THE APPEAL
THE APPEAL
In light of the grounds of appeal, the following issues arise:
did the respondent apply a PCP in the present case, and was the judge wrong to find that it had not? These are the issues in grounds 1 and 2 which can be taken together;
did the respondent apply a PCP to women, and to men, which put women at a particular disadvantage? That can be divided into two issues, namely (a) did the respondent’s conduct put persons at a particular disadvantage and (b) if so, did it put women at a particular disadvantage as compared with men? This is the issue in grounds 3 and 4 which, again, can conveniently be considered together;
if so, has the respondent shown that it, that is the PCP, is a proportionate means of achieving a legitimate aim? That is ground 5; and
was the respondent in breach of its duty under section 149 of the 2010 Act?
- 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
![CA-2024-002185 - [2025] EWCA Civ 1049](https://backend.juristeca.com/files/emisores/logo_Sjvxvlx.png)