Johnson & Ors, R (on the application of) v Secretary of State for Constitutional Affairs & Anor

Johnson & Ors, R (on the application of) v Secretary of State for Constitutional Affairs & Anor

Permission to appeal is granted to the applicants on both the HRA argument and the public authority argument, as both are of significant importance and may affect the applicants' rights. The public authority point should be argued in the context of the HRA argument, and applicants are given leave to amend their Notice of Appeal accordingly.

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
Public Authority Status Under Human Rights Act, Transfer of Care Homes, Section 6(1) Human Rights Act, Permission to Appeal
Constitutional Law Human Rights Law Administrative Law Public Authority Status Under Human Rights Act Transfer of Care Homes Section 6(1) Human Rights Act Permission to Appeal

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 to a private provider is unlawful under the Human Rights Act
  2. 2 Whether a private care home provider should be treated as a public authority under section 6(1) of the Human Rights Act
  3. 3 Whether applicants have standing to argue the public authority point on appeal

Ratio Decidendi

Permission to appeal is granted to the applicants on both the HRA argument and the public authority argument, as both are of significant importance and may affect the applicants' rights. The public authority point should be argued in the context of the HRA argument, and applicants are given leave to amend their Notice of Appeal accordingly.

Court Disposition

Permission to appeal granted

Orders

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