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England and Wales Case Law

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Constitutional law

Fajr Ellis, R (on the application of) v Secretary of State for Education & Anor

The challenge to the 2016 Regulations was out of time and, even if in time, would fail as the distinction in loan provision for prisoners is justified and proportionate. The general restrictions on access to education in prison were operational, not systemic, and did not breach A2P1 or Article 14. The decision to remove the Claimant's Chromebook was procedurally unfair, failed to consider relevant evidence, and was not justified on the facts, thus unlawful as a matter of domestic public law, but did not amount to a breach of A2P1.

Source excerpt

  • Right to education
  • Prisoners' rights
  • Discrimination
  • Judicial review procedure
  • Student loans
  • Procedural fairness
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Employment law

Mark Wetherell v Student Loans Company Limited

The High Court dismissed an appeal in a student-loans injury claim, holding that the Student Loans Company was not an emanation of the state and the directives were not directly enforceable.

  • Direct effect of eu directives
  • Emanation of the state
  • Implementation of directives
  • Student loans
  • Civil liability for breach of regulations
  • Emanation-of-the-state
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Public law [2023] EWHC 2230 (Admin)

Ellis, R (On the Application Of) v Secretary of State for Education & Anor

Ellis, R (On the Application Of) v Secretary of State for Education & Anor [2023] EWHC 2230 (Admin) (07 September 2023)

Judicial review over prison education access, student loan rules, and a Chromebook restriction. The loan challenge was out of time; the Chromebook decision was unlawful.

  • Right to education
  • Discrimination
  • Prisoner rights
  • Student loans
  • Judicial review procedure
  • Prison-education
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Social security law

IB v Gravesham Borough Council & Anor

The Upper Tribunal held that “reasonable steps” under regulation 64(3) require all personal circumstances to be considered, including sincere religious objections to interest.

  • Housing benefit
  • Student loans
  • Religious discrimination
  • Means testing
  • Interpretation of regulations
  • Housing-benefit
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Contract law [2023] EWHC 1910 (KB)

CCP Graduate School Ltd v Secretary of State for Education

CCP Graduate School Ltd v Secretary of State for Education [2023] EWHC 1910 (KB) (16 June 2023)

The High Court held CCP Graduate School had no real prospect of enforcing student loan contracts under the 1999 Act and that much of its claim was time-barred.

  • Student loans
  • Third party rights
  • Limitation of actions
  • Abuse of process
  • Course designation
  • Summary judgment
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Administrative law [2022] EWHC 1263 (Admin)

Fajr Ellis), R (On the Application Of) v Student Loans Company

Fajr Ellis), R (On the Application Of) v Student Loans Company [2022] EWHC 1263 (Admin) (25 May 2022)

The Administrative Court transferred this judicial review to Leeds, holding that the claim was most closely connected to the North-East because the claimant is imprisoned in Hull and the impact is felt there.

  • Judicial review
  • Venue determination
  • Access to education
  • Discrimination
  • Student loans
  • Prisoner rights
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About this LexChat collection

England and Wales decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.