England and Wales Case Law

BYL & Anor, R (On the Application Of) v Chancellor of the Exchequer

BYL & Anor, R (On the Application Of) v Chancellor of the Exchequer [2026] EWCA Civ 170 (27 February 2026)

The Court of Appeal dismissed challenges to VAT on private school fees, holding the measure proportionate and objectively justified despite impacts on low-cost faith schools.

• Article 14 echr (prohibition of discrimination)
• Article 2 protocol 1 echr (right to education)
• Article 1 protocol 1 echr (right to property)
• Value added tax (vat)
• Finance act 2025
• Religious freedom

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R (on the application of AM (Belarus)) v Secretary of State for the Home Department

UKSC held that refusal to grant leave to remain to a foreign criminal in self-induced limbo did not violate Article 8, given the strong public interest in immigration control.

• Deportation of foreign criminals
• Article 8 echr - right to private life
• Immigration bail
• Leave to remain
• Statelessness
• Proportionality analysis

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Re H-W (Care proceedings: Further fact-finding hearing)

The Court of Appeal allowed a local authority appeal and ordered a further fact-finding hearing, holding that the judge had misapplied the proportionality test.

• Care proceedings
• Fact-finding hearings
• Threshold criteria
• Case management
• Proportionality analysis
• Care-proceedings

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Star China Media Limited, R (on the application of) v The Office of Communications

The court dismissed Star China Media’s judicial review challenge to OFCOM’s £125,000 penalty for due impartiality breaches in CGTN news coverage.

• Broadcasting code compliance
• Impartiality in news reporting
• Financial penalties
• Freedom of expression
• Proportionality analysis
• Judicial-review

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Z & Ors, R (On the Application Of) v Hackney London Borough Council & Anor

The Divisional Court held that AIHA’s Orthodox Jewish housing allocation policy was lawful under Equality Act exceptions, and dismissed the judicial review.

• Direct discrimination
• Indirect discrimination
• Positive action
• Charities exception
• Public law compliance
• Children's welfare

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HA v University of Wolverhampton & Ors (Rev 1)

Judicial review over disclosure of spent convictions for an MPharm applicant and removal from the course. The court held the disclosure request lawful, but quashed the exclusion decision.

• Disclosure of spent convictions
• Fitness to practice
• Article 8 echr
• Rehabilitation of offenders act
• Exceptions order
• Enhanced criminal record checks

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Secretary of State for the Home Department v VM (Jamaica)

The Court of Appeal held that VM had no right of appeal against a “no fresh claim” decision, and upheld deportation on the merits under Article 8 and EU law.

• Deportation of foreign criminals
• Article 8 echr
• Eu citizenship rights
• Fresh claim under immigration rules
• Jurisdiction of tribunals
• Proportionality analysis

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NA (Pakistan) v Secretary of State for the Home Department & Ors

Court of Appeal guidance on deportation of foreign criminals and Article 8. The court upheld dismissal of NA and MY, and allowed KJ and WM for rehearing.

• Deportation of foreign criminals
• Article 8 echr (right to respect for private and family life)
• Interpretation of immigration rules
• Proportionality analysis
• Statutory construction
• Deportation-of-foreign-criminals

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Lee v Secretary of State for Communities and Local Government & Anor

Lee v Secretary of State for Communities and Local Government & Anor [2016] EWCA Civ 558 (17 June 2016)

The Court of Appeal dismissed a planning appeal about Green Belt gypsy accommodation, holding that the Secretary of State had adequately addressed Article 8 and the planning balance.

• Green belt development
• Enforcement notice
• Temporary planning permission
• Article 8 echr
• Gypsy and traveller accommodation
• Proportionality analysis

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P (A Child)

Court of Appeal held that care and placement orders for adoption were made without a proper proportionality analysis and sent the case back for rehearing.

• Care orders
• Placement orders
• Adoption
• Threshold criteria
• Proportionality analysis
• Domestic violence

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