Source: All England Reporter
Publisher Citation: [2002] All ER (D) 232 (Jan)
Court: Court of Appeal, Civil Division

Schiemann, Chadwick LJJ and Sir Christopher Staughton

Representation Murray Shanks (instructed by the Bar Pro Bono Unit) for the claimant.
  Kate Gallafent (instructed by Akainyah & Co) for the defendant.
Judgment Dates: 25 January 2002


Sex discrimination - Provision of goods, facilities or services - Rights of members of institution - Judge interpreting defendant institution's constitution as meaning services not supplied to members of the public - Claimant wishing to adduce evidence on true construction of constitution - Whether claimant entitled to a re-hearing.

The Case

On the facts of the instant case, the claimant was entitled to have her case remitted to the lower court for consideration of the preliminary issue as the fact that she had not been able to adduce evidence on that issue meant that the original decision of the lower court was unjust.

Practice Areas

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