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Tigere, R (on the application of) v Secretary of State for Business, Innovation and Skills

Tigere, R (on the application of) v Secretary of State for Business, Innovation and Skills

Case [2015] UKSC 57

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Case: [2015] UKSC 57
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Cases Citing This Decision

A and B (Appellants) v Criminal Injuries Compensation Authority and another (Respondents) [2021] UKSC 27
Citation 1

…y choice. (In this regard, I note that in R (Tigere) v Secretary of State for Business, Innovation and Skills (Just For Kids Law intervening) [2015] UKSC 57; [2015] 1 WLR 3820 it was conceded that immigration status was an “other status” within article 14: see Lady Hale at para 26. This is consistent with the dec…
R (on the application of a and B) (Appellants) v Secretary of State for Health (Respondent) [2017] UKSC 41
Citation 2

…the four well-known questions posed, for example, by Baroness Hale of Richmond in R (Tigere) v Secretary of State for Business, Innovation and Skills [2015] UKSC 57, [2015] 1 WLR 3820, at para 33. In my view an affirmative answer clearly falls to be given to the first three of them: for the aim of the respondent’…
AB (Appellant) v Her Majesty's Advocate (Respondent) (Scotland) [2017] UKSC 25
Citation 3

…(R (Tigere) v Secretary of State for Business, Innovation and Skills [2015] UKSC 57, [2015] 1 WLR 3820, para 93 per Lord Sumption and Lord Reed (in a dissenting judgment)). I also have regard to the fact that once a police officer has charged a person with a relevant sexual offence, the record of that charge will…
In the matter of an application by Denise Brewster for Judicial Review (Northern Ireland) [2017] UKSC 8
Citation 4

…ily on the joint dissenting judgment of Lord Sumption and Lord Reed in R (Tigere) v Secretary of State for Business Innovation and Skills [2015] UKSC 57; [2015] 1 WLR 3820 in advancing the claim that where a person’s status is not an immutable characteristic of the individual affected, the state should be accorde…
A and B, R (on the application of) v Secretary of State for Health (Rev 1) [2017] UKSC 41
Citation 5

…the four well-known questions posed, for example, by Baroness Hale of Richmond in R (Tigere) v Secretary of State for Business, Innovation and Skills [2015] UKSC 57, [2015] 1 WLR 3820, at para 33. In my view an affirmative answer clearly falls to be given to the first three of them: for the aim of the respondent’…
A and B v Criminal Injuries Compensation Authority & Anor [2021] UKSC 27
Citation 6

…y choice. (In this regard, I note that in R (Tigere) v Secretary of State for Business, Innovation and Skills (Just For Kids Law intervening) [2015] UKSC 57; [2015] 1 WLR 3820 it was conceded that immigration status was an “other status” within article 14: see Lady Hale at para 26. This is consistent with the dec…
AB v Her Majesty's Advocate [2017] UKSC 25
Citation 7

…(R (Tigere) v Secretary of State for Business, Innovation and Skills [2015] UKSC 57, [2015] 1 WLR 3820, para 93 per Lord Sumption and Lord Reed (in a dissenting judgment)). I also have regard to the fact that once a police officer has charged a person with a relevant sexual offence, the record of that charge will…
Brewster, Re Application for Judicial Review (Northern Ireland) [2017] UKSC 8
Citation 8

…SC drew heavily on the joint dissenting judgment of Lord Sumption and Lord Reed in R (Tigere) v Secretary of State for Business Innovation and Skills [2015] UKSC 57; [2015] 1 WLR 3820 in advancing the claim that where a person's status is not an immutable characteristic of the individual affected, the state shoul…
DA & Ors, R (on the application of) v Secretary of State for Work and Pensions [2019] UKSC 21
Citation 9

…111. He started from the four-stage approach as summarised by Lady Hale in R (Tigere) v Secretary of State for Business, Innovation and Skills [2015] UKSC 57; [2015] 1 WLR 3820, para 33:…
JR123, Re Application for Judicial Review (Northern Ireland) [2025] UKSC 8
Citation 10

…texts in the judgment of Lord Sumption and Lord Reed in R (Tigere) v Secretary of State for Business, Innovation and Skills [2015] UKSC 57; [2015] 1 WLR 3820, paras 88-91 (although this was a dissenting judgment as to the result in that case, the general points made in these paragraphs are valid and of general si…
Z & Anor, R (on the application of) v Hackney London Borough Council & Anor (Rev 1) [2020] UKSC 40
Citation 11

…v United Kingdom (2010) 51 EHRR 13, para 62; and R (Tigere) v Secretary of State for Business, Innovation and Skills (Just for Kids Law intervening) [2015] UKSC 57; [2015] 1 WLR 3820. That is to say, the state is entitled to focus provision of social welfare benefits on a particular group, and hence exclude othe…

Cases Cited

Statutory Material Cited

R (RJM) v Secretary of State for Work and Pensions [2008] UKHL 63
Citation 1

…y schemes has been recognised domestically, for example in R (RJM) v Secretary of State for Work and Pensions [2008] UKHL 63, [2009] 1 AC 311. Nevertheless, it was the absence of any possibility of taking the particular circumstances of the case into account which led to the finding of a violation in Ponomaryov (…
R (on the application of Corner House Research and others) (Respondents) v Director of the Serious Fraud Office (Appellant) (Criminal Appeal from Her majesty's High Court of Justice) [2008] UKHL 60
Citation 2

