DS - appropriate for CoL to take a decision, and if C unhappy bring a claim.
J - yes
DS - I'm reminded, at an early stage the CoL said it would await EHRC guidance. That process has run into the sand. CoL will now not wait for the guidance.
J - you can say that, on instructions
J - but stuff happens....
DS - yes of course, my instructions are that CoL will press on and not await guidance.
J - Mr Cross
TC - prematurity, he says C is trying to bind CoL hands. They are not. We are seeking to challenge an unlawful decision. If there are other arrangements
TC - it won't stop CoL using the Consultation results. If it is unlawful, it is unlawful. It is no defence to say we are consulting to unlawful conduct. I do not say the court should delay, I said it could expedite. It is not determined and we stand by the reasons.
TC - we do not accept that any T inc options would be lawful. It is not correct that the lawfulness would be determined on the facts, at the moment I have no case to answer as it isn't put forward by the R. In relation to Badmus, Sm is not affected by the decision till May
TC - if we are entitled to treat it as a new decision, the challenge cannot be brought before the decision. With regard to Out of Time, there is shifting evidence on the GI policy. In 18th July letter, shortly after 16th meeting, it explains that it refers to the GI policy, now
TC - withdrawn. The R has refused to release a single document about that withdrawal. The policy refers to a broad range of people. In relation to extension, you have a written argument. Standing and Alt remedy - it is telling DS took them together, there is no suitable
TC - remedy for the C. The qu is is there anything precluding my client being in this court? There are many many cases such as this on the EA through these courts. Eg Michaela school, a claim under EA, significant issues of fact, details of school building to do with prayer
TC - this isn't unusual in this court. In GLP para 21 the court said the particular interest of the claimant. We say we do have such a particular interest. GLP case was extreme, an individual appointments decision, also the broad interest of GLP which formed courts opinion