SXC, R (on the application of) v Secretary of State for Work and Pensions & Anor

SXC, R (on the application of) v Secretary of State for Work and Pensions & Anor

An award of compensation is not necessary to afford just satisfaction for the breach of Convention rights, as the wrong was remedied by quashing the unlawful regulations and the enactment of new regulations; no financial loss was suffered and any discrimination was not personalised.

Parties
Claimant: SXC; Defendant: Secretary of State for Work and Pensions; Intervener: Equality and Human Rights Commission
Jurisdiction
England and Wales
Judgment Date
23 October 2019
Procedural Posture
Judicial Review / Remedies Judgment Following Liability Judgment
Outcome
No award of compensation to SXC for discrimination under the Human Rights Act 1998.
Legal Topics
Discrimination, Universal Credit, Compensation Under Human Rights Act, Transitional Provisions
Human Rights Administrative Law Social Welfare Law Discrimination Universal Credit Compensation Under Human Rights Act Transitional Provisions

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 14 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

SXC

Claimant

Secretary of State for Work and Pensions

Defendant

Equality and Human Rights Commission

Intervener

Procedural Posture

Judicial Review / Remedies Judgment Following Liability Judgment

Legal Issues

  1. 1 Whether compensation for financial and non-financial loss is necessary to afford just satisfaction for discrimination contrary to ECHR Article 14 and Article 1 of Protocol 1
  2. 2 Whether SXC suffered financial loss due to unlawful discrimination in transitional payments under Universal Credit regulations

Ratio Decidendi

An award of compensation is not necessary to afford just satisfaction for the breach of Convention rights, as the wrong was remedied by quashing the unlawful regulations and the enactment of new regulations; no financial loss was suffered and any discrimination was not personalised.

Court Disposition

No award of compensation to SXC for discrimination under the Human Rights Act 1998.

Orders

  • No compensation for financial loss.
  • No compensation for non-financial loss.