Hampshire Constabulary & Anor v Bullale [2012] EWHC 1549 (QB) (12 June 2012)

Hampshire Constabulary & Anor v Bullale [2012] EWHC 1549 (QB) (12 June 2012)

The claimant failed to establish that the treatment by the police and ambulance service was less favourable, and there was no real prospect of proving racial discrimination at trial; the lower court erred by conflating the requirements for less favourable treatment and the reason for it.

Citation
[2012] EWHC 1549
Parties
Appellant/defendant: Chief Constable of Hampshire Constabulary; Appellant/defendant: South Central Ambulance Service NHS Trust; Respondent/claimant: Jama Farah Bullale (as Personal Representative of the Estate of Ali Farah Bullaleh)
Jurisdiction
England and Wales
Judgment Date
12 June 2012
Procedural Posture
Appeal / Appeal From Refusal to Strike Out or Grant Summary Judgment in Central London County Court
Outcome
Appeal allowed; claims dismissed.
Legal Topics
Summary Judgment, Strike Out Applications, Racial Discrimination, Vicarious Liability
Civil Procedure Discrimination Law Summary Judgment Strike Out Applications Racial Discrimination Vicarious Liability

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 7 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Chief Constable of Hampshire Constabulary

Appellant/defendant

South Central Ambulance Service NHS Trust

Appellant/defendant

Jama Farah Bullale (as Personal Representative of the Estate of Ali Farah Bullaleh)

Respondent/claimant

Procedural Posture

Appeal / Appeal From Refusal to Strike Out or Grant Summary Judgment in Central London County Court

Legal Issues

  1. 1 Whether the claim for racial discrimination against police and ambulance service had a real prospect of success
  2. 2 Whether the lower court erred in refusing to strike out or grant summary judgment for the defendants

Ratio Decidendi

The claimant failed to establish that the treatment by the police and ambulance service was less favourable, and there was no real prospect of proving racial discrimination at trial; the lower court erred by conflating the requirements for less favourable treatment and the reason for it.

Court Disposition

Appeal allowed; claims dismissed.

Orders

  • Claims against both appellants dismissed.