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R (on app. Of Elias) v SoS for Defence

[2006] IRLR 934

Case summary last updated at 17/02/2020 17:10 by the Oxbridge Notes in-house law team.

Judgement for the case R (on app. Of Elias) v SoS for Defence

SoS developed a policy on compensation for those imprisoned in HK during WWII which required a birth link to the UK, not just citizenship. CA held that this was unlawful because SoS never considered that it might be discriminatory on racial grounds, which he had a duty to consider under s.71 RRA. 
 
Arden LJ: “It is the clear purpose of [the general duties] to require public bodies ... to give advance consideration to issues of ... discrimination before making any policy decision that may be affected by them. That 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. It is not possible to take the view that the Secretary of State's non-compliance with that provision was not a very important matter.”

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