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England and Wales Court of Appeal (Civil Division) Decisions
You are here: BAILII >> Databases >> England and Wales Court of Appeal (Civil Division) Decisions >> Johnson & Ors, R (on the application of) v Secretary of State for Constitutional Affairs & Anor  EWCA Civ 1808 (05 December 2006)
Cite as:  EWCA Civ 1808
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IN THE COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM THE HIGH COURT OF JUSTICE
QUEEN'S BENCH DIVISION
(MR JUSTICE FORBES)
B e f o r e :
LORD JUSTICE HOOPER
|THE QUEEN ON THE APPLICATION OF JOHNSON & ORS||CLAIMANTS/APPELLANTS|
|- v -|
|SECRETARY OF STATE FOR CONSTITUTIONAL AFFAIRS & ANR||DEFENDANTS/RESPONDENTS|
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MR J COPPEL & MS C IVINY (instructed by Treasury Solicitors) appeared on behalf of the Respondent.
Crown Copyright ©
"The Secretary of State submits that the learned judge was correct to reach the conclusion." [That is the conclusion on the HRA point]
"Some other compelling reason why the appeal should be heard." [Reference being made to CPR 5.3(6b)]. The transfer of a care home from the public to the private sector has the effect. If the care home is not itself to be treated as a public authority under section 6 of removing from residents the right to enforce their convention rights directly against those who are accommodated in care for them. The issue is accordingly one which naturally calls for consideration and determination together with issue. 1.- they cannot sensibly be separated out in an illegal analysis which seeks to provide a comprehensive view of how the legal rules under the HRA work in this area."
Order: Application granted.