- Followed — Re A (Parental Responsibility) 2023-06-16
“…‘158 Nevertheless, it is appropriate that the approach which this court has adopted since Humphreys [2012] 1 WLR 1545 should be modified in order to reflect the nuanced nature of the judgment which is required, following the jurisprudence of the European court. In the light of…”
- Followed — CN (R on the application of) v The Secretary of State for Health and Social Care 2022-02-04
“…[2012] 1 WLR 1545 should be modified in order to reflect the nuanced nature of the judgment which is required, following the jurisprudence of the European court. In the light of…”
- Cited — Delve & Anor, R (On the Application Of) v The Secretary of State for Work And Pensions 2020-09-15
“…[2012] UKSC 18, [2012] 1 WLR 1545 at [19] when she said that “the normal strict test for justification of sex discrimination in the enjoyment of Convention rights gives way to the ‘manifestly w…”
- Cited — TD & Ors, R (On the Application Of) v Secretary of State for Work And Pensions 2020-05-12
“…“… there was—and there still remains—clear authority both in the Humphreys case [2012] 1 WLR 1545 and in the bedroom tax case [2016] 1 WLR 4550 for the proposition that, in any rate in relation to the Government’s need to justify what would otherwise be a d…”
- Cited — Drexler, R (On the Application Of) v Leicestershire County Council 2020-04-07
“…h discrimination in the context of welfare benefits only. In that category can be placed the decisions of the Supreme Court in Humphreys v HMRC [2012] UKSC 18; [2012] 1 WLR 1545; R (SG) v Secretary of State for Work and Pensions [2015] UKSC 16; [2015] 1 WLR 1449; R (MA) v Secretary of State for Work and Pensions [2016] UKSC 58; [2016] …”
- Cited — Langford v The Secretary of State for Defence 2019-07-17
“…[2012] 1 WLR 1545 and in the bedroom tax case [2016] 1…”
- Explained — SC & Ors, R (on the application of) v The Secretary of State for Work And Pensions & Ors 2019-04-16
“…ief and separately through social security benefits. As explained by Baroness Hale of Richmond in Humphreys v Revenue and Customs Commissioners [2012] UKSC 18; [2012] 1 WLR 1545, para 4:…”
- Applied — SC & Ors, R (on the application of) v The Secretary of State for Work And Pensions & Ors 2019-04-16
“…The “manifestly without reasonable foundation” test was adopted by the UK Supreme Court in Humphreys v Revenue and Customs Commissioners [2012] UKSC 18; [2012] 1 WLR 1545, paras 15-20, and has been applied in many subsequent domestic cases. It was specifically affirmed by the Supreme Court in R (MA) v Secretary of State for Work…”
- Cited — Worley v The Secretary of State for Works And Pensions 2019-01-30
“…des that the justification advanced by the Secretary of State is “manifestly without reasonable foundation” (see, for example Baroness Hale in Humphreys v HMRC [2012] 1 WLR 1545 at 1552 and…”
- Applied — JT v First-Tier Tribunal 2018-07-24
“…eciation afforded to national authorities by an international court, the UK Supreme Court held in Humphreys v Revenue and Customs Commissioners [2012] UKSC 18; [2012] 1 WLR 1545, paras 15-20, that the “manifestly without reasonable foundation” test is also the test to be applied by a UK domestic court when examining a justification adv…”
- Cited — JT v First-Tier Tribunal 2018-07-24
“…question should escape careful scrutiny. “On analysis it may indeed lack a reasonable basis”: see Humphreys v Revenue and Customs Commissioners [2012] UKSC 18; [2012] 1 WLR 1545, para 22 (Baroness Hale). Nor can this displace the fundamental principle that ultimately it is for the court to decide whether or not there has been a breach …”
- Cited — A & Anor. v Criminal Injuries Compensation Authority & Anor. 2018-07-03
“…See too, Humphreys v Revenue and Customs Comrs [2012] UKSC 18; [2012] 1 WLR 1545, at [15] et seq.…”
- Followed — DA & Orss, R (On the Application Of) v The Secretary of State for Work and Pensions 2018-03-15
“…en followed by the Supreme Court in the context of a sex discrimination claim with respect to welfare benefits in Humphreys v Revenue and Customs Commissioners [2012] 1 WLR 1545, the scrutiny of proportionality in a case such as this is not intensive. The relevant test when general measures of economic or social strategy are under cons…”