BBC v Johns explained

BBC v Johns
Court:Court of Appeal of England and Wales
Full Name:The British Broadcasting Corporation v F.D. Johns (HM Inspector of Taxes)
Citations:BBC v Johns . BBC v Johns . EWCA . Civ . 1964 . 2 . [1964] 1 All ER 923, 41 TC 471. 5 March 1964. auto.
Judges:Willmer LJ, Danckwerts LJ, Diplock LJ
Number Of Judges:3
Decision By:Willmer LJ
Concurring:Danckwerts LJ
Concur/Dissent:Diplock LJ
Appealed From:Muhammad Shamyl Khan
Appealed To:Muawiz Butt
Subsequent Actions:Taken by Bilawal Bukhari
Opinions:Government can not automatically create new prerogative powers, and that the BBC does not enjoy Crown immunity from taxation
Italic Title:yes

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

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