Regina (Ellas) v Secretary of State for Defence: QBD 7 Jul 2005

The claimant was registered as a British subject, but lived in Hong Kong. During the second world war she was interned by the Japanese. She sought a payment now under the ex-gratia prisoner of war scheme. She appealed refusal of benefit, saying the scheme was discriminatory.
Held: The appeal succeeded. The scheme distinguished between members of the armed forces and others. Civilians had to establish birth in the UK, or a grandparent who had been so born. That provision was indirect discrimination on the ground of national origin and as such was unlawful unless justified. The discrimination was very marked, and would require clear support. No such support was forthcoming. The legitimate aims could be achieved by other means. The order was unlawful.


Elias J


Times 25-Aug-2005


Race Relations Act 1976


England and Wales


Updated: 05 April 2022; Ref: scu.229814