GROUND 5 – IS THE PCP A PROPORTIONATE MEANS OF ACHIEVING A LEGITIMATE AIM
GROUND 5 – IS THE PCP A PROPORTIONATE MEANS OF ACHIEVING A LEGITIMATE AIM
For the reasons given above, the appellant has not established that the respondent is applying a PCP which puts women generally, or women with a child or children, at a particular disadvantage. In those circumstances, the question of whether the respondent has shown that the PCP is a proportionate means of achieving a legitimate aim does not arise for decision.
- Heading
- LORD JUSTICE LEWIS
- THE LEGAL FRAMEWORK
- The 2010 Act
- THE FACTUAL BACKGROUND
- The Acceptance of a duty under Section 193(2) of the 1996 Act
- The Request for a Transfer and the Database
- The request for a review and subsequent events
- The Claim for Judicial Review
- The judgment
- THE APPEAL
- GROUNDS 1 AND 2 – THE PCP
- Discussion
- GROUNDS 3 AND 4 – WHETHER THE PCP PUTS WOMEN AT A PARTICULAR DISADVANTAGE
- Discussion
- GROUND 5 – IS THE PCP A PROPORTIONATE MEANS OF ACHIEVING A LEGITIMATE AIM
- GROUND 6 – SECTION 149 OF THE 2010 ACT
- Conclusions
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