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NI Gay Cake case

Employment and Discrimination Law

Re: NI Gay Cake case

Postby shootist » Mon Oct 31, 2016 4:13 pm

atticus wrote:There is a route of appeal from the NI Court of Appeal to the Supreme Court. Whether it is taken in this case is another matter.


Wouldn't dream of arguing, but the knowledgeable personage on the radio seemed to thing that a case could only be brought from N.I. to the Supreme Court if there was some national interest or something or other, which he felt would not apply to this case.

Either way I mostly despise people who lay bait in front of soft targets.
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Re: NI Gay Cake case

Postby atticus » Mon Oct 31, 2016 4:14 pm

He was wrong.
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Re: NI Gay Cake case

Postby dls » Mon Oct 31, 2016 4:29 pm

The benefit from the message or slogan on the cake could only accrue to gay or bisexual people.


This is the mistake in the CANI judgment.

The test is as between the individuals claiming discrimination and another who might request the same service. The case is not about disadvantaging the message nor about disadvantaging a community in general, but about the disadvantage to this disappointed customer.

If I had turned up with the same request I too would have been rejected. I would not hae been served. For the CANI to pretend that I am not a comparator is rather miserable logic. Similarly, to suggest that I do not benefit from my gay friend having the freedom to marry is pretty dismal (and irrelevant).

My understanding is that an appeal from CANI to the Supreme Court is much more restricted than it would be from our own CA. The Supreme Court has appellate rights from Scotland only (about) on 'devolution issues'. Similarly for NI - though no doubt in different terms.
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Re: NI Gay Cake case

Postby atticus » Mon Oct 31, 2016 4:52 pm

I disagree (on appeals to the SC). It hears appeals from Scotland and NI, as well as Englsnd and Wales, on cases where there is an arguable point of law of public importance.

The SC also has additional powers as a sort of constitutional court on devolution issues.

www.supremecourt.uk/docs/a-guide-to-bri ... -court.pdf
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Re: NI Gay Cake case

Postby dls » Mon Oct 31, 2016 7:54 pm

Cheers (link added)
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