‘The Court of Appeal (Lewis, Peter Jackson, and Stuart-Smith LJJ) has affirmed the High Court’s conclusion that an application to the Windrush Compensation Scheme (“the WCS”) does not involve the determination of any civil dispute in the Article 6 ECHR sense. However, in a lengthy obiter judgment involving an impressive review of the Strasbourg case law, and disagreeing with the High Court, Lewis LJ concludes in his lead judgment that a genuine dispute over WCS eligibility can involve the determination of an Article 6 civil right. The case is R (Oji) v The Director of Legal Aid Casework [2026] EWCA Civ 11.’
Administrative Court Blog, 19th January 2026
