R (Datafin plc) v Panel on Take-overs and Mergers
1987 UK legal case
R v Panel on Take-overs and Mergers; Ex parte Datafin plc [1987] QB 815 is a UK constitutional law, company law and administrative law case of the Court of Appeal. It extended the scope of judicial review in English law to private bodies exercising public functions. Before Datafin, only bodies established by statute or prerogative powers could be judicially reviewed, while private bodies could only be sued for their actions in contract or tort law.
Facts
The Panel on Take-overs and Mergers is the City of London's self-regulating mechanism for dealing with mergers and acquisitions. The applicant complained about a breach of the Panel code by another company involved in the process and were unhappy with the Panel's decision. The case ended up in the Court of Appeal, due to the fact that the High Court felt that it had before it a matter that was outside its jurisdictional reach. Because it considered that the defendant wasn't amenable to judicial review, it wasn't able to grant the claimant the required leave to continue on with the claim.
The main issue facing the Court was whether to review the decision of a Panel set up under private law using the standards usually applied in administrative law.
Judgment
The Court of Appeal held that the powers exercised by the Panel (regulating take-overs and enforcing a code of conduct on them) were essentially in the domain of public law and formed part of the Government's scheme to regulate the City. Those affected had no choice but to submit to the Panel's jurisdiction.
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