Core Issues Trust v Transport for London [2013] EWHC 651 (Admin) (22 March 2013)
TfL's refusal to allow the advertisement was prescribed by law, pursued a legitimate aim (protection of rights of others), and was necessary in a democratic society; the advertising policy met legal certainty requirements; the decision-making process was procedurally unfair but did not render the decision unlawful; no breach of Article 10 ECHR was established.
- Citation
- [2013] EWHC 651 (Admin)
- Parties
- Claimant: Core Issues Trust; Defendant: Transport for London
- Jurisdiction
- England and Wales
- Judgment Date
- 22 March 2013
- Procedural Posture
- Judicial Review / Final Judgment
- Outcome
- Claim dismissed
- Legal Topics
- Freedom of Expression, Public Sector Equality Duty, Advertising Policy, Procedural Fairness
Case Brief
Summary, issues, holding and outcome
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Parties
Core Issues Trust
Claimant
Transport for London
Defendant
Procedural Posture
Judicial Review / Final Judgment
Legal Issues
- 1 Whether TfL's refusal to allow the advertisement breached Article 10 ECHR (freedom of expression)
- 2 Whether the decision was prescribed by law, pursued a legitimate aim, and was necessary in a democratic society
- 3 Whether the decision-making process was procedurally fair
Ratio Decidendi
TfL's refusal to allow the advertisement was prescribed by law, pursued a legitimate aim (protection of rights of others), and was necessary in a democratic society; the advertising policy met legal certainty requirements; the decision-making process was procedurally unfair but did not render the decision unlawful; no breach of Article 10 ECHR was established.
Court Disposition
Claim dismissed
Full Case Text
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