Re Racal Communications [1981]

Case concerned DPP’s
application for order to inspect a company’s records under Companies Act 1948.
Act provided that decision of
High Court judge on application under Act ‘shall not be appealable’.
Lord Diplock, with whom Lord
Keith agreed, drew tripartite distinction as to scope of review.
1. Administrative tribunals
or authorities subject to Anisminic.
2. Inferior courts subject to
pre-Anisminic law.
Would depend on construction
of statute whether Parliament intended questions of law to be left to inferior
court.
3. High Court not subject to JR
at all, only appeal.
And if, as here, statute
provides judge’s decision shall not be appealable, no redress at all.
[However, little support for
Diplock’s view in other three judgments, or in later cases.
Indeed Diplock himself seemed
to reject it in O’Reilly]