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R (on the application of E) (Claimant) v (1) JFS GOVERNING BODY (2) ADMISSIONS PANEL OF JFS (Defendants) & ORS

Compelling reasons would have to be shown for withdrawing public funding from a litigant who had been publicly funded in the court below, had been successful in that court and wished to resist an appeal to a higher court by the unsuccessful party.

27 October 2009

The applicant (E) applied for a protective costs order in respect of an appeal being brought by the respondents against a decision of the Court of Appeal (R (on the application of E) v JFS Governing Body (2009) EWCA Civ 626, Times, July 8, 2009) that the refusal to admit his son to a Jewish school because he was not regarded as matrilineally Jewish constituted discrimination on racial grounds. The respondents were the school's governing body and the relevant independent admission appeal panel. E had had the benefit throughout the proceedings of funding from the Legal Services Commission. However, the commission had insisted that he should obtain a protective costs order as a condition of being provided with further funding to resist the appeal.

HELD: (1) The real issue was not whether the case was suitable for a protective costs order under the principles in R (on the application of Corner House Research) v Secretary of State for Trade and Industry (2005) EWCA Civ 192, (2005) ...

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