- Cited — Harry Miller (R on the application of) v The College of Policing 2021-12-20
“…The decisions in R (Miller / Cherry) v Prime Minister and R (UNISON) v Lord Chancellor[2017] UKSC 51, [2017] 3 WLR 409 on which reliance is placed, take Mr Miller’s argument no further in this connection. Miller/Cherry was an exceptional case on its facts, concerning Parliament…”
- Cited — VIP Communications Ltd (In Liquidation), R (On the Application Of) v The Secretary of State for the Home Department 2020-11-20
“…[2017] 3 WLR 409…”
- Considered — FB (Afghanistan) & Anor, R (On the Application Of) v The Secretary of State for the Home Department 2020-10-21
“…ning the rule of law, was recently considered by Lord Reed JSC (with whom the rest of the Supreme Court agreed) in R (UNISON) v Lord Chancellor [2017] UKSC 51; [2017] 3 WLR 409 at [68]:…”
- Cited — FB (Afghanistan) & Anor, R (On the Application Of) v The Secretary of State for the Home Department 2020-10-21
“…R (UNISON) v Lord Chancellor [2017] UKSC 51; [2017] 3 WLR 409 concerned fees introduced by statutory instrument which had the effect of dramatically reducing the number of claims issued in the Employment Tribunal. The Sup…”
- Cited — Independent Workers Union of Great Britain v The Mayor of London 2020-08-05
“…Mr Collins criticises the underlined sentence. He relies on Baroness Hale’s statement in R (UNISON v Lord Chancellor [2017] UKSC 51, [2017] 3 WLR 409 at [126], that in relation to indirect discrimination, “it is the PCP itself which requires to be justified, rather than its discriminatory effect” and submits…”
- Cited — Locke, R. (On the Application of) v Revenue And Customs 2019-11-07
“…ntended the regime only to be applicable in a limited number of cases. Newey LJ also referred to the statement of Lord Reed JSC in R (Unison) v Lord Chancellor [2017] 3 WLR 409 at [80] that:…”
- Applied — Kearney v Hampshire Police 2019-10-31
“…e Convention and ss.3 and/or 6 of the Human Rights Act 1998. Mr Rule relies on the judgment of the Supreme Court in R (UNISON) v LordChancellor [2017] UKSC 51, [2017] 3 WLR 409, especially at paragraphs 76-85, and submits the right of access to justice applies to appeal rights, particularly where a first instance decision is made with…”
- Cited — Somerset Constabulary v Gray 2019-10-11
“…In R(Unison) v Lord Chancellor [2017] UKSC 51, [2017] 3 WLR 409, the Supreme Court addressed the principles by which a court might properly conclude that a fee regime unlawfully restricts the constitutional right of access …”
- Cited — BF (Eritrea) v Secretary of State for the Home Department 2019-05-23
“… Aid Casework [2016] EWCA Civ 464, [2016] 1 WLR 4733, but he also referred to the decision of the Supreme Court in R (UNISON) v Lord Chancellor [2017] UKSC 51, [2017] 3 WLR 409, and it was on the latter that he principally relied in his oral submissions. That case concerned a challenge to the lawfulness of a Fees Order made by the Lor…”
- Cited — Haworth, R (On the Application Of) v Revenue And Customs 2019-05-01
“… only such a degree of intrusion as is reasonably necessary to fulfil the objective of the provision in question” (R (UNISON) v Lord Chancellor [2017] UKSC 51, [2017] 3 WLR 409, at paragraphs 66, 78 and 80, per Lord Reed). Since receipt of a follower notice may deter a taxpayer from resort to the FTT, this principle provides a further…”
- Followed — Haworth, R (On the Application Of) v Revenue And Customs 2019-05-01
“…mscribed, not least – amongst other reasons – because of their impact on access to the courts and the rule of law: R (Unison) v Lord Chancellor [2017] UKSC 51; [2017] 3 WLR 409, at [66] and following, per Lord Reed JSC (as he then was). The interpretation of ss. 204 and 205 of the FA 2014 set out by Newey LJ, serves to confine the exe…”
- Cited — Butt, R (On the Application Of) v The Secretary of State for the Home Department 2019-03-08
“…51, [2017] 3 WLR 409, that, so far as concerns Dr Butt’s common law rights, the point here is not one of proving a historic breach within section 7(1) of the HRA. As Mr Bowen put i…”
- Cited — Faqiri, R (On the Application Of) v The Secretary of State for the Home Department 2019-02-18
“…(UNISON) v Lord Chancellor [2017] UKSC 51; [2017] 3 WLR 409. In circumstances as here, the Appellant’s right to pursue an appeal was dependent upon a prior application for judicial review of a refusal of permission to a…”
- Cited — ZN (Afghanistan) & Anor v Secretary of State for the Home Department 2018-05-11
“…ortance of access to justice more eloquently than the way it was put in the Supreme Court in R (on the application of UNISON) v Lord Chancellor [2017] UKSC 51; [2017] 3 WLR 409. At para. 66, Lord Reed JSC said:…”
- Cited — Secretary of State for Business, Energy and Industrial Strategy v Parry & Anor 2018-03-28
“…to accompany the form with a tribunal fee or a remission application. It was introduced before the decision of the Supreme Court in R(UNISON) v Lord Chancellor [2017] 3 WLR 409.]…”