Analysis

Question 1

Fennis

Answer 1

• In Eastleigh - the Court lost sight of the phrase “on the ground of…”
  
  • In this case, even if the people were unaware of the fact that the pensionable age differs according to sex
• In Eastleigh, the BUT FOR test was used. But Finnis says Eastleigh was wrongly decided.
• The “But Why” test should be used.