…n particular R (Corner House Research) v Director of the Serious Fraud Office [2008] UKHL 60; [2009] AC 756, at para 41 (Lord Bingham), Bank Mellat v HM Treasury (No 2) [2014] UKSC 39, [2014] AC 700, at paras 21 (Lord Sumption), 71, 93 (Lord Reed); R (Lord Carlile of Berriew QC and ors) v Secretary of State for t…
Belfast City Council v Miss Behavin' Ltd [2007] UKHL 19
Citation 3

…ressed his mind to the particular issue before us (see, for example, Belfast City Council v Miss Behavin' Ltd [2007] UKHL 19, [2007] 1 WLR 1420), or that the issue has received active consideration in Parliament (see R (SG) v Secretary of State for Work and Pensions ). Both are lacking in this case: there is no e…
Huang v Secretary of State for the Home Department [2007] UKHL 11
Citation 4

…blished in a series of cases at this level, beginning with Huang v Secretary of State for the Home Department [2007] UKHL 11, [2007] 2 AC 167, and continuing with R (Aguilar Quila) v Secretary of State for the Home Department (AIRE Centre intervening) [2011] UKSC 45, [2012] 1 AC 621, and Bank Mellat v HM Treasury…
P & Ors, Re (Northern Ireland) [2008] UKHL 38
Citation 5

…he Convention. Such a declaration was granted, for example, in In re G (Adoption: Unmarried Couple) [2008] UKHL 38, [2009] AC 173, where it was held that the provision of the Adoption (Northern Ireland) Order 1987 excluding unmarried couples from applying jointly to adopt was incompatible with the appellants' Con…
Bank Mellat v Her Majesty's Treasury (No. 2) [2013] UKSC 39
Citation 6

…me Department (AIRE Centre intervening) [2011] UKSC 45, [2012] 1 AC 621, and Bank Mellat v HM Treasury (No 2) [2013] UKSC 39, [2014] AC 700, that the test for justification is fourfold: (i) does the measure have an legitimate aim sufficient to justify the limitation of a fundamental right; (ii) is the measure rat…
Humphreys v Revenue and Customs [2012] UKSC 18
Citation 7

…to cash welfare benefits, themselves a species of property right protected by A1P1: see Humphreys v Revenue and Customs Comrs [2012] UKSC 18, [2012] 1 WLR 1545; R (SG) v Secretary of State for Work and Pensions (Child Poverty Action Group intervening) [2015] UKSC 16, [2015] 1 WLR 1449. On the other hand, educatio…
Lord Carlile of Berriew QC, & Ors, R (on the application of) v Secretary of State for the Home Department [2014] UKSC 60
Citation 8

…d Carlile of Berriew QC and ors) v Secretary of State for the Home Department [2014] UKSC 60; [2014] 3 WLR 1404, paras 31, 34 (Lord Sumption). In a case where a range of rational and proportionate policy options is open to the decision-maker, the decision which provides the best allocation of scarce resources is…
Quila & Anor, R (on the application of) v Secretary of State for the Home Department [2011] UKSC 45
Citation 9

…and continuing with R (Aguilar Quila) v Secretary of State for the Home Department (AIRE Centre intervening) [2011] UKSC 45, [2012] 1 AC 621, and Bank Mellat v HM Treasury (No 2) [2013] UKSC 39, [2014] AC 700, that the test for justification is fourfold: (i) does the measure have an legitimate aim sufficient to…
SG & Ors, R (on the application of) v Secretary of State for Work and Pensions (SSWP) [2015] UKSC 16
Citation 10

…[2012] UKSC 18, [2012] 1 WLR 1545; R (SG) v Secretary of State for Work and Pensions (Child Poverty Action Group intervening) [2015] UKSC 16, [2015] 1 WLR 1449. On the other hand, education is rather different. Both sides in this case rely upon the language of the Strasbourg court in Ponomaryov v Bulgaria (2014)…
T & Anor, R (on the application of) v Secretary of State for the Home Department & Anor [2014] UKSC 35
Citation 11

…of achieving it: see, for example, R (T) v Chief Constable of Greater Manchester Police (Liberty intervening) [2014] UKSC 35, [2015] AC 49. Secondly, however, it is one thing to have an inclusionary bright line rule which defines all those who definitely should be included. This has all the advantages of simplici…
Whiston, R (on the application of) [2014] UKSC 39
Citation 12

…0; [2009] AC 756, at para 41 (Lord Bingham), Bank Mellat v HM Treasury (No 2) [2014] UKSC 39, [2014] AC 700, at paras 21 (Lord Sumption), 71, 93 (Lord Reed); R (Lord Carlile of Berriew QC and ors) v Secretary of State for the Home Department [2014] UKSC 60; [2014] 3 WLR 1404, paras 31, 34 (Lord Sumption). In a ca…

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