England and Wales Case Law

BHO, R (on the application of) v Secretary of State for Health and Social Care & Anor

The grant of new residence status under Article 18.1 WA confers Title II Part 2 WA rights prospectively, not retrospectively; Late Beneficiaries' pre-application residence is not rendered lawful under the WA. The indirect discrimination in NHS charging is justified by the legitimate aim of promoting and ensuring the integrity of the UK's constitutive scheme under Article 18.1 WA.

Source excerpt

• Withdrawal agreement
• Nhs charging regulations
• Equal treatment
• Indirect discrimination
• Constitutive vs declaratory schemes
• Retrospective effect

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The New Lottery Company Ltd & Anor v The Gambling Commission

The New Lottery Company Ltd & Anor v The Gambling Commission [2026] EWHC 891 (TCC) (17 April 2026)

Procurement challenge over the Fourth National Lottery Licence. The court dismissed claims of manifest error, transparency breaches and unlawful contract modifications.

• Procurement process
• Manifest error
• Transparency
• Equal treatment
• Modification of contracts
• Damages for loss of chance

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The New Lottery Company Limited & Anor v The Gambling Commission

High Court procurement challenge to the Fourth National Lottery Licence was dismissed, with no manifest error found in evaluation or unlawful contract modification.

• Manifest error
• Equal treatment
• Transparency
• Modification of contracts
• Conflict of interest
• Incumbency advantage

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Jason Lutz v Ryanair DAC & Anor

The claimant was employed by MCG under an express contract and supplied to Ryanair for a fixed five-year term, making him a 'crew member' under CAWTR and an 'agency worker' supplied temporarily under AWR; the supply was not permanent, and the claimant is entitled to equal treatment and annual leave protections.

Source excerpt

• Agency worker status
• Annual leave entitlement
• Equal treatment
• Tripartite employment relationships
• Fixed-term contracts

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Fertre v Vale of White Horse District Council

Fertre v Vale of White Horse District Council [2025] EWCA Civ 1057 (31 July 2025)

The Court of Appeal held that a French national with pre-settled status was not entitled to homelessness assistance under the Withdrawal Agreement.

• Withdrawal agreement
• Pre-settled status
• Homelessness assistance
• Equal treatment
• Non-discrimination
• Citizens' rights directive

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BZ, R (on the application of) v Secretary of State for the Home Department

The High Court considered whether a Bangladeshi woman who fled domestic abuse by her son could rely on Withdrawal Agreement rights to obtain Universal Credit and access settlement protections.

• Withdrawal agreement
• Universal credit
• Domestic abuse
• Equal treatment
• Residence rights
• Withdrawal-agreement

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Lutz v Ryanair DAC & Anor

Lutz v Ryanair DAC & Anor [2025] EWCA Civ 849 (08 July 2025)

The Court of Appeal held that a contracted pilot was employed by the agency, not Ryanair, for CAWTR purposes, and was an agency worker under the AWR.

• Agency workers
• Employment status
• Annual leave entitlement
• Equal treatment
• Tripartite employment relationships
• Employment-status

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DHL Air (UK) Limited v The Commissioners for HMRC

The Upper Tribunal held that CCC authorisations could not be renewed under the UCC regime due to substantive differences in legal frameworks and transitional provisions. The appellant's 2017 application did not qualify as a renewal for the same kind of operation and goods under Article 172(3) UCC DA. The FTT correctly limited what could amount to exceptional circumstances under Article 172(2) UCC DA and was not required to direct HMRC to treat the application consistently with other operators or guidance. No errors of law were found in the FTT's decision.

Source excerpt

• Union customs code
• End-use relief
• Retroactive authorisation
• Equal treatment
• Exceptional circumstances

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Working on Wellbeing Ltd Trading as Optima Health v Secretary of State for Work and Pensions & Anor

The Court of Appeal held that the tender language did not create a mandatory exclusion clause and that DWP should have sought clarification of obvious pricing errors.

• Tender evaluation
• Mandatory exclusion clauses
• Clarification of bids
• Equal treatment
• Transparency
• Proportionality

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Gwladys Fertré v Vale of White Horse District Council

The Appellant is not residing in the UK on the basis of the Withdrawal Agreement because her pre-settled status (PSS) is a domestic law status, not a right conferred by the Withdrawal Agreement. The Withdrawal Agreement preserves only existing EU law rights of residence, which require compliance with the conditions of the Citizens’ Rights Directive. The Appellant, being economically inactive and not meeting those conditions, does not have a right of residence protected by Article 23 of the Withdrawal Agreement. Therefore, she is not entitled to equal treatment or housing assistance under the…

Source excerpt

• Withdrawal agreement
• Eu settlement scheme
• Pre-settled status
• Discrimination
• Homelessness assistance
• Equal treatment

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