Thlimmenos and positive discrimination – Administrative Court Blog
‘The High Court (Mansfield J) has held that Thlimmenos discrimination can only apply where a claimant is asking for an exception to be introduced to an otherwise general rule; it does not apply where both the claimant and their comparator are outside the ambit of the general rule and thus not subject to any “treatment”. In this sense, the Thlimmenos principle does not permit claimants to seek a form of positive discrimination. The case is R (CKS and others) v Secretary of State for Education [2026] EWHC 741 (Admin).’
Administrative Court Blog, 10th April 2026

