This appeal is one which concerns those men and women who were incarcerated along with the Allied service men. Also the men of the Gurkha's who have all been denied compensation by our CARING GOVERNMENT. because they either did not wear a British uniform or were of a different colour.They should all be recognised as British subjects in this instance immaterial of the colour of their skin.and given the same consideration as we who were taken prisoners of war.
MoD Denial to one third British Civilian Survivors
I have just heard that the Rt Hon Lord Justice Sedley has granted leave to Appeal and has asked the Appeal Court to expedite the Hearing;
The Reasons for his judgement are as follows:
- The issues are in themselves of sufficient public importance to deserve this court's attention. But I think that the Appeal has a real prospect of success.
- Of the four enumerated grounds, I consider all to be decently arguable, but the strongest of them may be the fourth backed up as it is by the third. The under-explored principle of equality in public law in one sense subsumes both rationality and legitimate expectation: arguably arbitrary or unjustified discrimination among claimants ranking equally under an announced policy, if it affords a freestanding ground of review, can be neither rational nor consistent with legitimate expectation.
- While there is some crossover with the issues decided by McCombe J in Gurung (The Ghurka case) my decision is not based on his grant of PTA. The directions given below deal with the parallel issues in the two cases.
I will ask the CAO ( Court Admin Officer) to list this appeal and Gurung separately but before the same court.The court may decide that it wishes to hear them together but my present view is that they will best be heard in succession.