This landmark judicial review case relates to the popular AS topic of delegated legislation. A bylaw made by the local council (Wednesbury Corporation) was challenged in the High Court and was then finally submitted to the Court of Appeal. The case was brought by the claimants, the owners of a cinema in the West Midlands town of Wednesbury, claiming that the council had acted ultra vires. The enabling Act in question was the Sunday Entertainments Act 1932. The law had stated previously that it was illegal to show films on a Sunday. The 1932 Act amended this rule, allowing the opening of cinemas on a Sunday, subject to conditions that the local council thought fit to impose.
Wednesbury Corporation decided that it should allow cinemas to open on a Sunday, but imposed the condition that no children under 15 years old could be admitted. The cinema owners thought that a total ban on children under 15 was unreasonable and they argued that a fairer condition would be to allow such children admittance if accompanied by an adult.
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