High Court upholds wasted costs order against law firm – Legal Futures

‘A circuit judge was entitled to make a wasted costs order against a firm of solicitors that failed to translate their client’s statement and pleadings for use at trial, the High Court has ruled.’

Full Story

Legal Futures, 18th March 2024

Source: www.legalfutures.co.uk

Solicitors Regulation Authority wins appeal against Solicitors Disciplinary Tribunal costs order – Law Society’s Gazette

‘A judge has overruled the Solicitors Disciplinary Tribunal’s decision to slash the Solicitors Regulation Authority’s costs claim in a strike-off case. The regulator had sought £22,800 in the case last January but the tribunal awarded only £5,000.’

Full Story

Law Society's Gazette, 27th November 2023

Source: www.lawgazette.co.uk

Section 117B Public Interest Considerations Explained – Richmond Chambers

Posted October 4th, 2023 in chambers articles, human rights, news, proportionality, public interest by sally

‘When considering immigration matters involving Article 8 (ECHR), one of the most important factors that decision-makers, courts and tribunals will take into account when reaching their conclusion is whether any of the issues raised run counter to the “public interest”. This concept is defined under s.117B of the Nationality, Immigration and Asylum Act 2002 and comes into play when a court or tribunal has to consider whether an interference with an applicant’s Article 8 rights is proportionate.’

Full Story

Richmond Chambers, 7th September 2023

Source: immigrationbarrister.co.uk

Abramovich ally begins high court challenge against UK sanctions – The Guardian

‘Eugene Shvidler, a longtime ally of the billionaire Roman Abramovich, has accused the UK government of “oppressive treatment” as he launched a legal challenge against sanctions imposed upon him after Russia’s invasion of Ukraine.’

Full Story

The Guardian, 20th July 2023

Source: www.theguardian.com

Subsidy Control reviews: proportionality with a light touch – Competition Bulletin from Blackstone Chambers

Posted April 20th, 2023 in chambers articles, competition, news, proportionality, state aids by sally

‘As erstwhile State aid lawyers will know, under the UK’s new subsidy control regime, interested parties can challenge subsidy decisions in the CAT, which will apply the same principles applied by the High Court in a judicial review. But what standard of review will the CAT adopt when examining a substantive subsidy decision? The recent decision of the Divisional Court in the Bulb case suggests that the answer is proportionality (rather than rationality) – but that the proportionality review may be so light touch as not to add much to the traditional ground.’

Full Story

Competition Bulletin from Blackstone Chambers, 19th April 2023

Source: competitionbulletin.com

Council wins statutory review over original building and proportionality of additions – Local Government Lawyer

Posted March 23rd, 2023 in housing, local government, news, planning, proportionality by tracey

‘A planning inspector’s decision has been quashed by the High Court in a dispute concerning Green Belt building and the unknown dimensions of a home that stood on the site before the present planning system took effect in 1948.’

Full Story

Local Government Lawyer, 23rd March 2023

Source: www.localgovernmentlawyer.co.uk

Anti-strike bill discriminates against women, say campaigners – The Guardian

‘Feminist campaign groups have raised the alarm about the government’s anti-strike bill, which will enforce minimum service levels, saying women’s rights will be disproportionately affected by the restrictions.’

Full Story

The Guardian, 21st February 2023

Source: www.theguardian.com

The planning definition of ‘Gypsies and Travellers’ – Local Government Lawyer

‘Aileen McColgan KC examines a Court of Appeal ruling that the Government’s planning definition of “gypsies and travellers” was unlawfully discriminatory.’

Full Story

Local Government Lawyer, 16th December 2022

Source: www.localgovernmentlawyer.co.uk

Met police chief to reform list of alleged gang members targeting black men – The Guardian

Posted October 31st, 2022 in equality, gangs, London, news, proportionality, race discrimination, statistics by tracey

‘A controversial Metropolitan police list of alleged gang members mainly targeted black men “amplified disproportionality” and must be radically reformed, Britain’s top police officer has said.’

Full Story

The Guardian, 31st October 2022

Source: www.theguardian.com

Residential care, succession and human rights incompatibility – Nearly Legal

‘Dudley Metropolitan Borough Council v Mailley (2022) EWHC 2328 (QB). A quick note on this possession claim, which involves a challenge to Section 87 Housing Act 1985 as incompatible with Article 8 and 14 ECHR.’

Full Story

Nearly Legal, 19th September 2022

Source: nearlylegal.co.uk

Supreme Court Confirms Correct Approach to Deportation Cases – UK Human Rights Blog

‘In Secretary of State for the Home Department v HA (Iraq) [2022] UKSC 22, the Supreme Court has confirmed that the Court of Appeal was right to reject the idea that, when assessing whether it would be unduly harsh (and therefore disproportionate) for a person to be deported from the UK, the degree of harshness that would arise from this should be assessed by reference to a comparison with that which would ‘necessarily’ be involved for any child faced with the deportation of a parent. The Court also provided useful guidance concerning the application of the test for whether there are very compelling circumstances rendering deportation disproportionate in a given case.’

