marshall v southampton health authority 1986 summary

accordance with the applicable national rules. The English Court of Appeal held that British Gas was not a public body against which the directive could be enforced. The objective was to arrive at real equality of opportunity and could not be M H Marshall v Southampton And South West Hampshire Area Health Authority (Teaching): ECJ 26 Feb 1986 ECJ The court considered the measure of compensation in a successful claim for sex discrimination arising from the health authority's provision of an earlier compulsory retirement age for women compared with that for men in the same employment. Ms. Marshall was employed by the Southampton and South West Hampshire Area Health Authority ("the Authority") as a dietician. Google Scholar. Governmental Structure: Union Institutions I; Summary of Case 194/94 CIA Security v Signalson [1996] Chapter: 03. 47 THAT VIEW IS BASED ON THE CONSIDERATION THAT IT WOULD BE INCOMPATIBLE WITH THE BINDING NATURE WHICH ARTICLE 189 CONFERS ON THE DIRECTIVE TO HOLD AS A MATTER OF PRINCIPLE THAT THE OBLIGATION IMPOSED THEREBY CANNOT BE RELIED ON BY THOSE CONCERNED . It concerned a Miss Marshall who had been employed as a Senior Dietician with the Southampton and South West Hampshire Area Health Authority (Teaching) from the 23rd of May 1974 until her dismissal on the 31st of March 1980, that is to say four weeks after she reached the age of 62. discrimination on grounds of sex, contrary to the Equal Treatment Directive In the UK, the retirement age for men was 65 years old yet for women it was 60 years old. THE QUESTION THEREFORE RELATES TO THE CONDITIONS GOVERNING DISMISSAL AND FALLS TO BE CONSIDERED UNDER DIRECTIVE NO 76/207 . They ensure harmonization of laws in different Member States and are considered more flexible as they provide states with discretion and some scope for national differences. '. However, while direct effect would allow legal actions based on directives against the state ( vertical direct effect ), the ECJ did accept that the 'state' could . If a certain provision of EU law is horizontally directly effective, then citizens are able to rely on it in actions against each other. . Take a look at some weird laws from around the world! Similarly, Treaty provisions are directly applicable. Marshall v Southampton and South West Area Health Authority [1986] Definition INTRODUCED THE IDEA OF DIRECTIVES BEING DIRECTLY EFFECTIVE AGAINST ORGANS / EMANATIONS OF THE STATE REGARDLESS OF WHAT CAPACITY IT WAS ACTING IN C brought action against D on basis of D's policy which forced women into retirement earlier than men Find his/her court cases that concern minor and major violations of various traffic laws, such as Driving Under Influence, Speeding, Aggressive Driving, Hit & Run, and many more. According to the court, it does not matter what capacity a state is acting. M H Marshall v Southampton And South West Hampshire Area Health Authority (Teaching): ECJ 26 Feb 1986 ECJ The court considered the measure of compensation in a successful claim for sex discrimination arising from the health authority's provision of an earlier compulsory retirement age for women compared with that for men in the same employment. 14 Pfander (n 5) 252. 24 ), WHICH THE MEMBER STATES WERE TO TRANSPOSE INTO NATIONAL LAW , ACCORDING TO ARTICLE 8 ( 1 ) THEREOF , WITHIN SIX YEARS OF ITS NOTIFICATION . Download Download PDF. Full compensation could not leave out of account factors such as the effluxion 7 SECTIONS 27 ( 1 ) AND 28 ( 1 ) OF THE SOCIAL SECURITY ACT 1975 , THE UNITED KINGDOM LEGISLATION GOVERNING PENSIONS , PROVIDE THAT STATE PENSIONS ARE TO BE GRANTED TO MEN FROM THE AGE OF 65 AND TO WOMEN FROM THE AGE OF 60 . Such a distinction may easily be avoided if the Member State concerned has correctly implemented the directive in national law. [52] Finally, with regard to the question whether the provision contained