Mandla (Sewa Singh) v Dowell Lee

Parliamentary Archives,
HL/PO/JU/18/243

Nandla and another (Appellants)

v.
Lee and others (Respondents)

JUDGMENT

¹

Die Jovis 24° Martii 1983

Upon Report from the Appellate Committee to whom was
referred the Cause Mandla and another against Lee and
others, That the Committee had heard Counsel as well on
Monday the 28th day of February last as on Tuesday the 1st
and Wednesday the 2nd days of March last upon the Petition
and Appeal of Sewa Singh Mandla and Gurinder Singh Mandla
both of 10 St. Caroline Close, West Bromwich, West
Midlands praying that the matter of the Order set forth in
the Schedule thereto, namely an Order of Her Majesty's
Court of Appeal of the 29th day of July 1982, might be
reviewed before Her Majesty the Queen in Her Court of
Parliament and that the said Order might be reversed,
varied or altered or that the Petitioners might have such
other relief in the premises as to Her Majesty the Queen
in Her Court of Parliament might seem meet; as also upon
the Case of A. G. Dowell Lee and Park Grove Private School
Limited lodged in answer to the said Appeal; and due
consideration had this day of what was offered on either
side in this Cause:

It is Ordered and Adjudged, by the Lords Spiritual
and Temporal in the Court of Parliament of Her Majesty the
Queen assembled, That the said Order of Her Majesty's
Court of Appeal of the 29th day of July 1982 complained of
in the said Appeal be, and the same is hereby, Set Aside
save for the words "all the 1st Defendant's costs of this
appeal and all the Defendants' costs below (including the
costs of the hearing of the 7th March 1980 to be taxed on
Scale 4 of the County Court Scale) be taxed by a Taxing
Master and paid by the Plaintiffs to the 1st Defendant
and/or the Solicitors for the Defendants as appropriate",
and that it be Declared that the Respondents committed an
act of unlawful discrimination against the Appellants
within the meaning of the Race Relations Act 1976: And it
is further Ordered, That the Appellants do pay or cause to
be paid to the said Respondents the Costs incurred by them
in respect of the said Appeal to this House, the amount of
such last-mentioned Costs to be certified by the Clerk of
the Parliaments if not agreed between the parties: And it
is also further Ordered, That the Cause be, and the same
is hereby, remitted back to the Birmingham County Court to
do therein as shall be just and consistent with this
Judgment.

Cler; Parliamentor

HOUSE OF LORDS

MANDLA AND ANOTHER
(APPELLANTS)

v.

LEE AND OTHERS
(RESPONDENTS)

Lord Fraser of Tullybelton
Lord Edmund-Davies
Lord Roskill
Lord Brandon of Oakbrook
Lord Templeman

Lord Fraser of Tullybelton

my lords,

The main question in this appeal is whether Sikhs are a " racial group "
for the purposes of the Race Relations Act 1976 (" the 1976 Act").…