New Judgment: R(E) v Governing Body of JFS  UKSC 1 [updated]
14 Wednesday Oct 2009
The first judgment of the Court has been posted on its website – R (E) v Governing Body of JFS  UKSC 1 (rev)
In an application under the Supreme Court Rules 2009, rule 30 (protective costs order), the respondent sought an order that whatever the outcome of an appeal in relation to the Governing Body’s refusal to offer a place in the JFS comprehensive school to the respondent’s son, the appellants should not be entitled to seek the payment of any costs from the respondent or the LSC. The Supreme Court refused the application.
The judgment discloses (at paragraph 4) that the boy who has brought the application, “E”, has since the decision of the Court of Appeal been admitted to the school and will stay there regardless of the outcome of the appeal.
This point is discussed by Joshua Rozenberg on his blog – where he points out that this information had not previously been disclosed but that its disclosure was essential to the understanding of the judgment and did not breach the order (repeated in the last paragraph of the Judgment) that nothing is to be published which would identify the child.