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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

External links


johns, 1965, case, administrative, courtcourt, appeal, england, walesfull, case, namethe, british, broadcasting, corporation, johns, inspector, taxes, decidedmarch, 1964, 1964, citation, 1964, ewca, 1964, march, 1964, court, appeal, england, wales, case, histo. BBC v Johns 1965 Ch 32 is a case in UK administrative law BBC v JohnsCourtCourt of Appeal of England and WalesFull 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 historyAppealed fromMuhammad Shamyl KhanAppealed toMuawiz ButtSubsequent action s Taken by Bilawal BukhariCase opinionsGovernment can not automatically create new prerogative powers and that the BBC does not enjoy Crown immunity from taxationCourt membershipJudges sittingWillmer LJ Danckwerts LJ Diplock LJCase opinionsDecision byWillmer LJConcurrenceDanckwerts LJConcur dissentDiplock LJ Contents 1 Facts 2 Judgment 3 See also 4 External linksFacts EditThe BBC argued that it was exempt from income tax claiming to be a monopoly established by royal prerogative This section needs expansion You can help by adding to it May 2014 Judgment EditThe 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 This section needs expansion You can help by adding to it May 2014 See also EditR v Secretary of State for the Home Department ex parte Northumbria Police Authority BBC v Harper Collins R ProLife Alliance v BBCExternal links Edithttp swarb co uk the british broadcasting corporation v johns hm inspector of taxes ca 5 mar 1964 This article related to English law is a stub You can help Wikipedia by expanding it vte Retrieved from https en wikipedia org w index php title BBC v Johns amp oldid 921286084, wikipedia, wiki, book, books, library,

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