- Cited — Lisa Smith v Secretary of State for Levelling Up, Housing & Communities & Anor. 2022-10-31
“…o be whether the policy choice is “manifestly without reasonable foundation” (see JD and A). In other cases, such as R (Elias) v Secretary of State for Defence [2006] 1 WLR 3213, the court has spoken of the need to make “a stringent assessment of the justification advanced”.…”
- Cited — Jazztel Plc v The Commissioners for HMRC 2022-02-25
“…er occasion and a case in which the legal issue was entirely different: see, by way of example, R (Elias) v Secretary of State for Defence[2006] EWCA Civ 1293, [2006] 1 WLR 3213. In that case, there had been an earlier decision of the Court of Appeal in which a challenge to the very same scheme now under challenge had been rejected: se…”
- Cited — Heskett v Secretary of State for Justice (Rev 1) 2020-11-11
“…ted in a way which limits any discriminatory impact as much as possible: see for a recent example [Secretary of State for Defence v Elias [2006] EWCA Civ 1293, [2006] 1 WLR 3213]. This in our view is the explanation of the Schönheitcase. Usually, however, the issue of costs may become material when an employer is being asked to put rig…”
- Cited — Bridges, R (On the Application Of) v South Wales Police 2020-08-11
“…The importance of the PSED was emphasised in R (Elias) v Secretary of State for Defence [2006] EWCA Civ 1293, [2006] 1 WLR 3213, at [274], where Arden LJ (as she then was) said:…”
- Cited — Simawi v London Borough of Haringey 2019-10-31
“…when it was introduced. It is open to a policy maker to advance a retrospective justification: R (Elias) v Secretary of State for Defence [2006] EWCA Civ 1293, [2006] 1 WLR 3213 at [129]; Seldon v Clarkson Wright & Jakes [2012] UKSC 16; [2012] ICR 716 at [59] and [76]. However, in the case of a retrospective justification, the court wi…”
- Cited — Ward & Ors, R (on the application of) v The London Borough of Hillingdon & Ors 2019-04-16
“…he PCP was introduced. It is open to a policy maker to advance an ex post facto justification: R (Elias) v Secretary of State for Defence [2006] EWCA Civ 1293, [2006] 1 WLR 3213 at [129]; Seldon v Clarkson Wright & Jakes [2012] UKSC 16, [2012] ICR 716 at [59] and [76]. However, in the case of an ex post facto justification, the court w…”
- Cited — Powell v Dacorum Borough Council 2019-01-24
“…(1) As stated by Arden LJ in R (Elias) v Secretary of State for Defence [2006] 1 WLR 3213; [2006] EWCA Civ 1293 at [274], equality duties are an integral and important part of the mechanisms for ensuring the fulfilment of the aims of antidiscriminat…”
- Cited — Citizens UK, R (On the Application Of) v Secretary of State for the Home Department 2018-07-31
“…eeping proposition of law. The point can be tested by reference to the facts of a case such as R (Elias) v Secretary of State for Defence [2006] EWCA Civ 1293; [2006] 1 WLR 3213, which concerned an ex gratia compensation scheme for civilians who had been interned by the Japanese during World War II. That ex gratia scheme of compensatio…”
- Cited — Air Products Plc v Cockram 2018-03-02
“…irect discrimination (Schönheit v Stadt Frankfurt am Main, Joined Cases C-4/02 and C-5/02, [2004] IRLR 983; see also R (Elias) v Secretary of State for Defence [2006] 1 WLR 3213), that the aim need not have been articulated or even realised at the time when the measure was first adopted. It can be an ex post facto rationalisation. The …”