I haven't read the Telegraph article, for obvious reasons, but apparently the opinion in question dates back to 1987. And while I'm no expert on the ECHR, I have been required to deal with ECHR arguments in the course of my professional practice, and I'd say it's obviously complete bollocks. To use the technical legal terminology.
The idea that the supreme court could rule that an act of parliament is unlawful (which is what the school VAT thing will become) is deeply undemocratic.
I haven't read the Telegraph article, for obvious reasons, but apparently the opinion in question dates back to 1987. And while I'm no expert on the ECHR, I have been required to deal with ECHR arguments in the course of my professional practice, and I'd say it's obviously complete bollocks. To use the technical legal terminology.