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Rotherham Borough Council & Ors, R (On the Application Of) v Secretary of State for B
The claimants are the four local authorities in the South Yorkshire area largely comprising the Sheffield City Region Local Enterprise Partnership and the five local authorities in the Merseyside area largely comprising the Liverpool City Region Local Enterprise Partnership. The two Local Enterprise Partnerships comprise the two "NUTS 2" regions of Merseyside and South Yorkshire: NUTS 2 regions are the primary units of measurement for allocating EU Structural Funds. They brought a claim in the Administrative Court challenging two decisions of the Secretary of State for Business, Innovation and Skills ("the Secretary of State") as to how to allocate the Structural Funds for the period 2014-2020 within the UK. In summary, they allege that the decisions have produced discriminatory and disproportionate funding cuts for their regions.
Stewart J, in a careful and impressive judgment handed down on 7 February 2014, held that in making the decisions the Secretary of State had failed to comply with the public sector equality duty under section 149 of the Equality Act 2010, but otherwise dismissed the grounds of challenge. The claimants sought permission to appeal, and on 28 February 2014 Sir Stanley Burnton adjourned their application and directed that the appeal should be heard immediately if permission to appeal was granted. We give permission to appeal.
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Stewart J, in a careful and impressive judgment handed down on 7 February 2014, held that in making the decisions the Secretary of State had failed to comply with the public sector equality duty under section 149 of the Equality Act 2010, but otherwise dismissed the grounds of challenge. The claimants sought permission to appeal, and on 28 February 2014 Sir Stanley Burnton adjourned their application and directed that the appeal should be heard immediately if permission to appeal was granted. We give permission to appeal.
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