- Cited — The 3Million & Anor, R (on the application of) v Secretary of State for the Home Department & Anor 2023-12-11
“… the Public Sector Equality Duty in section 149 of the Equality Act 2010) the decision of this Court in R (Bracking) v Secretary of State for Work and Pensions [2013] EWCA Civ 1345; [2014] Eq LR 60, at para 25(8) (McCombe LJ). The Judge noted that, in consequence, “a public law body may lawfully undertake actions wholly opposite to what a…”
- Cited — Katie-Leigh Webb-Harnden v London Borough of Waltham Forest 2023-08-22
“…[2013] EWCA Civ 1345,…”
- Cited — THE KING (on the application of Flinn Kays) v SECRETARY OF STATE FOR WORK AND PENSIONS 2022-12-02
“…elied, in particular, upon the summary of principles at paragraph 25 of the judgment of McCombe LJ in R (Bracking) v Secretary of State for the Home Department [2013] EWCA Civ 1345 2014] EqL.R. 60. He submitted that the respondent had failed to demonstrate that she had assessed the risk and extent of any adverse impact. Further, the respo…”
- Cited — Sofia Sheakh (R on the application of) v London Borough of Lambeth Council 2022-04-05
“…[2013] EWCA Civ 1345; [2014] Eq. L.R. 60, Lord Justice McCombe, with whom Lord Justice Kitchin and Lord Justice Elias agreed, collected from the salient authorities “eight principl…”
- Cited — End Violence Against Women Coalition, R (On the Application Of) v Director of Public Prosecutions 2021-03-15
“…The Claimant relies on para 26 of the judgment of McCombe LJ in R (Bracking) v. Secretary of State for Work and Pensions [2013] EWCA (Civ) 1345 for four propositions which are said to derive from section 149 of the 2010 Act about which there was no argument (see the second sentence of para 25 of the ju…”
- Followed — Durand Education Trust, R (On the Application Of) v Secretary of State for Education 2020-12-08
“…aragraph 175 the following principles which, as it noted, were set out in the judgment of McCombe LJ in R (Bracking) v Secretary of State for Work and Pensions [2013] EWCA Civ 1345, [2014] Eq LR 60 and supported by earlier authorities:…”
- Cited — Gathercole v Suffolk County Council 2020-09-09
“…ance as to the operation of the PSED can be found at paragraph 26 of the judgment of McCombe LJ in Bracking & Others v Secretary of State for Work and Pensions [2013] EWCA Civ 1345, [2014] Eq LR 60. At paragraph 26(5) he referred to an earlier decision of this court:…”
- Cited — Bridges, R (On the Application Of) v South Wales Police 2020-08-11
“…out by McCombe LJ in R (Bracking) v Secretary of State for Work and Pensions [2013] EWCA Civ 1345, [2014] Eq LR 60, at [26]. It is unnecessary to set out that passage in full here. It is well known and has frequently been cited with approval since, includin…”
- Cited — Packham, R (on the application of) v High Speed Two (Hs2) Ltd 2020-07-31
“…n paragraphs 36 to 40 of his judgment), including the decisions of this court in R. (on the application of Bracking) v Secretary of State for Work and Pensions [2013] EWCA Civ 1345, R. (on the application of Kohler) v…”
- Cited — Forward v Aldwyck Housing Group Ltd 2019-07-29
“…In Bracking v Secretary of State for Work and Pensions [2013] EWCA Civ 1345, [2014] Eq. L.R. 60, a decision by the Minister for Disabled People to close the Independent Living Fund which provided assistance to disabled persons for whom…”
- Cited — Ward & Ors, R (on the application of) v The London Borough of Hillingdon & Ors 2019-04-16
“…t will involve a duty of inquiry, so that the decision-maker is properly informed before making a decision: Bracking v Secretary of State for Work and Pensions [2013] EWCA Civ 1345 at [26] (8).…”
- Followed — Powell v Dacorum Borough Council 2019-01-24
“…Mr Lee placed emphasis on the summary of the law encapsulated in my own judgment in Bracking v Secretary of State for Work and Pensions [2013] EWCA Civ 1345 at paragraph 26, which he invited us to read in full, as follows:…”
- Applied — The Pharmaceutical Services Negotiating Committee & Anor, R (On the Application Of) v The Secretary of State for Health 2018-08-23
“…d having “due regard”, the Secretary of State erred in not applying the approach commended by this court in Bracking v Secretary of State for Work and Pensions [2013] EWCA Civ 1345. That case concerned the application of the PSED in the context of the closing of a benefits fund, the Independent Living Fund. In that context, at [26], McCom…”
- Cited — Jewish Rights Watch Ltd (t/a Jewish Human Rights Watch), R (On the Application Of) v Leicester City Council 2018-07-03
“…[2013] EWCA Civ 1345…”