- Cited — James Churchill v Merthyr Tydfil County Borough Council 2023-11-29
“…authorising only such a degree of intrusion as is reasonably necessary to fulfil the objective of the provision in question” (see R (UNISON) v. Lord Chancellor [2017] UKSC 51, [2020] AC 869 at [80] (UNISON)).…”
- Cited — Boris Mints & Ors v PJSC National Bank Trust & Anor 2023-10-06
“…he court doors is to pursue a purpose which finishes in a judgment as made clear in later cases including R (UNISON) v Lord Chancellor (Nos 1 and 2) (“UNISON”) [2017] UKSC 51; [2020] AC 869. The judge said at [108] that this conclusion was in line with the Article 6 authorities which are more explicit such as Kutić v Croatia referri…”
- Cited — SPM (R on the application of) v Secretary Of State For The Home Department 2023-07-04
“… SSHD created a real risk that persons will effectively be prevented from having access to justice (R (UNISON) v Lord Chancellor (EHRC intervening) Nos 1 and 2 [2017] UKSC 51, [2020] AC 869 per Lord Reed JSC at [87]).…”
- Cited — Município de Mariana v BHP Group (UK) Ltd & Anor. 2022-07-08
“…pect of properly arguable claims is a core constitutional right inherent in the rule of law (see for example R (on the application of Unison) v Lord Chancellor [2017] UKSC 51, [2020] AC 869,at paras. [61]-[85]), as well as being enshrined in article 6 (see for example Summers v Fairclough Homes Ltd [2012] UKSC 26, [2012] 1 WLR 2004 …”
- 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, con…”
- Cited — Jersey Choice Limited v Her Majesty's Treasury 2021-12-17
“…ging endorsement by the Supreme Court more recently in R (UNISON) v Lord Chancellor (Equality and Human Rights Commission and another intervening) (Nos 1 and 2)[2017] UKSC 51 at paragraphs [66ff]. There the Court emphasised that the right of access to a court was a “constitutional” right, reflected in Chapter 40 of Magna Carta 1215,…”
- Cited — Kaitey (R on the application of) v Secretary of State for the Home Department 2021-12-10
“… legitimate aim of the interference: in substance, a requirement of proportionality. Similar observations were made by Lord Reed in R (UNISON) v Lord Chancellor[2017] UKSC 51; [2020] AC 869, at paras. 80-89.…”
- Cited — Nuffield Health v London Borough of Merton 2021-05-28
“…e the Supreme Court, in the different context of whether fees for claims in the employment tribunals were reasonably affordable, in R(Unison) v Lord Chancellor [2017] UKSC 51, [2020] AC 869. Merton adduced some evidence as to local demographics and ranges of income levels, but the judge found, reasonably in my view, that without fur…”
- Cited — Mujahid, R (On the Application Of) v First Tier Tribunal (Immigration and Asylum Chamber) 2021-03-31
“…The Appellant submits, relying on Saleem v Secretary of State for Home Department [2000] EWCA Civ 186 and UNISON v Lord Chancellor [2017] UKSC 51 at [80], that the UT gave no consideration to the constitutional right of access to justice; and that, if it had done so, if should have concluded that a right…”
- Cited — Project for the Registration of Children as British Citizens & Anor, R (On the Application Of) v Secretary of State for the Home Department (Rev 1) 2021-02-18
“…(UNISON) v Lord Chancellor [2017] UKSC 51, [2020] AC 869(Unison). Permission to appeal to this court was subsequently granted by Phillips LJ.…”
- Cited — VIP Communications Ltd (In Liquidation), R (On the Application Of) v The Secretary of State for the Home Department 2020-11-20
“…[2017] UKSC 51…”
- Considered — FB (Afghanistan) & Anor, R (On the Application Of) v The Secretary of State for the Home Department 2020-10-21
“…stice in maintaining 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…”
- 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 e…”
- Cited — 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
“…appellate court, for instance because it is more current than that before the first instance judge: see e.g. R (on the application of Unison) v Lord Chancellor [2017] UKSC 51. This does not, however, arise on this appeal and the task of this court is therefore to decide only whether the Judge’s analysis withstands scrutiny.…”
- Cited — Arkin v Marshall 2020-05-11
“…The UK Supreme Court made it clear in R (Unison) v. Lord Chancellor [2017] UKSC 51, [2017] ICR 1037,that a piece of delegated legislation would be ultra vires if there were “a real risk that persons will effectively be prevented from having a…”
- Applied — Kearney v Hampshire Police 2019-10-31
“… Article 6 of the 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 dec…”
- 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 constitutiona…”
- Cited — MacKenzie v The University of Cambridge (Rev 1) 2019-06-20
“… speech of Lord Shaw in Butler v Fife Coal Co Ltd [1912] AC 149 (see pp. 178-9) and to the recent decision of the Supreme Court in R (UNISON) v Lord Chancellor [2017] UKSC 51, [2017] ICR 1037. But he said that it was also clear from the Strasbourg case-law that the absence of the means of enforcing a Court order, and specifically an…”
- Cited — BF (Eritrea) v Secretary of State for the Home Department 2019-05-23
“…irector of Legal 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 Ord…”
- Cited — Siddiqui, R (On the Application Of) v Lord Chancellor & Ors 2019-05-10
“…He also relies on the common law right of access to justice, as discussed in a number of recent cases, above all R (Unison) v Lord Chancellor [2017] UKSC 51, the successful challenge to the imposition of application fees for access to employment tribunals, particularly the passage in the judgment of Lord Reed at pa…”
- Cited — Haworth, R (On the Application Of) v Revenue And Customs 2019-05-01
“…d as authorising 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 …”
- Followed — Haworth, R (On the Application Of) v Revenue And Customs 2019-05-01
“… carefully circumscribed, 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 …”
- 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 …”
- Cited — J v K & Anor 2019-01-22
“…abilities. He also referred to the common law right of effective access to justice, most recently affirmed by the Supreme Court in R (Unison) v Lord Chancellor [2017] UKSC 51, [2017] ICR 1037. Mr Line likewise referred to most of the same materials, and also to the terms of the over-riding objective as stated at rule 2A of the 1993 …”
- Cited — Brierley & Ors v ASDA Stores Ltd 2019-01-17
“…at would have been payable if each claimant issued an individual form. The decision of the Supreme Court in R (UNISON) v Lord Chancellor given on 26 July 2017 ([2017] UKSC 51) held the fees regime to be unlawful, but this occurred after the decisions under appeal.…”
- Cited — ZN (Afghanistan) & Anor v Secretary of State for the Home Department 2018-05-11
“… express the importance 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:…”