in Article 5 (1) of Directive No. The fundamental problem was therefore to determine the meaning and scope Search result: 1 case (s) 1 documents analysed. action, however, as the ECJ held that the Health Authority was an organ of This means that an unimplemented or improperly implemented directive can only be relied upon and enforced against the state which, according to reasoning in Van Duyn (1974), is prevented from its own failure to implement to avoid the obligation owed under the directive. The ECJ, however, held that Directives, in 27 THE COMMISSION ALSO REFERS TO THE FACT THAT THE COURT HAS RECOGNIZED THAT EQUALITY OF TREATMENT FOR MEN AND WOMEN CONSTITUTES A FUNDAMENTAL PRINCIPLE OF COMMUNITY LAW . They come in the form of instructions to Member States to bring national law in line with the provisions of the directive with a specific date provided by which implementation must be assured. This decision confirmed directives cannot create obligations for private parties nor can they be invoked against one. The purpose of the Directive here was to put into effect the principle of equal 76/207 may be relied upon by an individual before national courts and tribunals. This can be seen in the contrasting decisions of the cases where the employers were found not to be an emanation of the state, this can be seen in the case of Duke v GEC Reliance; within this case the UK was at fault for failing to implement the Directive 76/207. Search result: 1 case (s) 1 documents analysed. Marshall v Southampton Health Authority 1986 Directives ~may not of itself impose obligations on an individual~ therefore there is no horizontal direct effect. '. FROM THAT THE COURT DEDUCED THAT A MEMBER STATE WHICH HAS NOT ADOPTED THE IMPLEMENTING MEASURES REQUIRED BY THE DIRECTIVE WITHIN THE PRESCRIBED PERIOD MAY NOT PLEAD , AS AGAINST INDIVIDUALS , ITS OWN FAILURE TO PERFORM THE OBLIGATIONS WHICH THE DIRECTIVE ENTAILS . as men did not have to retire until 65. The following further cases were referred to by the Advocate General: 4. The provision is therefore sufficiently precise to be relied on by an individual and to be applied by the national courts. Caesars Sportsbook Promo Code Takes Out First-Bet . In either case it is necessary to prevent the State from taking advantage of its own failure to comply with Union law. # Equality of treatment for men and women - Conditions governing dismissal. Case 152/84. 30 THE UNITED KINGDOM , WHICH ALSO TAKES THAT VIEW , MAINTAINS , HOWEVER , THAT TREATMENT IS CAPABLE OF BEING DISCRIMINATORY EVEN IN RESPECT OF A PERIOD AFTER RETIREMENT IN SO FAR AS THE TREATMENT IN QUESTION ARISES OUT OF EMPLOYMENT OR EMPLOYMENT CONTINUES AFTER THE NORMAL CONTRACTUAL RETIREMENT AGE . M. H. Marshall v Southampton and South-West Hampshire Area Health Authority (Teaching). IN EITHER CASE IT IS NECESSARY TO PREVENT THE STATE FROM TAKING ADVANTAGE OF ITS OWN FAILURE TO COMPLY WITH COMMUNITY LAW . adopt, in its national legal system, all the measures necessary to ensure its 5 ( 1 )), 4 . employer in order to set aside a national provision, which imposed limits on THE DIRECTIVE APPLIES , ACCORDING TO ARTICLE 3 ( 1 ) THEREOF , TO : ' ( A ) STATUTORY SCHEMES WHICH PROVIDE PROTECTION AGAINST THE FOLLOWING RISKS : ACCIDENTS AT WORK AND OCCUPATIONAL DISEASES , ( B)SOCIAL ASSISTANCE , IN SO FAR AS IT IS INTENDED TO SUPPLEMENT OR REPLACE THE SCHEMES REFERRED TO IN ( A ). effect) of Union law would be diminished if individuals were not able to obtain In the case of St. Marys Church of England School, the court of appeal concluded that satisfying the Foster test as if it was a statutory definition wasnt was wrong and that if two limbs of the test were satisfied, that would be enough. If you have any other questions, comments or concerns, please contact our Call Center at 631-451-TOWN (8696). ECJ said that limits to compensation go against the meaning of the directive, whose objective