Heading

ON APPEAL FROM THE HIGH COURT OF JUSTICE
KING’S BENCH DIVISION
Mr Justice Jay
Before :
LORD JUSTICE UNDERHILL
(Vice-President of the Court of Appeal (Civil Division))
LORD JUSTICE NEWEY
and
LADY JUSTICE WHIPPLE
Between:
GWLADYS FERTRÉ | Appellant |
- and - | |
VALE OF WHITE HORSE DISTRICT COUNCIL -and- (1) THE3MILLION LTD (2) SECRETARY OF STATE FOR HOUSING. COMMUNITIES AND LOCAL GOVERNMENT (3) INDEPENDENT MONITORING AUTHORITY FOR THE CITIZENS’ RIGHTS AGREEMENTS (4) SHELTER, THE NATIONAL CAMPAIGN FOR HOMELESS PEOPLE LTD (5) THE AIRE CENTRE | Respondent Interveners |
Simon Cox and Hannah Smith (instructed by Turpin Miller LLP) for the Appellant
Catherine Rowlands (instructed by Legal Services on behalf of the Vale of White Horse District Council) for the Respondent
Tom Royston and Charles Bishop (instructed by Public Law Project) for the Intervener (1)
Julia Smyth KC, James Cornwell and Zoe Gannon (instructed by Government Legal Department) for the Intervener (2)
Galina Ward KC and Yaaser Vanderman (instructed by Independent Monitoring Authority for theCitizens’ Rights Agreements) for the Intervener (3)
Adrian Berry KC and Desmond Rutledge (instructed by Freshfields LLP)
for the Intervener (4)
Jamie Burton KC and Clíodhna Kelleher (instructed by Allen Overy Shearman Sterling LLP) for the Intervener (5)
Hearing dates: 14, 15 and 16 May 2025
Approved Judgment
This judgment was handed down remotely at 10.30am on [31 July 2025] by circulation to the parties or their representatives by e-mail and by release to the National Archives.
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- Heading
- Lady Justice Whipple INTRODUCTION
- BACKGROUND
- The EU Settlement Scheme
- Housing Assistance
- LEGAL FRAMEWORK
- Rights of Residence under EU law
- The Withdrawal Agreement
- “ Article 10 Personal scope
- “ Article 13 Residence rights
- “ Article 15 Right of permanent residence
- “ Article 18 Issuance of residence documents
- “ Article 23 Equal treatment
- THE JUDGMENT BELOW
- THE ISSUES
- GROUND 1 Approach to Interpretation of the Withdrawal Agreement
- ‘ Article 31
- Article 32
- Purpose of the Withdrawal Agreement
- Article 13
- Article 18
- Article 23
- Ancillary Points on Ground 1
- Conclusion on Ground 1
- Reference to CJEU
- GROUND 2
- Conclusions
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