- Cited — Jazztel Plc v The Commissioners for HMRC 2022-02-25
“… advanced on the earlier 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 ha…”
- Cited — Metropolitan Housing Trust Limited v TM 2021-12-20
“… I accept that there are clear statements that the PSED requires an assessment to be made before a decision is made: R (Elias) v Secretary of State for Defence [2006] EWCA Civ 1293 (“Elias”) at [274] per Arden LJ (“advance consideration … before making any policy decision”), R (C (a minor)) v Secretary of State for Justice[2008] EWCA Civ …”
- Cited — Heskett v Secretary of State for Justice (Rev 1) 2020-11-11
“…s, they must be allocated 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 bei…”
- 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 — Independent Workers Union of Great Britain v The Mayor of London 2020-08-05
“…red in scrutinising the justification advanced by the respondent in this case for the reasons given by Mummery LJ in R (Elias) v Secretary of State for Defence [2006] EWCA Civ 1293, [2006] 1WLR 3213. At [161] Mummery LJ held that:…”
- Cited — Independent Workers Union of Great Britain v The Mayor of London 2020-08-05
“…J that we should reject that approach and adopt the “stringent scrutiny” approach which was set out by Mummery LJ in R (Elias) v Secretary of State for Defence [2006] EWCA Civ 1293; [2006] 1WLR 3213, at [161]. This is particularly because the impact on drivers from black, Asian and other minority ethnic (“BAME”) communities as compared wi…”
- Cited — Simawi v London Borough of Haringey 2019-10-31
“…icy maker at the time 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 justific…”
- Cited — Ward & Ors, R (on the application of) v The London Borough of Hillingdon & Ors 2019-04-16
“…ker at the time when the 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 justifi…”
- 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 antidiscrimination legislation.…”
- Cited — Citizens UK, R (On the Application Of) v Secretary of State for the Home Department 2018-07-31
“…d not accept such a sweeping 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 sc…”