Nullity in Public Law: Two Recent Supreme Court Judgments

Abstract

1. In two recent judgments the Supreme Court has grappled with the concept of nullity in public law. TN (Vietnam) v Secretary of State for the Home Department concerned whether a tribunal decision, which was taken pursuant to inherently unfair and ultra vires procedure rules, was for that reason a nullity. In Majera v Secretary of State for the Home Department the Court considered whether the Home Office could lawfully act in a manner which was inconsistent with a defective tribunal bail order, without first obtaining variation, setting aside or quashing of the order. The Supreme Court answered both questions in the negative. In doing so, it has reaffirmed and clarified certain fundamental principles in relation to the concept of nullity and invalidity in public law.