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R(E) v Governing Body of JFS

October 27, 2009 2 comments

The new UK Supreme Court will begin to hear the appeal in R(E) v. Governing Body of JFS UKSC 2009/0105 today. The case will take three days. It consists in an appeal from the decision of the Court of Appeal in R(E) v. Governing Body of JFS [2009] EWCA Civ 626.  The case began with the High Court decision of Mr. Justice Munby (now Lord Justice Munby) in R(E) v. Governing Body of JFS [2008] EWHC 1535, handed down in July of last year. JFS is a well known Jewish school in, Brent, London and is consistently recognised as one of the best performing schools in the country. The issue before the Supreme Court today is:

Whether a Jewish faith school unlawfully discriminates directly or indirectly under the Race Relations Act 1976 in giving priority in admission to the school to those children who are recognised as Jewish under Orthodox Jewish religious law by the Office of the Chief Rabbi.

The High Court found that there was no unlawful discrimination. The Court of Appeal, by contrast, found that there was. As always, I am less interested in the law than in the politics and it’s a busy day today, but there are a few observations I would like to make.

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