Equality before the Law in UK Law

Leading Cases
  • Annissa Webster and Others v Attorney General of Trinidad and Tobago
    • Privy Council
    • 09 Mar 2015

    (1) The situations must be comparable, analogous, or broadly similar, but need not be identical. Any differences between them must be material to the difference in treatment.

  • Alleyne and Others v Attorney General of Trinidad and Tobago
    • Privy Council
    • 21 Jan 2015

    There are no standard rules, but the fact that the injured party has suffered damage will obviously militate in favour of a monetary award. In assessing compensation in such a case, the common law measure of damages will be a useful guide, but no more than a guide (just as an award by the Strasbourg Court will not necessarily be the same as the measure of damages at common law for conduct amounting to a tort).

  • R (Begum) v Governors of Denbigh High School
    • House of Lords
    • 22 Mar 2006

    There is no shift to a merits review, but the intensity of review is greater than was previously appropriate, and greater even than the heightened scrutiny test adopted by the Court of Appeal in R v Ministry of Defence, Ex p Smith [1996] QB 517, 554. The domestic court must now make a value judgment, an evaluation, by reference to the circumstances prevailing at the relevant time ( Wilson v First County Trust Ltd (No 2) [2003] UKHL 40, [2004] 1 AC 816, paras 62-67).

  • R (Elias) v Secretary of State for Defence
    • Court of Appeal (Civil Division)
    • 10 Oct 2006

    It is the clear purpose of section 71 to require public bodies to whom that provision applies to give advance consideration to issues of race discrimination before making any policy decision that may be affected by them. This is a salutary requirement, and this provision must be seen as an integral and important part of the mechanisms for ensuring the fulfilment of the aims of anti-discrimination legislation.

  • R (Carson) v Secretary of State for Work and Pensions
    • House of Lords
    • 26 May 2005

    There may be such an obvious, relevant difference between the claimant and those with whom he seeks to compare himself that their situations cannot be regarded as analogous. Then the court's scrutiny may best be directed at considering whether the differentiation has a legitimate aim and whether the means chosen to achieve the aim is appropriate and not disproportionate in its adverse impact.

  • R (Association of British Civilian Internees Far Eastern Region) v Secretary of State for Defence
    • Court of Appeal (Civil Division)
    • 03 Apr 2003

    In our judgment, whether the question is considered in Wednesbury terms, or on an application of a free-standing principle that like cases should be treated alike unless there is a valid reason for treating them differently, the complaint in the present case must be rejected. We have already given our reasons for concluding that the decision to exclude those who did not satisfy the birth criteria was not unreasonable in the Wednesbury sense.

  • Roodal v State of Trinidad and Tobago
    • Privy Council
    • 20 Nov 2003

    Initially, the American Declaration of the Rights and Duties of Man (1948) was not viewed as creating legal duties. The Declaration contains a guarantee in article XXVI against cruel, infamous or unusual punishment.

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Legislation
  • Higher Education and Research Act 2017
    • England & Wales
    • January 01, 2017
    ...... (e) (e) the need to promote equality of opportunity in connection with access to and participation in higher ... Registration procedure 4 Registration procedure . . (1) Before refusing an application to register an institution, the OfS must notify ......
  • The Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013
    • UK Non-devolved
    • January 01, 2013
    ...... Made 28th May 2013 . Laid before Parliament 31th May 2013 . . The Secretary of State, in exercise of the ... “Commission for Equality and Human Rights” means the body established under section 1 of the ......
  • Marriage (Same Sex Couples) Act 2013
    • UK Non-devolved
    • January 01, 2013
    ...... . (5) In section 110 of the Equality Act 2010 (liability of employees and agents), after subsection (5) ... . . (c) as to consents required before an application for registration may be made (including such provision ......
  • Equality Act 2010
    • UK Non-devolved
    • January 01, 2010
    ...... of section 1 or referred to in subsection   (4) . of that section. . (7) Before making regulations under this section, the Scottish Ministers or the Welsh Ministers must consult a Minister of the Crown. . (8) Regulations under ......
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Books & Journal Articles
  • Equality: A Fundamental Right in the European Union?
    • Nbr. 10-1, March 2009
    • International Journal of Discrimination and the Law
    This article analyses the development of a fundamental right to equal treatment or to non-discrimination within the EU legal order through a study of the general principles of Community law, the Ch...
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  • Reframing the Universalist Republic
    • Nbr. 24-4, December 2015
    • Social & Legal Studies
    France’s official republican doctrines preclude public recognition of legal pluralism, whether in the guise of legislative plurality or customary and religious legal orders. This unusually emphatic...
    ...... translates primarily as a formalistic understanding of equality before the ......
  • ‘As Nearly as May be’: Debating Women’s Human Rights in Pakistan
    • Nbr. 14-3, September 2005
    • Social & Legal Studies
    Tensions between the constitutional commitment to equality and the politicization of Islam create conflicting claims for Pakistan’s legal system. These claims have f...
    ......;-moz-font-feature-settings:"liga" 0;}.t:after{content:'';}.t:before{content:'';display:inline-block;}.t ... A BSTRACT Tensions between the constitutional commitment to equality and the politicization of Islam create conflicting claims for ......
  • Interpreting the Contours of Self-Defence within the Boundaries of the Rule of Law, the Common Law and Human Rights
    • Nbr. 79-5, October 2015
    • Journal of Criminal Law, The
    The Crime and Courts Act 2013 has amended s. 76 of the Criminal Justice and Immigration Act 2008 on the amount of force a person can use in self-defence. The amended provision poses a dilemma for t...
    ......;-moz-font-feature-settings:"liga" 0;}.t:after{content:'';}.t:before{content:'';display:inline-block;}.t ... to comply with the rule of law, incorporating the idea of equality before the law and legality. The courts should respect the traditional ......
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Law Firm Commentaries
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