is the FULL compensation of unequal treatment, while interest must be payable since full compensation needs to take into account the passage of time. Fact of statement Ms Marshall, Applicant, worked as a dietitian for the National Health Service of UK, Respondent, her employer being the Southampton and South West Hampshire Area Health Authority. Miss Marshall claimed compensation under section 65 of the Sex Van Gend en Loos v Nederlandse Tariefcommissie (case 26/62) [1963] ECR 1. In its judgments, the European Court has stressed the fundamental importance of the right to equal treatment under the Treaty of Rome. 1/1. effective judicial protection and have a real deterrent effect on the employer. The Tribunal had awarded, in compliance with an EC directive, a payment including interest. Case 152/84. ( COUNCIL DIRECTIVE NO 76/207 , ART . Although eventual implementation need not be uniform in every member state, the actual aim must be properly secured and where it is not, this may constitute a breach leading to a liability and damages must be paid accordingly with the guidelines set out in State liability as a remedy for citizens that have been a victim of a states failure. [46] It is necessary to recall that, according to a long line of decisions of the Court (in particular its judgment of 19 January 1982 in Case 8/81 Becker v Finanzamt Minister-Innenstadt [1982] ECR 53), wherever the provisions of a directive appear, as far as their subject-matter is concerned, to be unconditional and sufficiently precise, those provisions may be relied upon by an individual against the State where that State fails to implement the directive in national law by the end of the period prescribed or where it fails to implement the directive correctly. '. Miss Marshall continued to work after age 60. 1 . according to article 189 of the EEC Treaty the binding nature of a directive, which constitutes the basis for the possibility of relying on the directive before a national court, exists only in relation to 'each member state to which it is addressed'. However the claim on the basis that the principle of equal treatment laid down by directive 76/207 was upheld. Marshall v Southampton and South West Hampshire Area Health Authority (1986) Case 152/84 is an EU law case, concerning the conflict of law between a national legal system and European Union law. You should not treat any information in this essay as being authoritative. 76/207 may be relied upon by an individual before national courts and tribunals. Horizontal direct effect concerns the relationship between individuals (including companies). Discrimination Act 1975, which limited an award to pounds 6,250. had Horizontal direct effect. She would not have been dismissed when she was if she had been a man. She was an employee of an Area Health Authority (or "AHA"), a body established by the UK government under the National Health Service Act 1977, as amended by the Health Services Act 1980. The wide scope of public Authorities was left to the national courts of Member states. including pounds 7,710 for interest. in its judgment of 26 february 1986, in case 152/84, marshall/southampton and south-west hampshire area health authority, the court of justice points out that, where a person involved in legal proceedings is able to rely on a directive in an action against the state, he may do so regardless of the capacity in which the latter is acting, whether . A WIDE INTERPRETATION OF THAT TERM IS , IN HER OPINION , JUSTIFIED IN VIEW OF THE OBJECTIVE OF THE EEC TREATY TO PROVIDE FOR ' THE CONSTANT IMPROVING OF THE LIVING AND WORKING CONDITIONS OF ( THE MEMBER STATES ' ) PEOPLES ' AND IN VIEW OF THE WORDING OF THE PROHIBITION OF DISCRIMINATION LAID DOWN IN THE ABOVE-MENTIONED ARTICLES OF DIRECTIVE NO 76/206 AND IN ARTICLE 7 ( 1 ) OF REGULATION NO 1612/68 OF THE COUNCIL OF 15 OCTOBER 1968 ON FREEDOM OF MOVEMENT OF WORKERS WITHIN THE COMMUNITY ( OFFICIAL JOURNAL , ENGLISH SPECIAL EDITION 1968 ( II ), P . Similarly, because of direct vertical effect, it was possible for a victim to rely on rights passed down from the directive before the national courts. sex discrimination on the part of an authority which was an emanation of the 16 ARTICLE 1 ( 2 ) OF THE DIRECTIVE PROVIDES THAT : ' WITH A VIEW TO ENSURING THE PROGRESSIVE IMPLEMENTATION OF THE PRINCIPLE OF EQUAL TREATMENT IN MATTERS OF SOCIAL SECURITY , THE COUNCIL , ACTING ON A PROPOSAL FROM THE COMMISSION , WILL ADOPT PROVISIONS DEFINING ITS SUBSTANCE , ITS SCOPE AND THE ARRANGEMENTS FOR ITS APPLICATION . The ECJ has developed a principle of direct effect whereby a provision of community law may be enforced by individuals in the national court of their Member State. The fixing of an upper limit could not constitute proper implementation of Health Authority (Teaching), Case 152/84 (26 February 1986) Caption: In its judgment of 26 February 1986, in Case 152/84, Marshall/Southampton and South-West Hampshire Area Health Authority, the Court of Justice points out that, where a person involved in legal proceedings is able to rely on a Case 152/84, M.H Marshall v. Southampton and South West Hampshire Area Health Authority (Teaching), [1986] ECR 723. Area Health Authority [1986] I.R.L.R. Direct effect is especially important where a member state has failed to meet its obligation to implement a community measure or where the implementation is partial or defective. Betting. '. 76/207 may be relied upon by an individual before national courts and tribunals. 51 THE ARGUMENT SUBMITTED BY THE UNITED KINGDOM THAT THE POSSIBILITY OF RELYING ON PROVISIONS OF THE DIRECTIVE AGAINST THE RESPONDENT QUA ORGAN OF THE STATE WOULD GIVE RISE TO AN ARBITRARY AND UNFAIR DISTINCTION BETWEEN THE RIGHTS OF STATE EMPLOYEES AND THOSE OF PRIVATE EMPLOYEES DOES NOT JUSTIFY ANY OTHER CONCLUSION . The House of Lords held that it was not bound to apply the directive despite the case of Duke involving the identical point to that in Marshall, however the employer was not the state, but a private company. As to how strictly they were to be applied was unclear. IT FOLLOWS THAT THE EXCEPTION TO THE PROHIBITION OF DISCRIMINATION ON GROUNDS OF SEX PROVIDED FOR IN ARTICLE 7 ( 1)(A ) OF DIRECTIVE NO 79/7 ON THE PROGRESSIVE IMPLEMENTATION OF THE PRINCIPLE OF EQUAL TREATMENT IN MATTERS OF SOCIAL SECURITY APPLIES ONLY TO THE DETERMINATION OF PENSIONABLE AGE FOR THE PURPOSES OF GRANTING OLD-AGE AND RETIREMENT PENSIONS AND THE POSSIBLE CONSEQUENCES THEREOF FOR OTHER BENEFITS . Helen Marshall, a senior dietitian, claimed that her dismissal on grounds of being old violated the Equal Treatment Directive 1976.She was an employee of an Area Health Authority (or "AHA"), a body established by the UK government under the National Health Service Act 1977, as amended by the Health Services Act 1980.. Marshall was dismissed after 14 years on 31 March 1980 . 19 WITH REGARD TO OCCUPATIONAL SOCIAL SECURITY SCHEMES , ARTICLE 3 ( 3 ) OF THE DIRECTIVE PROVIDES THAT WITH A VIEW TO ENSURING IMPLEMENTATION OF THE PRINCIPLE OF EQUAL TREATMENT IN SUCH SCHEMES ' THE COUNCIL , ACTING ON A PROPOSAL FROM THE COMMISSION , WILL ADOPT PROVISIONS DEFINING ITS SUBSTANCE , ITS SCOPE AND THE ARRANGEMENTS FOR ITS APPLICATION ' . Marshall argued that her employer would not have been able to treat a man the same way. Google Scholar. [14] INGMAN, p. 227. In 1980, she was dismissed for the sole reason that she had passed the qualifying age for the British State pension. that may cause loss of life, injury, or other health impacts, as well as damage and loss to property, infrastructure, livelihoods, service provision, ecosystems and environmental resources. The criteria set out in of Van Gend en Loos stated that the provision must be clear and unambiguous, it must be unconditional and it must take effect without further action by the EU