- Cited — The Motherhood Plan (R on the application of) v HM Treasury 2021-11-24
“…d was ex post facto in nature. It is well established that an ex post facto justification requires particular scrutiny: Belfast City Council v Miss Behavin’ Ltd[2007] UKHL 19, [2007] 1 WLR 1420, In re Brewster[2017] UKSC 8, [2017] 1 WLR 519.…”
- Considered — WA (Palestinian Territories), R (On the Application Of) v The Secretary of State for the Home Department 2021-01-13
“…had been violated. It was not a question of reviewing whether the Home Secretary had properly considered those rights: Belfast City Council v Miss Behavin’ Ltd [2007] UKHL 19, [2007] 1 WLR 1420.…”
- Cited — Durand Education Trust, R (On the Application Of) v Secretary of State for Education 2020-12-08
“…decision-maker’s views may be affected by the extent to which it can be seen to have made an informed choice. Thus, in Belfast City Council v Miss Behavin’ Ltd [2007] UKHL 19, [2007] 1 WLR 1420, Baroness Hale said at paragraph 37:…”
- Applied — Friends of Antique Cultural Treasures Ltd, R (on the application of) v The Secretary of State for the Department of Environment, Food & Rural Affairs 2020-05-18
“… the Convention the proportionality of a measure when measured against fundamental rights is “a matter for the court”: Belfast City Council v Miss Behavin’ Ltd [2007] UKHL 19 at paragraph [88] applying R (SB) v The Governors of Denbigh High School [2006]2 WLR 719 (Denbigh). In that latter case Lord Bingham observed:…”
- Cited — AR & SXC, R (On the Application Of) v Secretary of State for Work and Pensions 2020-01-29
“…t he fell into the error of thinking that there was a “process” error by the Secretary of State: cf. decisions such as Belfast City Council v Miss Behavin’ Ltd [2007] UKHL 19; [2007] 1 WLR 1420, para. 44 (Lord Mance JSC). He was well aware that the issue under Article 14 is whether the outcome is lawful or unlawful and is not simply…”
- Cited — Dulgheriu & Anor v The London Borough of Ealing 2019-08-21
“…’s ECHR rights have been infringed: R (SB) v Governors of Denbigh High School [2006] UKHL 15, [2007] 1 AC 100 at [29]; Belfast City Council v Miss Behavin’ Ltd [2007] UKHL 19, [2007] 1 WLR 1420, at [31], [37].…”
- Considered — SC & Ors, R (on the application of) v The Secretary of State for Work And Pensions & Ors 2019-04-16
“…self, giving due weight to such judgments as were made by the primary decisionmaker on matters he or it did consider”: Belfast City Council v Miss Behavin' Ltd [2007] UKHL 19; [2007] 1 WLR 1420, para 47 (Lord Mance); see also paras 26, 37, 91; R (Tigere) v Secretary of State for Business, Innovation and Skills [2015] UKSC 57; [2015]…”
- Cited — SC & Ors, R (on the application of) v The Secretary of State for Work And Pensions & Ors 2019-04-16
“…[2007] UKHL 19; [2007] 1 WLR 1420 and other authorities and not, I would respectfully suggest, because of a procedural rule found in an international treaty which is not part…”
- Considered — JT v First-Tier Tribunal 2018-07-24
“…elf, giving due weight to such judgments as were made by the primary decision-maker on matters he or it did consider”: Belfast City Council v Miss Behavin' Ltd [2007] UKHL 19; [2007] 1 WLR 1420, para 47; see also paras 26, 37, 91; the Tigere case, para 32; and In Re Brewster, paras 50-52.…”
- Cited — The Secretary of State for Work And Pensions v Carmichael & Anor 2018-03-20
“…[2007] UKHL 19…”