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and the cases cited
Charging Fees, n. 57, para. 16; Impact Assessment
paras 1.28-1.30. 67 UNISON, n. 1, per Lord Reed para
Vietnam)) v Secretary of State for Home Department [2017] 1 WLR 2595 per Ouseley J at paras 78-95
99 189 Ibid
247 The ping-pong between the courts and Parliament
(1986)
Lord Chancellor ex parte Leech [1994] QB 575, R v Lord Chancellor ex parte Witham
(2011)
Resolving Workplace Disputes: A Consultation (BIS
Application No. 25747/09, 4
(2012)
EWCA Civ 842, per Sullivan LJ paras 58-62. The possibility of individuals bringing judicial review claims, for which fees would be payable
Case C-392/93, R v HM Treasury ex parte British Telecommunications plc [1996] I-ECR 1631. 232 Ibid
Is There Light Social Exclusion by
The argument is summarised by Lord Reed at para. 90 of UNISON
Attorney General v Times Newspapers [1974] AC 273 per Lord Diplock at 309
(2016)
Article 19 TEU, Case C-14/83, Von Colson [1984] ECR 1891, paras. 15, 23. See too Case C-407/14, Camacho v Securitas Seguridad España
(1987)
The Rule of Law and its Virtue' in J. Raz
(2007)
85-89, and 'The Rule of Law
(2009)
Research into Enforcement of Employment Tribunal Awards in England and Wales (Ministry of Justice Research Series
Answer to Written Question 2414 from Caroline Lucas MP in House of Commons
and Axa v HM Advocate [2012] 1 AC 868 per Lord Hope para
(1996)
ICR 364, especially per Neill LJ at 374C-E. 224 Department of Constitutional Affairs v Jones
(2010)
Littlewoods v Revenue and Customs Commissioners [2017]3 WLR 1401. For the 207 On that basic rule, see Lord Phillips in Mosell (Jamaica) Limited v Office of Utilities
Both referred to MoJ, What's Cost Got to Do with It?
For example, the Grand Chamber in Case C-432/05, Unibet [2007] ECR I-2771, para. 43. 150 Treaty on Functioning of EU (TFEU)
The Metaphysics of Nullity: Invalidity, Conceptual Reasoning and the Rule of
(1995)
Case C-6/90, Francovich v Italy
per Lord Neuberger para
Per Maurice Kay LJ at para. 119 and Stanley Burnton LJ at para
See rule 11 and rule 40
See too Dominic Raab's comments to a fringe meeting at the Conservative Party conference in October: see
S. Smith, H. Woolf (2012)
De Smith's Judicial Review
(2015)
See the summary of Cranston J in Mulvenna v Secretary of State for Communities and Local Government
cases where extensions have been allowed under the 'reasonably practicable' test because it was not practicable to submit a claim on grounds of illness
See Lord Neuberger in Shoesmith, n. 212, para. 144 (cf. Maurice Kay LJ at para
) and see DEB
It is a moot point whether interest should be compound: see Sempra Metals v IRC
(2004)
Immigration and Asylum Act 2002, is set out in R(Q) v Home Secretary
Application No. 71731/01, 26
S. Prechal, R. Widdershoven (2011)
Redefining the Relationship between 'Rewe-effectiveness' and Effective Judicial ProtectionReview of European Administrative Law, 4
J. Nicolas (2010)
Secretary of state for the home department
For recent examples see R (IS) v Director of Legal of Legal Aid Casework [2016] 1 WLR 4733, R (Howard League) v Lord Chancellor [2017] 1 WLR 2093 at paras 48-49
See the parallels drawn between the two principles in UNISON paras
Underhill LJ in UNISON (CA), n. 82, para
P. Craig (1997)
Formal and Substantive Conceptions of the Rule of Law: An Analytical FrameworkPublic Law
In R (UNISON) v Lord Chancellor (Equality and Human Rights Commission Intervening) the Supreme Court held that fees for bringing claims in the employment tribunal were unlawful both under common law and as a matter of EU law. The judgment has very significant implications for any system in which the enforcement of employment or social rights is left to individual claimants, the paradigmatic model adopted in the UK. Recent government policy has ignored the public function of individual tribunal claims in delivering employment rights at the systemic level, exemplified by the theoretical assumptions and justifications which lay behind the introduction of fees. The Supreme Court’s analysis of the rule of law and the common law right of access to justice is in sharp conflict with these policies. I discuss the difference between the common law principles and the parallel principles in EU law and under Article 6 of the ECHR. The article explores the consequences of the judgment for cases rejected, dismissed or not brought owing to fees, and its longer-term implications for impediments to access to courts and tribunals, all the more important with Brexit on the horizon. The judgment represents an important triumph of the rule of law over the increased marketisation of legal rights.
Industrial Law Journal – Oxford University Press
Published: Mar 15, 2018
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