RAC: Millions in private parking fines ‘charged illegally’ – BBC News

Posted February 20th, 2015 in appeals, enforcement, fines, news, parking, precedent, proportionality by sally

‘Millions of pounds of parking fines could have been charged illegally, according to the RAC Foundation.’

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BBC News, 20th February 2015

Source: www.bbc.co.uk

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Supreme Court to hear QASA appeal – but rejects claim of threat to advocate independence – Legal Futures

Posted February 13th, 2015 in advocacy, appeals, barristers, news, proportionality, public interest, quality assurance by tracey

‘The barristers challenging the Quality Assurance Scheme for Advocates have today been granted permission to appeal to the Supreme Court. However, the Supreme Court declined permission to appeal against the Court of Appeal’s finding that the principle of independence of the advocate was not infringed by QASA, saying it did not have a real prospect of success.’

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Legal Futures, 12th February 2015

Source: www.legalfutures.co.uk

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Supreme Court: legal expenses insurance premium could not be recovered with costs – OUT-LAW.com

Posted February 2nd, 2015 in appeals, costs, expenses, insurance, news, proportionality, Supreme Court by sally

‘The successful party in a civil court case is not entitled to recover the cost of any ‘after the event’ (ATE) legal expenses insurance premium from an unsuccessful opponent, no mater how “reasonable” it was to have taken out the policy in the first place, the UK’s highest court has ruled.’

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OUT-LAW.com, 30th January 2015

Source: www.out-law.com

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Proportionality rule bites as High Court slashes costs claim by more than half – Litigation Futures

Posted January 16th, 2015 in barristers, fees, news, proportionality, solicitors by sally

‘The High Court has more than halved a successful party’s costs on summary assessment on the basis of proportionality, with the fees charged by the partner running the case hit particularly hard.’

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Litigation Futures, 16th January 2015

Source: www.litigationfutures.com

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Asking for relief – NearlyLegal

‘This is a housing case, but the procedural issue in this decision is only tangentially related to that. Nonetheless, it is a matter worth noting.’

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NearlyLegal, 10th January 2015

Source: www.nearlylegal.co.uk

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A landmark decision for brand owners: Court rules ISP blocking orders extend to trademark rights – RPC IP Hub

‘The High Court has recently granted Richemont a blocking order requiring the five largest ISPs in the UK to prevent access to various third party websites from advertising and selling goods which infringe Richemont’s trade mark rights. This was the first time that such a blocking order had been sought against ISPs on the basis of trade mark infringement anywhere in the EU (other than, perhaps, in the Danish case of Home v Telenor).’

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RPC IP Hub, 8th January 2015

Source: www.rpc.co.uk

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Regina (M) v Chief Constable of Hampshire Constabulary (Secretary of State for the Home Department intervening) – WLR Daily

Regina (M) v Chief Constable of Hampshire Constabulary (Secretary of State for the Home Department intervening) [2014] EWCA Civ 1651 ; [2014] WLR (D) 541

‘Informal visits by the police officers to a registered sex offender’s home seeking entry by consent were in accordance with the law. The scheme for the protection of vulnerable persons from sex offenders as a whole was not disproportionate.’

WLR Daily, 18th December 2014

Source: www.iclr.co.uk

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Jehovah’s Witnesses, and judicial review being a last resort – UK Human Rights Blog

Posted December 18th, 2014 in charities, data protection, human rights, judicial review, news, proportionality by sally

‘Judicial review is an excellent and flexible remedy, filling the gaps when statutory and other appeals do not provide a remedy for unlawful administrative acts or omissions.’

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UK Human Rights Blog, 17th December 2014

Source: www.ukhumanrightsblog.com

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Recovering Inquest Costs in Civil Proceedings – Zenith PI Blog

Posted December 17th, 2014 in costs, damages, disclosure, inquests, legal representation, murder, news, proportionality by sally

The Senior Court Cost Office has handed down a decision in the above case offering additional guidance as to when and what costs of attending an inquest can be recovered in subsequent civil proceedings.

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Zenith PI Blog, 17th December 2014

Source: www.zenithpi.wordpress.com

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QASA barristers in last throw of the dice with appeal to Supreme Court – Legal Futures

‘Four criminal law barristers have appealed to the Supreme Court in their judicial review of the Quality Assurance Scheme for Advocates (QASA) – despite a costs bill which already totals £215,000, Legal Futures can reveal.’

