Core Issues Trust v Transport for London

Core Issues Trust v Transport for London

TfL's refusal to display the Claimant's advertisement was a justified and proportionate restriction on freedom of expression under Article 10 ECHR, necessary to protect the rights of others, particularly those with same-sex orientation, and to comply with the Equality Act 2010. Although the decision-making process was procedurally unfair and inconsistent with TfL's own policy, these defects did not render the decision unlawful under the Human Rights Act or irrational. There was no breach of Article 14 ECHR or the Equality Act, as the refusal was based on content, not the identity of the advertiser, and ex-gays are not a protected class under the Act. Article 9 ECHR was not engaged as the...

Parties
Claimant: Core Issues Trust; Defendant: Transport for London
Jurisdiction
England and Wales
Judgment Date
22 March 2013
Procedural Posture
Judicial Review / Judgment After Substantive Hearing
Outcome
Claim for judicial review dismissed
Legal Topics
Freedom of Expression, Equality and Non Discrimination, Procedural Fairness, Judicial Review, Religious Freedom
Constitutional Law Administrative Law Human Rights Law Equality Law Freedom of Expression Equality and Non Discrimination Procedural Fairness Judicial Review +1 more

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Parties

Core Issues Trust

Claimant

Transport for London

Defendant

Procedural Posture

Judicial Review / Judgment After Substantive Hearing

Legal Issues

  1. 1 Whether TfL's refusal to allow the Claimant's advertisement on London buses was a breach of Article 10 ECHR (freedom of expression)
  2. 2 Whether the refusal was discriminatory under Article 14 ECHR and the Equality Act 2010
  3. 3 Whether Article 9 ECHR (freedom of religion) was engaged

Ratio Decidendi

TfL's refusal to display the Claimant's advertisement was a justified and proportionate restriction on freedom of expression under Article 10 ECHR, necessary to protect the rights of others, particularly those with same-sex orientation, and to comply with the Equality Act 2010. Although the decision-making process was procedurally unfair and inconsistent with TfL's own policy, these defects did not render the decision unlawful under the Human Rights Act or irrational. There was no breach of Article 14 ECHR or the Equality Act, as the refusal was based on content, not the identity of the advertiser, and ex-gays are not a protected class under the Act. Article 9 ECHR was not engaged as the...

Court Disposition

Claim for judicial review dismissed

Orders

  • Permission to apply for judicial review granted
  • Claim for judicial review dismissed