Full Story

UK Human Rights Blog, 6th September 2022

Source: ukhumanrightsblog.com

Proportionality in adoption cases – Local Government Lawyer

‘Lisa Edmunds summarises four decisions about proportionality in adoption cases and sets out the takeaway points for everyday practice.’

Full Story

Local Government Lawyer, 26th August 2022

Source: www.localgovernmentlawyer.co.uk

Upper Tribunal Rejects Points-Based Approach to Article 8 Proportionality Assessment – EIN Blog

‘Immigration judges often need to conduct a balancing exercise to assess where to strike the balance between an individual’s Article 8 right to respect for private and family life and the public interest in maintaining effective immigration control by removing a foreign national to their country of origin.’

Full Story

EIN Blog, 23rd August 2022

Source: www.ein.org.uk

CPS launches Defendants strategy with pledge to focus on mental health, youth justice and disproportionality – Crown Prosecution Service

‘A commitment to fairness for all parties is at the heart of a new Defendants Strategy, launched today by the Crown Prosecution Service (CPS).’

Full Story

Crown Prosecution Service, 13th July 2022

Source: www.cps.gov.uk

Clause Seven of the Bill of Rights Bill: Diluting Rights Protection and Undermining Parliamentary Democracy – Oxford Human Rights Hub

‘If enacted in its present form the Bill of Rights Bill would compromise judicial independence, dilute ECHR rights protection, and undermine the principle of parliamentary democracy that it purports to protect. The Bill seeks to repeal the Human Rights Act 1998 (HRA 1998) in full and replace it with legislation which, according to a Government press release, will “ensure courts cannot interpret laws in ways that were never intended by Parliament”. It also seeks to inject a “healthy dose of common sense” into courts’ protection of Convention rights.’

Full Story

Oxford Human Rights Hub, 27th June 2022

Source: ohrh.law.ox.ac.uk

Supreme Court to rule next week on appellate courts, proportionality assessments and care orders – Local Government Lawyer

‘The Supreme Court will next week (15 June) hand down its ruling on whether, when an appellate court reviews a first instance decision concerning the proportionality of orders made under the courts’ obligations under the Human Rights Act 1998, it is necessary for the appellate court to undertake its own proportionality assessment of that decision.’

Full Story

Local Government Lawyer, 9th June 2022

Source: www.localgovernmentlawyer.co.uk

Dual national Pakistani killer who renounced British citizenship loses deportation battle in Court of Appeal – EIN Blog

‘Zulfiqar v Secretary of State for the Home Department [2022] EWCA Civ 492 (14 April 2022). In this important judgment on deportation, dual nationality, foreign criminals, executive powers and duties, proportionality, public interest and the right to respect for private and family life, the Court of Appeal has unanimously held that a person’s status as a foreign criminal status within the meaning of section 32 of the UK Borders Act 2007 and section 117C of the Nationality, Immigration and Asylum Act 2002 has to be determined at the date of the decision to make a deportation order.’

Full Story

EIN Blog, 13th May 2022

Source: www.ein.org.uk

The “unduly harsh” test considered further by Court of Appeal – EIN Blog

‘The question of how to determine whether or not the deportation of a foreign national convicted of criminal offending is a disproportionate interference in the family life that they may share with their partner or child has been explored in a series of cases, including the leading decisions of KO (Nigeria) (Appellant) v Secretary of State for the Home Department [2018] UKSC 53 and HA (Iraq) [2020] EWCA Civ 1176 and has been discussed in detail on the UK Human Rights blog here, here and here.’

Full Story

EIN Blog, 26th April 2022

Source: www.ein.org.uk

HS2 protestor’s conviction proportionate with human rights, High Court rules – OUT-LAW.com

‘The English and Welsh Divisional Court has found that it is proportionate to convict a protestor of trespass, providing potential reassurance to companies whose business is disrupted through protests.’

Full Story

OUT-LAW.com, 5th April 2022

Source: www.pinsentmasons.com

Case Comment: R (on the application of Z) v Hackney LBC [2020] UKSC 40 – UKSC Blog

‘The narrow result of this appeal is that, on the facts, it was proportionate and lawful for a charity to restrict the allocation of its housing stock to Orthodox Jewish families. However, in reaching that conclusion, Lord Sales, giving the leading judgment, made a number of points of wider importance.’

Full Story

UKSC Blog, 4th April 2022

Source: ukscblog.com