or member state. It was later explained that vertical direct effect may also affect bodies that could be described as an emanation of the state. IN ANSWER TO THE QUESTIONS REFERRED TO IT BY THE COURT OF APPEAL BY AN ORDER OF 12 MARCH 1984 , HEREBY RULES : ( 1 ) ARTICLE 5 ( 1 ) OF DIRECTIVE NO 76/207 MUST BE INTERPRETED AS MEANING THAT A GENERAL POLICY CONCERNING DISMISSAL INVOLVING THE DISMISSAL OF A WOMAN SOLELY BECAUSE SHE HAS ATTAINED OR PASSED THE QUALIFYING AGE FOR A STATE PENSION , WHICH AGE IS DIFFERENT UNDER NATIONAL LEGISLATION FOR MEN AND FOR WOMEN , CONSTITUTES DISCRIMINATION ON GROUNDS OF SEX , CONTRARY TO THAT DIRECTIVE . Marshall v Southampton Area Health Authority (case 152/84) [1986] ECR 723; [1986] 1 CMLR 688. Reference for a preliminary . SHE CONTENDED THAT HER DISMISSAL AT THE DATE AND FOR THE REASON INDICATED BY THE RESPONDENT CONSTITUTED DISCRIMINATORY TREATMENT BY THE RESPONDENT ON THE GROUND OF SEX AND , ACCORDINGLY , UNLAWFUL DISCRIMINATION CONTRARY TO THE SEX DISCRIMINATION ACT AND COMMUNITY LAW . attained in the absence of measures appropriate to restore such equality Judgment of the Court of 26 February 1986. It would not therefore be proper to put persons employed by the State in a better position than those who are employed by a private employer. '. Hants Area Health Authority, 1986) and to invalid care allowance (Drake v. DHSS, 1986). List of documents. The ECJ decided in 1986 that the termination of Miss M H Marshall's 42 THE COMMISSION IS OF THE OPINION THAT THE PROVISIONS OF ARTICLE 5 ( 1 ) OF DIRECTIVE NO 76/207 ARE SUFFICIENTLY CLEAR AND UNCONDITIONAL TO BE RELIED UPON BEFORE A NATIONAL COURT . . held a state is any manifestation or organisation under control of a central Many people who by virtue of seeking to enforce a claim under a directive against another individual, will be denied rights which others, in an otherwise similar position, could successfully enforce against the state. In its judgments, the European Court has stressed the fundamental importance of the right to equal treatment under the Treaty of Rome. Southampton and South-West Hamp.shire Area Health Authority (Teaching) [1986] 2 W.L.R. SIMILARLY , THE EXCEPTIONS TO DIRECTIVE NO 76/207 PROVIDED FOR IN ARTICLE 2 THEREOF ARE NOT RELEVANT TO THIS CASE . Where there is any inconsistency between national law and Community law which cannot be removed by means of such a construction, the appellant submits that a national court is obliged to declare that the provision of national law which is inconsistent with the directive is inapplicable. # M. H. Marshall v Southampton and South-West Hampshire Area Health Authority (Teaching). disparities in retirement age.2 The case of Marshall v. Southampton and South West Hampshire Area Health Authority3 has attracted, in this country, more publicity than the other two cases, not least . 39 SINCE THE FIRST QUESTION HAS BEEN ANSWERED IN THE AFFIRMATIVE , IT IS NECESSARY TO CONSIDER WHETHER ARTICLE 5 ( 1 ) OF DIRECTIVE NO 76/207 MAY BE RELIED UPON BY AN INDIVIDUAL BEFORE NATIONAL COURTS AND TRIBUNALS . Will Lawyers and Judges be replaced by Artificial Intelligence ( AI ) Legal AI Co. CaseMine Launches English Law Research System. THE TERM ' DISMISSAL ' CONTAINED IN ARTICLE 5 ( 1 ) OF DIRECTIVE NO 76/207 MUST BE GIVEN A WIDE MEANING ; AN AGE LIMIT FOR THE COMPULSORY DISMISSAL OF WORKERS PURSUANT TO AN EMPLOYER ' S GENERAL POLICY CONCERNING RETIREMENT FALLS WITHIN THE TERM ' DISMISSAL ' CONSTRUED IN THAT MANNER , EVEN IF THE DISMISSAL INVOLVES THE GRANT OF A RETIREMENT PENSION . It could never be horizontally directly affective. 