R (CN) v Secretary of State for Health and Social Care

Court of Appeal: Sir Geoffrey Vos MR, King and Dingemans LJJ, [2022] EWCA Civ 86, 4 February 2022

The claimant sought to challenge the exclusion from an infected blood compensation scheme of people who contracted hepatitis B (HBV). He had contracted HBV from unscreened blood in 1989 but HBV was excluded from the scheme because blood donors had been screened for HBV since 1972. The claimant sought to rely on Articles 8 and 14 and A1P1 ECHR and on s15 EqA (disability discrimination). His claim failed and the Court of Appeal rejected his appeal, relying on the Supreme Court’s decision in R (SC) v Secretary of State for Work and Pensions & Ors [2021] UKSC 26,  (see previous post) and ruling that any differential treatment of similarly situated individuals was justifiable given the intensity of review appropriate to judgments of social and economic policy notwithstanding the fact that disability discrimination was alleged. Continue reading

R (Good Law Project Ltd & Anor) v Prime Minister & Anor

Queen’s Bench Division (Divisional Court): Singh LJ and Swift J, [2022] EWHC 298 (Admin),15 February 2022

This decision is most interesting for its approach to standing, in particular that the Good Law Project’s roving approach to JR challenges did not provide it with standing for such challenges. The Court also rejected the claim of the Runnymeade Trust, which it accepted did have standing on a PSED challenge, to standing to challenge as indirectly discriminatory  the many informal appointments to positions of responsibility which characterised the approach of the UK Government’s approach under the pandemic. Such claims were in the Divisional Court’s view properly brought by individual litigants who sought to challenge their own exclusion from consideration rather than by either claimant, and were not the proper subject of judicial review. Having decided that the Runnymede Trust did have standing to challenge the defendant’s compliance with the PSED the court  concluded that the duty had been breached in relation to two of the appointments. Continue reading

For Women Scotland Limited v (1) The Lord Advocate, (2) The Scottish Ministers

Court of Session (Inner House): Lord Justice Clerk, Lord Malcolm, Lord Pentland, [2022] CSIH 4, 18 February 2022

This was a challenge brought by way of judicial review to the Scottish Government’s decision by way of the Gender Representation on Public Boards (Scotland) Act 2018 to implement certain positive action measures which treated as a “woman” a “person [who] is living as a woman and is proposing to undergo, is undergoing or has undergone a process (or part of a process) for the purpose of becoming female.” Continue reading

Warburton v Chief Constable of Northamptonshire Police

EAT; Griffiths J, [2022] EAT 42, 14 March 2022

The EAT ruled that a tribunal had applied the wrong approach to victimisation when it dismissed the claimant’s complaint against the respondent. Continue reading

Biden v Waverley Borough Council

Court of Appeal: Macur, Asplin and Coulson LJJ, [2022] EWCA Civ 442, 1 April 2022

The Court of Appeal dismissed the claimant’s appeal against the dismissal of her claim that the respondent authority had breached the PSED by failing to make the inquiries the claimant deemed necessary on matters relating to the incidence of gender reassignment hate crime in the area of the accommodation offered to the claimant with the assistance of  an LGBT liaison officer, rather than a police support community officer. Continue reading

Benkharbouche and Janah v United Kingdom

ECtHR, App. Nos. 19059/18 and 19725/18, [2022] ECHR 19059/18, [2022] ECHR 19725/18

The ECtHR accepted the UK Government’s concessions that it had breached the Article 6 and 14 rights of the second claimant, a domestic worker whose claims against the State of Libya had been blocked by the State Immunity Act. Continue reading