Return of the blog

Having failed to keep up with the demands of this blog for most of 2020 I have spent the last couple of weeks attempting to catch up with the case law, if not many other developments, in the field of equality law and have just posted multiple case reports. While less useful than they might have been had they been posted in a timely manner I hope that they will contribute to the blog as a resource for those interested in this area of law. I have also started to provide more information in the tags including as to judges and lawyers involved.

Perhaps the most notable decision is that of the Supreme Court in R (SC) v Secretary of State for Work and Pensions [2021] UKSC 26, [2021] 3 WLR 428, 9 July 2021 in which the Supreme Court admitted defeat in the Article 14 battle between suspect grounds and the “manifestly without reasonable foundation” formulation for justification. Notwithstanding this welcome development, subsequent caselaw suggests that this may have been a pyrrhic victory (see for example R (Salvato) v Secretary of State for Work and Pensions [2021] EWCA Civ 1482, R (The Motherhood Plan & Anor) v Her Majesty’s Treasury [2021] EWCA Civ 1703 and MOC (by his litigation friend) v Secretary of State for Work and Pensions [2022] EWCA Civ 1.

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