10 THE INDUSTRIAL TRIBUNAL DISMISSED THE APPELLANT ' S CLAIM IN SO FAR AS IT WAS BASED ON INFRINGEMENT OF THE SEX DISCRIMINATION ACT , SINCE SECTION 6 ( 4 ) OF THAT ACT PERMITS DISCRIMINATION ON THE GROUND OF SEX WHERE IT ARISES OUT OF ' PROVISION IN RELATION TO RETIREMENT ' ; THE INDUSTRIAL TRIBUNAL TOOK THE VIEW THAT THE RESPONDENT ' S GENERAL POLICY CONSTITUTED SUCH PROVISION . actually sustained as a result of the dismissal to be made good in full in of opportunity through adequate reparation for the loss and damage sustained 25 IN ADDITION , THE APPELLANT CONSIDERS THAT THE EXCEPTION PROVIDED FOR IN ARTICLE 7 ( 1 ) OF DIRECTIVE NO 79/7 WITH REGARD TO THE DETERMINATION OF PENSIONABLE AGE FOR THE PURPOSES OF GRANTING OLD-AGE AND RETIREMENT PENSIONS , IS NOT RELEVANT SINCE , UNLIKE CASE 19/81 ( BURTON V BRITISH RAILWAYS BOARD ( 1982 ) ECR 555 ), THIS CASE DOES NOT RELATE TO THE DETERMINATION OF PENSIONABLE AGE . Explore contextually related video stories in a new eye-catching way. On appeal, the House of Lords sought clarification from the ECJ, who replied with A Directive may be invoked against a body, whatever its legal form, which has been made responsiblefor providing a public service under the state and has for that purpose special powers beyond those which result in from the normal rules applicable in relations between individuals. On this interpretation a nationalised undertaking such as British Gas would be a public body against which a directive may be enforced, as the House of Lords decided. Cited - M H Marshall v Southampton And South West Hampshire Area Health Authority (Teaching) ECJ 26-Feb-1986 ECJ The court considered the measure of compensation in a successful claim for sex discrimination arising from the health authority's provision of an earlier compulsory retirement age for women compared with that . 3 THE APPELLANT , WHO WAS BORN ON 4 FEBRUARY 1918 , WAS EMPLOYED BY THE RESPONDENT FROM JUNE 1966 TO 31 MARCH 1980 . Download Full PDF Package. 6 IN THAT RESPECT IT APPEARS FROM THE DOCUMENTS BEFORE THE COURT THAT THE RESPONDENT HAS FOLLOWED A GENERAL POLICY SINCE 1975 THAT ' THE NORMAL RETIREMENT AGE WILL BE THE AGE AT WHICH SOCIAL SECURITY PENSIONS BECOME PAYABLE ' . The directive provides for a number of possible exceptions, the details of which are to be laid down by the Member States. HOWEVER , THE LEGISLATION DOES NOT IMPOSE ANY OBLIGATION TO RETIRE AT THE AGE AT WHICH THE STATE PENSION BECOMES PAYABLE . 41 IN SUPPORT OF THAT VIEW , THE APPELLANT POINTS OUT THAT DIRECTIVES ARE CAPABLE OF CONFERRING RIGHTS ON INDIVIDUALS WHICH MAY BE RELIED UPON DIRECTLY BEFORE THE COURTS OF THE MEMBER STATES ; NATIONAL COURTS ARE OBLIGED BY VIRTUE OF THE BINDING NATURE OF A DIRECTIVE , IN CONJUNCTION WITH ARTICLE 5 OF THE EEC TREATY , TO GIVE EFFECT TO THE PROVISIONS OF DIRECTIVES WHERE POSSIBLE , IN PARTICULAR WHEN CONSTRUING OR APPLYING RELEVANT PROVISIONS OF NATIONAL LAW ( JUDGMENT OF 10 APRIL 1984 IN CASE 14/83 VON COLSON AND KAMANN V LAND NORDRHEIN-WESTFALEN ( 1984 ) ECR 1891 ). ON THE INTERPRETATION OF COUNCIL DIRECTIVE NO 76/207/EEC OF 9 FEBRUARY 1976 ON THE IMPLEMENTATION OF THE PRINCIPLE OF EQUAL TREATMENT FOR MEN AND WOMEN AS REGARDS ACCESS TO EMPLOYMENT , VOCATIONAL TRAINING AND PROMOTION , AND WORKING CONDITIONS ( OFFICIAL JOURNAL 1976 , L 39 , P . IN THOSE CIRCUMSTANCES , IT WOULD BE DIFFICULT TO JUSTIFY THE DISMISSAL OF A WOMAN FOR REASONS BASED ON HER SEX AND AGE . Price: 40/h for 1 or 2 hours. In a later case it was set that any one of the elements set out in in the case of Foster need only be satisfied for a body to be found to be an emanation of the state, rather than all three. The ECJ decided in 1986 that the termination of Miss M H Marshall's employment constituted unlawful discrimination on grounds of sex: (1986 ECR 723. 748, the Courtheld thatwhereverthe provisionsa of asdirectiveappear, far 688 Gaz:152/84. the state, and the Directive in question could have vertical direct effect. Looking for a flexible role? The fact that directives can only be vertically effective inevitably creates major anomalies and injustices where an applicants case is against another individual or a private body.

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