- Followed — SHARON GREEN v THE COMMISSIONER OF POLICE OF THE METROPOLIS 2022-12-21
“… necessary to refer to the first which he describes as the “Basic Four-Stage Proportionality Discipline”, a description which he says comes from In re Brewster [2017] UKSC 8, [2017] 1 WLR 51 at [66] citing an Article 8 case, (Quila) and is as follows:…”
- Cited — The Motherhood Plan (R on the application of) v HM Treasury 2021-11-24
“…shed 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.…”
- Followed — TD & Ors, R (On the Application Of) v Secretary of State for Work And Pensions 2020-05-12
“…t of the issue of justification. This is the point to which the Judge made reference at para. 65 of her judgment, where she quoted Lord Kerr JSC in Re Brewster [2017] UKSC 8; [2017] 1 WLR 519, at para. 64. That passage included the following:…”
- Considered — Simawi v London Borough of Haringey 2019-10-31
“…rospective justification, the court will not have had the benefit of the considered decision of the policy maker. Thus, as Lord Kerr pointed out in Re Brewster [2017] UKSC 8; [2017] 1 W.L.R. 519 at [52]:…”
- Applied — Langford v The Secretary of State for Defence 2019-07-17
“…st day of the period for applying for permission, she notified the UT of her wish to appeal on the basis of the decision of the Supreme Court in In re Brewster [2017] UKSC 8 and she sought time to obtain legal advice. The UT was satisfied that she had acted sufficiently promptly, following the handing down of the Supreme Court’s ju…”
- Cited — Langford v The Secretary of State for Defence 2019-07-17
“…domestic proportionality test as required by Supreme Court authority, including Brewster v Northern Ireland Local Government Officers’ Superannuation Committee [2017] UKSC 8, [2017] 1 WLR 519 (‘Ground 2’).…”
- Cited — SC & Ors, R (on the application of) v The Secretary of State for Work And Pensions & Ors 2019-04-16
“… status (see R (Tigere) v Secretary of State for Business, Innovation and Skills [2015] UKSC 57; [2015] 1 WLR 3820), and being a co-habitee (see In Re Brewster [2017] UKSC 8; [2017] 1 WLR 519). On the other hand, in Sanneh v Secretary of State for Work and Pensions [2017] UKSC 73; [2017] 3 WLR 1486 the Supreme Court held that being…”
- Cited — SC & Ors, R (on the application of) v The Secretary of State for Work And Pensions & Ors 2019-04-16
“…; see also paras 26, 37, 91; R (Tigere) v Secretary of State for Business, Innovation and Skills [2015] UKSC 57; [2015] 1 WLR 3820, para 32; and In Re Brewster [2017] UKSC 8; [2017] 1 WLR 519, paras 50-52.…”
- Considered — Ward & Ors, R (on the application of) v The London Borough of Hillingdon & Ors 2019-04-16
“…post facto justification, the court will not have had the benefit of the considered decision of the policy maker. Thus, as Lord Kerr pointed out in Re Brewster [2017] UKSC 8, [2017] 1 WLR 519 at [52]:…”
- Cited — JT v First-Tier Tribunal 2018-07-24
“…from particularly severe disabilities which required lengthy in-patient hospital treatment (see the Mathieson case), and being a co-habitee (see In Re Brewster [2017] UKSC 8; [2017] 1 WLR 519). On the other hand, in Sanneh v Secretary of State for Work and Pensions [2017] UKSC 73; [2017] 3 WLR 1486 the Supreme Court held that being…”
- Cited — DA & Orss, R (On the Application Of) v The Secretary of State for Work and Pensions 2018-03-15
“…r a greater scrutiny than would be appropriate if they could be shown to have influenced the mind of the decision maker”, as Lord Kerr put it in In re Brewster [2017] UKSC 8; [2017]1 WLR 519 para.52. That is not to say, however, that the courts will not pay due respect to retrospective judgments. Moreover, the point seems to me to …”