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These cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases.  














Armed Forces - From: 1995 To: 1995

This page lists 8 cases, and was prepared on 03 April 2018.


 
 Barrett v Ministry of Defence; CA 3-Jan-1995 - Times, 13 January 1995; Independent, 03 January 1995; [1995] 1 WLR 1217; [1994] EWCA Civ 7; [1995] 3 All ER 87

 
 Regina v Clegg; HL 25-Jan-1995 - Gazette, 22 February 1995; Independent, 01 February 1995; Times, 25 January 1995; [1995] UKHL 1; [1995] 1 All ER 334; [1995] 1 AC 482
 
Regina v Hiley Times, 10 March 1995; Ind Summary, 24 April 1995
10 Mar 1995
CMAC

Criminal Practice, Armed Forces
Applications for leave to appeal to Courts Martial Appeal Court must provide fresh & argued grounds of the appeal.

 
Regina v Ministry of Defence Ex Parte Smith and Others Times, 13 June 1995; Independent, 08 June 1995
7 Jun 1995
QBD
Simon Brown LJ and Curtis J
Employment, Administrative, Human Rights, Discrimination, Armed Forces
An MOD ban on employing homosexuals was not Wednesbury unreasonable, even though it might be out of date. Pannick (counsel for the applicant, approved): ´The court may not interfere with the exercise of an administrative discretion on substantive grounds save where the court is satisfied that the decision is unreasonable in the sense that it is beyond the range of responses open to a reasonable decision-maker. But in judging whether the decision-maker has exceeded this margin of appreciation the human rights context is important. The more substantial the interference with human rights, the more the court will require by way of justification before it is satisfied that the decision is reasonable in the sense outlined above.' After referring to changes of attitude in society towards same-sex relationships: "I regard the progressive development and refinement of public and professional opinion at home and abroad, here very briefly described, as an important feature of this case. A belief which represented unquestioned orthodoxy in year X may have become questionable by year Y and unsustainable by year Z. Public and professional opinion are a continuum."
Sir Thomas Bingham MR: "It is, inevitably, common ground that the United Kingdom's obligation, [under article 8] binding in international law, to respect and secure compliance with this article is not one that is enforceable by domestic courts. The relevance of the Convention in the present context is as background to the complaint of irrationality. The fact that a decision-maker failed to take account of convention obligations when exercising an administrative discretion is not of itself a ground for impugning that exercise of discretion."
European Convention on Human Rights 8
1 Cites

1 Citers



 
 Sirdar v Ministry of Defence; EAT 15-Sep-1995 - [1995] UKEAT 978_95_1509
 
Regina v Ministry of Defence ex parte Smith; ex parte Grady [1995] EWCA Civ 22; [1996] 2 WLR 305; [1996] QB 517; [1996] IRLR 100; [1996] ICR 740; [1996] 1 All ER 257
3 Nov 1995
CA
Sir Thomas Bingham MR, Henry LJ, Thorpe LJ
Employment, Armed Forces, Administrative, Human Rights
Four appellants challenged the policy of the ministry to discharge homosexuals from the armed services.
Sir Thomas Bingham MR said: "The court may not interfere with the exercise of an administrative discretion on substantive grounds save where the court is satisfied that the decision is unreasonable in the sense that it is beyond the range of responses open to a reasonable decision-maker. But in judging whether the decision-maker has exceeded this margin of appreciation the human rights context is important. The more substantial the interference with human rights, the more the court will require by way of justification before it is satisfied that the decision is reasonable in the sense outlined above."
1 Cites

1 Citers

[ Bailii ]
 
Regina v Secretary of State for Defence Ex Parte Smith; Regina v Same Ex Parte Grady Etc Times, 06 November 1995; [1996] QB 517
6 Nov 1995
CA
Sir Thomas Bingham MR
Employment, Discrimination, Armed Forces
A ban on homosexuals serving in the armed forces was not irrational, and the challenge to the ban failed. The greater the policy content of a decision, and the more remote the subject matter of a decision from ordinary judicial experience, the more hesitant the court must necessarily be in holding a decision to be irrational. Where decisions of a policy-laden, esoteric or security-based nature are in issue even greater caution than normal must be shown in applying the test, but the test itself is sufficiently flexible to cover all situations. “The court may not interfere with the exercise of an administrative discretion on substantive grounds save where the court is satisfied that the decision is unreasonable in the sense that it is beyond the range of responses open to a reasonable decision-maker. But in judging whether the decision-maker has exceeded this margin of appreciation the human rights context is important. The more substantial the interference with human rights, the more the court will require by way of justification before it is satisfied that the decision is reasonable in the sense outlined above.” Profound cultural changes do take time, but "A belief which represented unquestioned orthodoxy in year X may have become questionable by year Y and unsustainable by year Z."
1 Cites

1 Citers



 
 Ministry of Defence -v Wheeler; EAT 22-Dec-1995 - Times, 22 December 1995
 
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