Formal Education in UK Law

Leading Cases
  • R Hurley and Moore v Secretary of State for Business Innovation & Skills
    • Queen's Bench Division (Administrative Court)
    • 17 Feb 2012,17 Feb 2012

    The concept of "due regard" requires the court to ensure that there has been a proper and conscientious focus on the statutory criteria, but if that is done, the court cannot interfere with the decision simply because it would have given greater weight to the equality implications of the decision than did the decision maker.

  • Commissioners of Inland Revenue v McMullen
    • House of Lords
    • 06 Mar 1980

    I am far from suggesting either that the concept of education or of physical education even for the young is capable of indefinite extension. On the contrary, I do not think that the courts have as yet explored the extent to which elements of organisation, instruction, or the disciplined inculcation of information instruction or skill may limit the whole concept of education. I believe that in some ways it will prove more extensive, in others more restrictive than has been thought hitherto.

  • Ali v Head and Governors of Lord Grey School
    • House of Lords
    • 22 Mar 2006

    There is no Convention guarantee of education at or by a particular institution. The test, as always under the Convention, is a highly pragmatic one, to be applied to the specific facts of the case: have the authorities of the state acted so as to deny to a pupil effective access to such educational facilities as the state provides for such pupils?

  • EA (Section 85 (4))
    • Asylum and Immigration Tribunal
    • 30 Ene 2007

    The correct interpretation of s85(4) is perhaps best indicated by saying that the appellant cannot succeed by showing that he would be granted leave if he made an application on the date of the hearing: he can succeed only by showing that he would be granted leave if he made, on the date of the hearing, the same application as that which resulted in the decision under appeal.

  • R (Baker) v Secretary of State for Communities and Local Government
    • Queen's Bench Division (Administrative Court)
    • 26 Set 2007

    The correct approach, which is the one, it seems to me, the inspector follows, is simply that it is for the applicant to establish very special circumstances that override Green Belt considerations. A need to be on or near a particular site may be one of such very special circumstance.

  • Raju and Others v Secretary of State for the Home Department
    • Court of Appeal
    • 25 Jun 2013

    An application is made when paragraph 34G says it is made. The Secretary of State at the date of her decision assesses the evidence which determines whether the applicant for leave to remain as a Tier 1 (Post-Study work) Migrant has accumulated 75 points. Whether that evidence was assessed by the Secretary of State, or even later, by a tribunal, these applicants could not score 75 points because they had made their applications before they had obtained their qualifications.

  • Ojutiku v Manpower Services Commission
    • Court of Appeal
    • 26 May 1982

    In Steel v. Union of Post Office Workers, the point under consideration involved the corresponding provisions, in the same terms, of the Sex Discrimination Act 1975. It seems to me that the Employment Appeal Tribunal in that case put something of a gloss on the word "justifiable" by suggesting that it was equivalent, or close to having the same meaning as "necessary".

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