Gill, R (on the application of) v UK Statistics Authority

Gill, R (on the application of) v UK Statistics Authority

The claim is dismissed as premature and in breach of parliamentary privilege and the constitutional convention of the separation of powers. No justiciable decision has yet been made, and granting the relief sought would impermissibly interfere with the legislative process and Parliament's proceedings.

Parties
Claimant: Amrik Singh Gill (on behalf of the Sikh Federation UK); Defendant: Cabinet Office; Interested Party: UK Statistics Authority
Jurisdiction
England and Wales
Judgment Date
12 December 2019
Procedural Posture
Judicial Review / Judgment on Preliminary Objection and Merits
Outcome
Claim dismissed
Legal Topics
Judicial Review, Parliamentary Privilege, Separation of Powers, Census Legislation, Ultra Vires, Legitimate Expectation
Constitutional Law Administrative Law Civil Procedure Judicial Review Parliamentary Privilege Separation of Powers Census Legislation Ultra Vires +1 more

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 3 Authorities cited 18 Party arguments 2
Sign in to unlock

Parties

Amrik Singh Gill (on behalf of the Sikh Federation UK)

Claimant

Cabinet Office

Defendant

UK Statistics Authority

Interested Party

Procedural Posture

Judicial Review / Judgment on Preliminary Objection and Merits

Legal Issues

  1. 1 Whether the claim for judicial review challenging the exclusion of a Sikh ethnic group tick box in the census is premature and in breach of parliamentary privilege and the separation of powers
  2. 2 Whether the ONS unlawfully failed to apply its published evaluation criteria, including the public acceptability test, when recommending not to include a Sikh tick box
  3. 3 Whether the ONS applied its public acceptability criterion inconsistently across census topics

Ratio Decidendi

The claim is dismissed as premature and in breach of parliamentary privilege and the constitutional convention of the separation of powers. No justiciable decision has yet been made, and granting the relief sought would impermissibly interfere with the legislative process and Parliament's proceedings.

Court Disposition

Claim dismissed