The terminology we use when we say ‘there are not varying degrees of nullity” outlines a long-established crucial legal principle in which grounds for setting aside are based. An act or provision is either entirely valid, or it’s entirely null and void from the outset. There’s no in between.

Intelligence UK Investigations provides this helpful analysis and commentary to assist in identifying and acting on acts by public bodies and their officers (including courts and judges) or acts by others, that are in law, void from the outset.

‘Not varying degrees of nullity means ‘void from the outset’ or ‘void ab initio’

There isn’t varying “levels” of invalidity, that is a fact. An act by a public body, a person, or a contractual or statutory condition is simply either valid or invalid, and if it’s the latter, it’s ‘void from the outset’, which translates in Latin to ‘void ab initio’.

The distinction between ‘void’ and ‘voidable’ has repeatedly been drawn in many final judgments of the senior courts over the last century.

In MacFoy v United Africa Ltd [1962] AC 152, ‘the people’s judge’, Lord Denning looked at an appeal to the Privy Council from the West African Court of Appeal. The point at issue was whether a statement of claim, delivered in the long vacation (which in those days was not permitted under the procedural rules) was a nullity. The appellant contended that it was, and that all subsequent proceedings were void.

Lord Denning, delivering the judgment of their Lordships, said this:

“The defendant here sought to say therefore that the delivery of the statement of claim in the long vacation was a nullity and not a mere irregularity. This is the same as saying that it was void and not merely voidable. The distinction between the two has been repeatedly drawn. If an act is void, then it is in law a nullity. It is not only bad, but incurably bad. There is no need for an order of the court to set it aside. It is automatically null and void without more ado, though it is sometimes convenient to have the court declare it to be so.  And every proceeding which is founded on it is also bad and incurably bad. You cannot put something on nothing and expect it to stay there. It will collapse.”