Central Bedfordshire Council v Taylor & Ors
We’ve just heard that permission to appeal to the Supreme Court in Central Beds v Taylor has been refused. Our note of the Court of Appeal case is here. This was surely a chance for the Supreme Court to revisit Kay and Doherty in the light of the Connors and after ECtHR decisions, aka the great quarter pounder v Royale with cheese issue. Lords Walker, Mance and Collins held that:
“the application did not raise an arguable point of law of general public importance which ought to be considered by the Supreme Court at this time.”
One now wonders how the application for permission in Manchester CC v Pinnock will fare? (our note on Pinnock here) Particularly as a host of Court of Appeal (and possibly County Court) cases are stayed pending Pinnock.
Hold on a minute, I thought it was a new thing this Supreme Court malarkey but it turns out it’s the same old establishment codgers up to their old tricks in their continuing attempt to keep out Johnny Foreigner in the form of the dastardly European Convention and the so called Human Rights Act. Maybe they hadn’t read Paulic v Croatia, oh and Cosic v Croatia, ..um McCann… etc What will they do if the ECtHR allows the application by Mr Kay? Just keep on as usual? However they allowed Mr Doherty through their narrow gateway. They just need to understand that it needs to be a bit wider than that!!