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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Gulshan v Lord Chancellor

Gulshan v Lord Chancellor [2023] EWCA Civ 306 (22 March 2023)

The Court of Appeal refused permission to appeal in a challenge to HMCTS kirpan guidance, holding the length restriction was lawful, proportionate, and justified by public safety.

• Judicial review
• Religious freedom
• Discrimination
• Court security
• Proportionality
• Alternative remedy

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NHS Trust v X (In the matter of X (A Child) (No 2))

The High Court held that a Gillick competent minor’s refusal of medical treatment is not always determinative; the court may override it in the child’s best interests.

• Gillick competence
• Consent to medical treatment
• Parens patriae jurisdiction
• Best interests of the child
• Human rights act 1998
• Mental capacity act 2005

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A (Children) (Contact: Ultra-Orthodox Judaism: Transgender Parent)

A (Children) (Contact: Ultra-Orthodox Judaism: Transgender Parent) [2020] EWFC 3 (20 January 2020)

Private law children proceedings about contact between a transgender parent and children in an ultra-Orthodox Jewish community. The court did not order direct contact.

• Child contact
• Transgender rights
• Religious freedom
• Article 8 echr
• Article 9 echr
• Article 14 echr

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A (Children) (Contact: Ultra-Orthodox Judaism: Transgender Parent)

Family proceedings about contact between a transgender parent and five children in a Charedi Jewish community, balancing welfare, privacy, and competing rights.

• Child contact
• Transgender rights
• Religious freedom
• Privacy
• Discrimination
• Family-law

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In the matter of M (Children)

Court of Appeal allowed an appeal in private law children proceedings, holding that the judge had not properly applied the paramountcy principle before refusing direct contact.

• Child welfare
• Contact orders
• Religious freedom
• Discrimination
• Transgender rights
• Paramountcy principle

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M (Children), Re

M (Children), Re [2017] EWCA Civ 2164 (20 December 2017)

The Court of Appeal allowed a father's appeal against refusal of direct contact with his children, holding that welfare and the duty to promote contact were not properly applied.

• Child arrangements
• Contact orders
• Transgender rights
• Religious freedom
• Discrimination
• Welfare of the child

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Beneficent Spiritist Center Uniao Do Vegetal v Secretary of State for the Home Department

The High Court refused judicial review of a licence refusal for hoasca tea, finding the interference with Article 9 rights proportionate in light of health, safety, and treaty concerns.

• Article 9 echr
• Religious freedom
• Controlled drugs licensing
• International treaty obligations
• Article-9-echr
• Judicial-review

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Beneficent Spiritist Center Uniao Do Vegetal v Secretary of State for the Home Department

Beneficent Spiritist Center Uniao Do Vegetal v Secretary of State for the Home Department [2017] EWHC 1963 (Admin) (28 June 2017)

Judicial review refused: the court upheld the Secretary of State’s refusal to licence hoasca for religious use, finding the Article 9 interference justified.

• Article 9 echr
• Religious freedom
• Controlled substances
• Licensing
• Proportionality
• International obligations

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Commodore Royal Bahamas Defence Force and others v Laramore

The Privy Council held that requiring a Muslim serviceman to remain on parade during Christian prayers at colours parades hindered his freedom of conscience and was not justified.

• Freedom of conscience
• Religious freedom
• Military discipline
• Constitutional interpretation
• Freedom-of-conscience
• Religious-freedom

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