“… the ECHR a relevant question to ask is whether the different treatment is justified, see for example R(S) v Chief Constable of South Yorkshire [2004] UKHL 39; [2004] 1 WLR 2196 at paragraph 42. There might be evidence about the difference between the regimes in the FTT and SIAC which might explain the different costs regimes. In any e…”
“… other”. Lord Walker observed that that concept had been applied by the House of Lords in R (S) v Chief Constable of the South Yorkshire Police [2004] UKHL 39; [2004] 1 WLR 2196. In Carson, at para. 79, Lord Walker concluded that Mrs Carson was not in a situation sufficiently analogous to that of a pensioner resident in the UK or in a …”
“…aken transfers by agreement are not “rescued”. Those are no more than historic facts: see R (S) v Chief Constable of the South Yorkshire Police [2004] UKHL 39, [2004] 1 WLR 2196 at [50].…”
“…on by the other members of the court, but he returned to the same theme, more briefly, in R (S) v Chief Constable of the South Yorkshire Police [2004] UKHL 39, [2004] 1 WLR 2196, at [4], in a speech with the reasoning of which Lord Rodger of Earlsferry, Lord Carswell and Lord Brown of Eaton-under-Heywood all agreed: see [63], [80] and …”