What is “private law”? Section 156 of the Equality Act 2010 says: A failure in respect of a performance of a duty imposed by or under this Chapter does not confer a cause of action at private law. What does the phrase at private law mean?
As @James K indicated in a comment: Private law involves relationships between individuals, such as the law of contracts and torts, (as it is called in the common law), and the law of obligations (as it is called in civil legal systems). It is to be distinguished from public law, which deals with relationships between both natural and artificial persons (i.e., organizations) and the state, including regulatory statutes, penal law and other law that affects the public order. In general terms, private law involves interactions between private individuals, whereas public law involves interrelations between the state and the general population. Source: Wikipedia The effect of section 156 is that anyone adversely affected by a public authority's failings under Part 11, Chapter 1 cannot sue: any redress is by way of judicial review. The Explanatory Note to section 156 offers this example: A local council fails to give due regard to the requirements of the public sector equality duty when deciding to stop funding a local women’s refuge. An individual would not be able to sue the local council as a result and claim compensation. She would need to consider whether to pursue judicial review proceedings.
No Parliament is sovereign: Parliamentary sovereignty is a principle of the UK constitution. It makes Parliament the supreme legal authority in the UK, which can create or end any law. Generally, the courts cannot overrule its legislation and no Parliament can pass laws that future Parliaments cannot change. Parliamentary sovereignty is the most important part of the UK constitution.
Law SE is not for direct legal advice. You're in the middle of a contract dispute that has turned acrimonious and need to find legal help. Google for free or low cost legal aid in your area. If this "point person" has mentioned a lawyer or made legal threats, you do need legal help.
Choice of law (also called conflict of laws) arises when a legal dispute occurs across legal boundaries. For example, suppose I live in New York, and sign a contract to buy computers from you, a company headquartered in California. If we have a dispute about the contract, we need to decide which state's law and which courts (and juries) will be used to resolve the dispute. The law that applies to our dispute is called the applicable or governing law. In many cases, it doesn’t matter which law or court we use. But in some cases, it matters a lot. For example, the California law may be friendlier to customers, or a jury in New York may be friendlier to me than to a California companies. Since we know that the choice of law and court may matter, we may specify in the contract which laws and courts will be used to resolve any disputes. (These may not be the same. The contract could say that our case will be heard in the SDNY using CA law.) The clause that says which laws apply, and which courts will apply them, is called a governing or applicable law clause. Here’s an example many of us have used, probably without realizing it: APPLICABLE LAW By using any Amazon Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Washington, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Amazon.
This is a very straightforward point of constitutional law. Chapter and verse from the Constitution, art 224: (1) Notwithstanding anything in article 32, every High Court shall have power, throughout the territories in relation to which it exercises jurisdiction, to issue to any person or authority, including in appropriate cases, any Government, within those territories directions, orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, or any of them, for the enforcement of any of the rights conferred by Part III and for any other purpose. (2) The power conferred by clause (1) to issue directions, orders or writs to any Government, authority or person may also be exercised by any High Court exercising jurisdiction in relation to the territories within which the cause of action, wholly or in part, arises for the exercise of such power, notwithstanding that the seat of such Government or authority or the residence of such person is not within those territories.
Arbitration is a private dispute resolution process For grievances between private parties, they can agree to resolve them through arbitration. For breaches of public law (like GDPR) the state is the one against whom the offence is committed. Arbitration is not available to resolve these matters - resolution is through the courts or administrative tribunals.
Firstly, we need to correct some of the terminology in your question. While you are right that what you have linked to is &quot;statutory guidance&quot;, that is not the same as &quot;new legislations&quot;. Legislation means law passed by Parliament, while guidance can be issued by any body authorised to do so by legislation. Guidance may or may not be legally binding depending on what the underlying legislation says. In this case, the guidance is made under Section 551A(1) of the Education Act 1996. Section 551A(3) provides: &quot;The appropriate authority of a relevant school must have regard to guidance issued under this section when developing and implementing a school uniform policy for the school.&quot; This means that the guidance is not legally binding in the sense that the school authority is not obliged to do what the guidance says. However, the authority is legally obliged to &quot;have regard&quot; to it. This means they must consider it and take it into account when reaching a decision. They can depart from the guidance but in that case they should be able to explain and justify their reasons for doing so. A challenge would need to be by way of judicial review and you would need to establish that they failed to have regard to the guidance. A strongly worded letter pointing out their legal obligation under the Act, together with a threat of judicial review proceedings, may be enough for them to take you seriously without actually needing to go to court.
There are none. Damages against B’s clinic? A does not have a contract with B’s clinic. No duties nor rights without a contract. Damages against B? A does not have a contract with B. If there was a contract, we need details about it. Tort, § 823 Ⅰ BGB? No. B was neither negligent nor did he/she deliberately incur damage. Report B as criminal? A and B had consensual sexual intercourse. This consent (necessarily) comprises the risk of transmission. You cannot give “consent to facts” though. Yet here B had no knowledge of his/her contagiousness. He/she definitely did not deliberately infect A. Negligence is out of question, because there is no general expectation to get regularly tested before having sex with anyone.