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06 November 2008
Issue: 7344 / Categories: Opinion , Discrimination
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Unfair selection?

Helen Gill questions why the Equality Act exempts faith schools from its provisions

The decision in R(E) v JFS [2008] EWHC 1665 (Admin) has been championed as clarifying the meaning of race discrimination under the Race Relations Act 1977 (RRA 1976). However, would it be better regarded as a stark illustration of the limits of developing equality jurisprudence?

JFS is a school whose admissions policy prioritises children who are recognised as Jewish by the Office of the Chief Rabbi (OCR) of the United Congregation of the Commonwealth. E’s son, M, was denied admission to the school because M’s mother’s conversion to Orthodox Judaism was undertaken by an “independent progressive synagogue” rather than by a category of synagogue approved of by the OCR.

M was unable to attend the school, although he “is recognised as Jewish by the Reform synagogues of Great Britain and the Assembly of Masorti synagogues, practises his own Jewish faith, prays in Hebrew and attends synagogue and a Jewish youth group”. An atheist child of an atheist family (or a child whose family practised

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MOVERS & SHAKERS

Haynes Boone—Jeremy Cross

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Firm strengthens global fund finance practice with London partner hire.

DWF—Stephen Webb

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Partner and head of national planning team appointed

mfg Solicitors—Nick Little

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Corporate team expands in Birmingham with partner hire

NEWS
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts

An engagement ring may symbolise romance, but the courts remain decidedly practical about who keeps it after a split, writes Mark Pawlowski, barrister and professor emeritus of property law at the University of Greenwich, in this week's NLJ

Medical reporting organisation fees have become ‘the final battleground’ in modern costs litigation, says Kris Kilsby, costs lawyer at Peak Costs and council member of the Association of Costs Lawyers, in this week's NLJ
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