Source: All England Reporter
Publisher Citation: [2009] All ER (D) 97 (Jul)
Neutral Citation: [2009] EWCA Civ 681
Court: Court of Appeal, Civil Division
Judge:

Sedley, Smith and Rimer LJJ
Representation Dinah Rose QC and Helen Mountfield (instructed by Bindmans ) for the E.
  Peter Oldham (instructed by Stone King Sewell) for the Governing Body of JFS and the Admissions Panel of JFS.
  Tom Lindon QC and Dan Squires (instructed by the Treasury Solicitor) for the Secretary of State.
  Clive Lewis QC (instructed by the Treasury Solicitor) for The Schools' Adjudicator.
  Lord Pannick QC and Ben Jaffey (instructed by Farrer & Co LLP) for the intervener. 
  Clive Lewis QC (instructed by the Treasury Solicitor) for the Admissions Appeal Panel of JFS.
  Peter Oldham (instructed by Stone King Sewell) for the fourth interested party.  
  David Wolfe (instructed by Leigh Day & Co) for the eighth intervener.
  The first, fifth, sixth and seventh interested parties did not appear and were not represented.
Judgment Dates: 10 July 2009

Catchwords

Practice - Order - Religious discrimination - Religious school - Application for judicial review of school's decision to reject father's application to school on basis child not of same religion - Claimant succeeding in principle - Judge finding claimant entitled to declaratory relief on basis of breach of statutory requirements - Appropriate form of declaratory relief - s 71.

The Case

Practice Order. Court of Appeal, Civil Division: Following proceedings concerning two applications for judicial review, which raised questions as to the relationship between religious law and secular law in the context of a dispute within the Jewish community about the propriety and legality of the criteria governing admission to the well-known Jewish school in London, the Jews' Free School, the court made an order that there should be a mandatory order which sought to put the pupil as nearly as possible in the situation in which, but for the unlawful criterion, he should have been when he applied to the school.

Practice Areas

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