Core Issues Trust v Transport for London [2013] EWHC 651 (Admin) (22 March 2013)

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

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Parties

Core Issues Trust

Claimant

Transport for London

Defendant

Procedural Posture

Judicial Review / Final Judgment

  1. 1 Whether TfL's refusal to allow the advertisement breached Article 10 ECHR (freedom of expression)
  2. 2 Whether the decision was prescribed by law, pursued a legitimate aim, and was necessary in a democratic society
  3. 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