the full text of this judgment is available free of charge on the BAILII website
Representation:
Mr Paul Diamond, appearing under the Bar Direct Access Scheme for Mr McClintock the Appellant
Mr Adrian Lynch QC instructed by the Treasury Solicitor, One Kemble Street, London WC2B 4TS for the Respondent
Authority for the proposition that:-
- to constitute a "belief" within the meaning of the Employment Equality (Religion or Belief) Regulations 2003 SI 2003/1660 there must be a religious or philosophical viewpoint in which one actually believes. It is not enough to have an opinion based on some real or perceived logic or based on information or lack of information available.
- magistrates and others in judicial office must apply the law of the land as their judicial oath requires and cannot generally opt out of cases on the grounds that they may have to apply laws to which they have a moral or other principled objection.
For relevant general notes see Religious discrimination/new regulations 2003
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prepared November 2007