Anisminic then sold the mining properties to The Economic Development Organisation (TEDO), owned by the Egyptian government, in 1957.

The tribunal decided that Anisminic were not eligible for compensation, because TEDO, their "successors in title", did not have British nationality, as required by the Orders.

By a 3–2 majority, the House of Lords decided that section 4(4) of the Foreign Compensation Act did not preclude a court from reviewing the tribunal's decision.

The Lords found the purported decision to be invalid (a nullity), because the tribunal had misconstrued the term "successor in title".

The decision illustrates the courts' reluctance to give effect to any legislative provision that attempts to exclude their jurisdiction in judicial review.