Coulthard & Anor, R (On the Application Of) v Secretary of State for the Environment, Food and Rural Affairs [2025] EWCA Civ 1671 (19 December 2025)

Coulthard & Anor, R (On the Application Of) v Secretary of State for the Environment, Food and Rural Affairs [2025] EWCA Civ 1671 (19 December 2025)

There are no inherent or categorical reasons of exceptional public interest justifying the disapplication of section 31(2A) of the Senior Courts Act 1981 solely because secondary legislation creates criminal offences or affects protected groups. The High Court was correct to find that, even if the PSED had been complied with at the outset, it is highly likely the Orders would have been made in the same form. The Orders remained valid throughout, and no exceptional public interest warranted relief. The appeal is dismissed.

Citation
[2025] EWCA Civ 1671
Parties
Claimant/appellant: Sophie Coulthard; Claimant/appellant: Licence Me Group Ltd; Defendant/respondent: Secretary of State for the Environment, Food and Rural Affairs
Jurisdiction
England and Wales
Judgment Date
19 December 2025
Procedural Posture
Judicial Review Appeal / Court of Appeal Judgment on Appeal From High Court
Outcome
Appeal dismissed
Legal Topics
Judicial Review, Public Sector Equality Duty, Secondary Legislation, Remedies, Dangerous Dogs Act, Discretionary Relief, Criminal Offences by Statutory Instrument
Administrative Law Criminal Law Equality Law Judicial Review Public Sector Equality Duty Secondary Legislation Remedies Dangerous Dogs Act +2 more

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Parties

Sophie Coulthard

Claimant/appellant

Licence Me Group Ltd

Claimant/appellant

Secretary of State for the Environment, Food and Rural Affairs

Defendant/respondent

Procedural Posture

Judicial Review Appeal / Court of Appeal Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether the High Court erred in refusing relief after finding breach of the Public Sector Equality Duty (PSED) in the making of secondary legislation creating criminal offences under the Dangerous Dogs Act 1991, on the basis that there were no reasons of exceptional public interest to disapply section 31(2A) of the Senior Courts Act 1981.

Ratio Decidendi

There are no inherent or categorical reasons of exceptional public interest justifying the disapplication of section 31(2A) of the Senior Courts Act 1981 solely because secondary legislation creates criminal offences or affects protected groups. The High Court was correct to find that, even if the PSED had been complied with at the outset, it is highly likely the Orders would have been made in the same form. The Orders remained valid throughout, and no exceptional public interest warranted relief. The appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • No relief granted; Orders remain in force; no declaration or quashing of the Orders.