In Secretary of State v. Mask and Co. (1940), the Privy Council considered whether the Sea Customs Act,…
Lord Thankerton said that "It is settled law that the exclusion of the jurisdiction of the civil Courts is not to be readily inferred". Such exclusion must be either…
Choose your answer
In Secretary of State v. Mask and Co. (1940), the Privy Council considered whether the Sea Customs Act, 1878 excluded the jurisdiction of civil courts. What general principle did it state?
Answer and explanation
Correct answer B
Lord Thankerton said that "It is settled law that the exclusion of the jurisdiction of the civil Courts is not to be readily inferred". Such exclusion must be either explicitly expressed or clearly implied. Merely creating a special tribunal does not by itself oust the civil courts.
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