Johnson & Ors, R (on the application of) v Secretary of State for Constitutional Affairs & Anor [2006] EWCA Civ 1808 (05 December 2006)

Johnson & Ors, R (on the application of) v Secretary of State for Constitutional Affairs & Anor [2006] EWCA Civ 1808 (05 December 2006)

Permission to appeal is granted to allow both the Human Rights Act argument and the public authority argument to be heard, as both are of significant importance and may affect the applicants' rights.

Citation
[2006] EWCA Civ 1808
Parties
Claimants/appellants: Johnson & Ors; Defendants/respondents: Secretary of State for Constitutional Affairs & Anr
Jurisdiction
England and Wales
Judgment Date
05 December 2006
Procedural Posture
Judicial Review / Renewed Application for Permission to Appeal
Outcome
Permission to appeal granted
Legal Topics
Human Rights Act 1998, Public Authority Status, Care Home Transfers, Judicial Review Procedure
Public Law Human Rights Human Rights Act 1998 Public Authority Status Care Home Transfers Judicial Review Procedure

Case Brief

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Parties

Johnson & Ors

Claimants/appellants

Secretary of State for Constitutional Affairs & Anr

Defendants/respondents

Procedural Posture

Judicial Review / Renewed Application for Permission to Appeal

Legal Issues

  1. 1 Whether the transfer of care homes from public to private sector unlawfully deprives residents of human rights protection
  2. 2 Whether a private care home provider should be treated as a public authority under section 6(1) of the Human Rights Act 1998

Ratio Decidendi

Permission to appeal is granted to allow both the Human Rights Act argument and the public authority argument to be heard, as both are of significant importance and may affect the applicants' rights.

Court Disposition

Permission to appeal granted

Orders

  • Applicants granted permission to appeal on both the Human Rights Act and public authority arguments
  • Applicants granted leave to amend Notice of Appeal to include public authority argument