There have been several domestic cases in which claims have been dismissed1 because the court has held that the claimant was not analogous to the chosen comparator, including findings that different categories of prisoners2, persons with different sorts of property rights3 and those with different residence or citizenship qualifications4 are not proper comparators for the purposes of Article 145.
The European Court of Human Rights has sometimes elided its consideration of the issue of analogous situations with that of justification and the Court of Appeal has suggested that this relationship could usefully be approached by asking whether the circumstances of
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