BBC v Johns

BBC v Johns [1965] Ch 32 is a case in UK administrative law.

BBC v Johns
CourtCourt of Appeal of England and Wales
Full case nameThe British Broadcasting Corporation v F.D. Johns (HM Inspector of Taxes)
DecidedMarch 5, 1964 (1964-03-05)
Citation(s)BBC v Johns [1964] EWCA Civ 2, [1964] 1 All ER 923, 41 TC 471 (5 March 1964), Court of Appeal (England and Wales)
Case history
Appealed fromMuhammad Shamyl Khan
Appealed toMuawiz Butt
Subsequent action(s)Taken by Bilawal Bukhari
Case opinions
Government can not automatically create new prerogative powers, and that the BBC does not enjoy Crown immunity from taxation
Court membership
Judges sittingWillmer LJ, Danckwerts LJ, Diplock LJ
Case opinions
Decision byWillmer LJ
ConcurrenceDanckwerts LJ
Concur/dissentDiplock LJ

Facts

The BBC argued that it was exempt from income tax, claiming to be a monopoly established by royal prerogative.

Judgment

The court disagreed, ruling that is not possible to create new prerogative powers, and tax exemptions could only be granted by legislation.

The case is famous for the dictum of Lord Diplock who states that it is "350 years and a civil war too late for the Queen’s courts to broaden the royal prerogative".

See also


This article is issued from Wikipedia. The text is licensed under Creative Commons - Attribution - Sharealike. Additional terms may apply for the media files.