England and Wales Case Law

Harriet Haynes v Paul Thomson & Anor (on behalf of the English Blackball Pool Federation)

Following the Supreme Court's decision in For Women Scotland Ltd v The Scottish Ministers, 'sex' in the Equality Act 2010 refers to biological sex. The claimant's exclusion from female competitions was based on her biological sex, not gender reassignment, and thus does not constitute gender reassignment discrimination. As no claim for sex discrimination was pleaded, the claim fails. Even if gender reassignment discrimination were alleged, exclusion would be justified as pool is a gender-affected activity and exclusion is necessary to secure fair competition.

Source excerpt

• Gender reassignment discrimination
• Sex discrimination
• Provision of services
• Gender-affected activity
• Fair competition
• Human rights act compatibility

Read case analysis

Cornerstone (North East) Adoption And Fostering Service Ltd, R (On the Application Of) v The Office for Standards In Education, Children's Services And Skills

Cornerstone (North East) Adoption And Fostering Service Ltd, R (On the Application Of) v The Office for Standards In Education, Children's Services And Skills [2020] EWHC 1679 (Admin) (07 July 2020)

The High Court held that Cornerstone’s policy excluding gay and lesbian foster carers was unlawful and upheld Ofsted’s report and requirements.

• Discrimination on grounds of sexual orientation
• Discrimination on grounds of religion or belief
• Provision of services
• Charity exceptions under equality act
• Public authority functions
• Freedom of religion

Read case analysis

Cornerstone (North East) Adoption And Fostering Service Ltd, R (On the Application Of) v The Office for Standards In Education, Children's Services And Skills

The High Court held Cornerstone’s foster carer recruitment policy unlawfully discriminated against gay and lesbian applicants, while allowing religious preference, and upheld Ofsted’s report.

• Discrimination
• Sexual orientation
• Religion or belief
• Provision of services
• Public authority
• Fostering agencies

Read case analysis

MM, R (on the application of) v London Borough of Hounslow

The High Court held that Hounslow’s February 2015 assessment of a disabled teenager’s needs was lawful, and dismissed the judicial review claim.

• Assessment of needs
• Provision of services
• Eligibility criteria
• Carer support
• Judicial review
• Statutory duties

Read case analysis

JEB Recoveries LLP v Binstock

The High Court held it lacked jurisdiction over three contract claims against Mr Binstock, but allowed a third claim to proceed because it had a sufficient London connection.

• Jurisdiction
• Domicile
• Brussels convention
• Provision of services
• Strike out applications
• Brussels-convention

Read case analysis

JEB Recoveries LLP v Binstock

JEB Recoveries LLP v Binstock [2015] EWHC 1168 (Ch) (18 March 2015)

The court considered whether it had jurisdiction over contract-based claims against Mr Binstock and held that only the third claim had a sufficient English connection.

• Jurisdiction
• Domicile
• Brussels convention
• Provision of services
• Champerty
• Brussels-convention

Read case analysis

J, R (on Application of) v Worcestershire County Council

The Court of Appeal held that a local authority may provide section 17 Children Act 1989 services to a child in need even when the child is outside its area.

• Local authority powers
• Children in need
• Statutory interpretation
• Provision of services
• Children act 1989
• Children-act-1989

Read case analysis

J, R (on the application of) v Worcestershire County Council & Anor

The High Court held that a local authority’s section 17 power can be used to provide services to a child in need even when the child is outside the authority’s area.

• Local authority powers
• Children in need
• Provision of services
• Geographical scope of statutory powers
• Travellers and gypsies
• Equality act 2010

Read case analysis

J, R (on the application of) v Worcestershire County Council & Anor

J, R (on the application of) v Worcestershire County Council & Anor [2013] EWHC 3845 (Admin) (06 December 2013)

The High Court held that a local authority’s section 17 Children Act 1989 power can extend to providing services to a child outside its area, if the child was assessed in need while within the area.

• Local authority powers
• Children in need
• Provision of services
• Travellers and gypsies
• Equality act 2010
• Children act 1989 s.17

Read case analysis

Edwards v Flamingo Land Ltd

The Court of Appeal dismissed a disability discrimination appeal arising from a restaurant’s refusal to let a family eat in a picnic area.

• Disability discrimination
• Reasonable adjustments
• Provision of services
• Appeals procedure
• Disability-discrimination
• Reasonable-adjustments

Read case analysis