The court considered whether a power of appeal to the existed.
Held: A power did exist under FETO, and the CANI having mistakenly excluded a power to appeal the Supreme Court could nevertheless hear it. Both appeals were allowed.
Lady Hale, President, Lord Mance, Lord Kerr, Lord Hodge, Lady Black
[2018] UKSC 49, [2019] NI 96, [2019] 1 All ER 1, [2018] WLR(D) 648, [2018] 3 WLR 1294, [2018] HRLR 22, 45 BHRC 440, UKSC 2017/0020
Bailii, Bailii Summary, WLRD, SC, SC Summary, SC Summary Video, SC 2018 May 1 am Videos, SC 2018 May 01 pm Video, SC 2018 May 2 am, SC 2018 May pm Video
Northern Ireland Act 1998 Sch 10 34, County Courts (Northern Ireland) Order 1980 61(1), Judicature (Northern Ireland) Act 1978 42(6), Fair Employment and Treatment (Northern Ireland) Order 1998, Equality Act (Sexual Orientation) Regulations (Northern Ireland) 2006
Northern Ireland
Citing:
Cited – Commodore Royal Bahamas Defence Force and Others v Laramore PC 8-May-2017
Soldier’s right not to attend religious service
(The Bahamas) Parties challenged the removal of the right of service members to be excused attendance of the religious elements of force parades.
Held: The Muslim petty officer had been hindered in the exercise of his constitutional right to . .
Cited – Bull and Another v Hall and Another SC 27-Nov-2013
The court was asked ‘Is it lawful for a Christian hotel keeper, who sincerely believes that sexual relations outside marriage are sinful, to refuse a double-bedded room to a same sex couple?’ The defendants (Mr and Mrs Bull) appealed against a . .
Appeal from – Lee v McArthur and Others CANI 24-Oct-2016
The appellant bakers had accepted (through an assistant) an order from the claimant for a cake emblazoned with a pro gay marriage slogan. The appellants, being committed Christians, returned the payment for the cake and refused to complete the . .
Cited – English v Thomas Sanderson Ltd CA 19-Dec-2008
The claimant appealed dismissal of his claim for harrassment and sex discrimination. Though heterosexual, he had been subject to persistent jokes that he was homosexual. The court first asked whether the alleged conduct was ‘on the grounds of sexual . .
Cited – Ladele v London Borough of Islington CA 15-Dec-2009
The appellant was employed as a registrar. She refused to preside at same sex partnership ceremonies, saying that they conflicted with her Christian beliefs.
Held: The council’s decision had clearly disadvantaged the claimant, and the question . .
Cited – E, Regina (on The Application of) v Governing Body of JFS and Another SC 16-Dec-2009
E complained that his exclusion from admission to the school had been racially discriminatory. The school applied an Orthodox Jewish religious test which did not count him as Jewish because of his family history.
Held: The school’s appeal . .
Cited – RT (Zimbabwe) and Others v Secretary of State for The Home Department SC 25-Jul-2012
The claimants said it would be wrong to return them to Zimbabwe where they would be able to evade persecution only by pretending to a loyalty to, and enthusiasm for the current regime.
Held: The Secretary of State’s appeals failed. The HJ . .
Cited – Coleman v Attridge Law, Law ECJ 17-Jul-2008
ECJ Grand Chamber – Social policy – Directive 2000/78/EC – Equal treatment in employment and occupation – Articles 1, 2(1), (2)(a) and (3) and 3(1)(c) – Direct discrimination on grounds of disability – Harassment . .
Cited – Kokkinakis v Greece ECHR 25-May-1993
The defendant was convicted for proselytism contrary to Greek law. He claimed a breach of Article 9.
Held: To say that Jehovah’s Witness were proselytising criminally was excessive. Punishment for proselytising was unlawful in the . .
Cited – Ryder v Northern Ireland Policing Board CANI 23-Nov-2007
Kerr LCJ said: ‘A number of recent appeals from decisions of the Fair Employment/Industrial tribunals have involved challenges to conclusions reached on preliminary points – see, for instance, Bombadier Aerospace v McConnell and Cunningham v . .
Cited – Buscarini And Others v San Marino ECHR 18-Feb-1999
(Grand Chamber) Elected MPs complained that they were not allowed to take their seats unless they swore an oath in religious form.
Held: This requirement was not compatible with article 9. ‘That freedom [Article 9 freedom of thought] entails, . .
Cited – Board of Education et al v Barnette 14-Jun-1943
. .
Cited – Wooley v Maynard 20-Apr-1977
(United States Supreme Court) New Hampshire statutes require that noncommercial motor vehicles bear license plates embossed with the state motto, ‘Live Free or Die,’ and make it a misdemeanor to obscure the motto. Appellees, Maynard and his wife, . .
Cited – Kustannus Oy Vapaa Ajattelija Ab v Finland ECHR 15-Apr-1996
the European Commission of Human Rights held that limited companies could not rely upon article 9(1) to resist paying church taxes. . .
Cited – Anisminic Ltd v Foreign Compensation Commission HL 17-Dec-1968
All Public Law Challenges are For a Nullity
The plaintiffs had owned mining property in Egypt. Their interests were damaged and or sequestrated and they sought compensation from the Respondent Commission. The plaintiffs brought an action for the declaration rejecting their claims was a . .
Cited – In re Racal Communications Ltd; In Re a Company HL 3-Jul-1980
Court of Appeal’s powers limited to those Given
The jurisdiction of the Court of Appeal is wholly statutory; it is appellate only. The court has no original jurisdiction. It has no jurisdiction itself to entertain any original application for judicial review; it has appellate jurisdiction over . .
Lists of cited by and citing cases may be incomplete.
Updated: 27 September 2021; Ref: scu.625428