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Legal Futures, 17th December 2014

Source: www.legalfutures.co.uk

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R (Lord Carlile of Berriew QC and others) v Secretary of State for the Home Department – Supreme Court

R (on the application of Lord Carlile of Berriew QC and others) (Appellants) v Secretary of State for the Home Department (Respondent) [2014] UKSC 60 (YouTube)

Supreme Court, 12th November 2014

Source: www.youtube.com/user/UKSupremeCourt

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Colm O’Cinneide and Kate Malleson: Are quotas for judicial appointments lawful under EU law? – UK Constitutional Law Association

‘In April 2014 Sadiq Khan, Shadow Secretary of State for Justice, asked Karon Monaghan QC and Geoffrey Bindman QC to review the options for a future Labour Government to improve diversity in the judiciary. On November 6th their report, entitled “Judicial Diversity: Accelerating change”, was published. Starting from the premise that “[t]he near absence of women and Black, Asian and minority ethnic judges in the senior judiciary is no longer tolerable”, it proposes a range of recommendations designed to speed up the glacial pace of change. Perhaps the most controversial of these is for the introduction of a quota system for women and BAME candidates. The report reviews the use of quotas in other UK institutions as well as their use in judicial appointments processes around the world, before addressing the question of whether such quotas would be lawful under EU law. This is a key question: EU law casts a long shadow in this context, as the Monaghan and Bindman report makes clear, given that any legislation enacted in Westminster to give effect to a quota system in the process of judicial appointments must conform to the requirements of EU law.’

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UK Constitutional Law Association, 12th November 2014

Source: www.ukconstitutionallaw.org

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Be wary of judicial slogans – Jonathan Sumption – UK Human Rights Blog

Posted November 11th, 2014 in human rights, judges, news, proportionality, speeches by tracey

‘In his lecture to the Administrative Law Bar Association earlier this month, Lord Sumption surveys the concept of “anxious scrutiny” – a judicial method which he characterises as a forerunner to the principle of proportionality. The term was actually coined by Lord Bridge in Bugdaycay (1986), and was meant to apply where the rights engaged in a case were sufficiently fundamental, and stretched the traditional “Wednesbury” test to public authority decisions or actions which were not, on the face of it, irrational. (The citation given in the PDF of the speech incidentally is incorrect). The same way of thinking had been arrived at in the US courts a few years earlier, with their “hard look” doctrine, but to Lord Sumption there was something peculiarly English about the “crab-like” way in which our courts approached and eventually acknowledged this doctrine, hitherto alien to the judicial toolbox.’

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UK Human Rights Blog, 10th November 2014

Source: www.ukhumanrightsblog.com

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Anxious Scrutiny – Speech by Lord Sumption

Posted November 6th, 2014 in human rights, news, proportionality, speeches, treaties by sally

Anxious Scrutiny (PDF)

Lord Sumption

Administrative Law Bar Association Annual Lecture, 4th November 2014

Source: www.supremecourt.uk

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Versloot Dredging BV and another v HDI Gerling Industrie Versicherung AG – WLR Daily

Posted October 22nd, 2014 in appeals, fraud, insurance, law reports, proportionality by sally

Versloot Dredging BV and another v HDI Gerling Industrie Versicherung AG [2014] EWCA Civ 1349; [2014] WLR (D) 433

‘The rule that a fraudulent insurance claim deprived the insured of any right to recover anything applied also to fraudulent devices, namely, the making of statements which were known by the insured to be untrue or which were made recklessly, not caring whether they were true or false, in support of a claim honestly believed by him to be good both as to liability and amount.’

WLR Daily, 16th October 2014

Source: www.iclr.co.uk

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Strack v European Commission – WLR Daily

Posted October 7th, 2014 in documents, EC law, freedom of information, law reports, proportionality by sally

Strack v European Commission (Case C‑127/13 P) ECLI:EU:C:2014:2250; [2014] WLR (D) 40

‘An institution of the European Union could, in exceptional circumstances, refuse access to certain documents on the ground that the workload relating to their disclosure would be disproportionate as compared to the objectives set by the application for access to those documents. However, reliance on the principle of proportionality could not allow the time-limits laid down by Parliament and Council Regulation (EC) No 1049/2001 of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (OJ 2001 L145, p 43) to be changed without creating a situation of legal uncertainty.’

WLR Daily, 2nd October 2014

Source: www.iclr.co.uk

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European Convention on Human Rights: What has it ever done for us? – The Independent

‘As the Tories attempt to dilute the treaty’s authority in the UK, James Cusick takes a look at the difference it has made.’

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The Independent, 3rd October 2014

Source: www.independent.co.uk

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Judges at odds over relationship between budgeting and indemnity costs – Litigation Futures

Posted September 1st, 2014 in budgets, costs, indemnities, judges, news, pilot schemes, proportionality by sally

The High Court is at odds over the relationship between budgeting and indemnity costs, after one judge expressly disagreed with the view of another that the costs management order (CMO) should also be the starting point for an assessment of indemnity costs.

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Litigation Futures, 1st September 2014

Source: www.litigationfutures.com

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In re P (A Child) (Adoption: Step-Parent’s Application) – WLR Daily

Posted August 22nd, 2014 in adoption, children, consent, human rights, law reports, proportionality by tracey

In re P (A Child) (Adoption: Step-Parent’s Application); [2014] EWCA Civ 1174; [2014] WLR (D) 381

‘In an adoption application, the key to the approach both to evaluating the needs of a child’s welfare throughout his or her life and to dispensing with parental consent was proportionality. Although the same statutory provisions in respect of welfare and consent, namely sections 1 and 52 of the Adoption and Children Act 2002, applied to an application to adopt by a step-parent, a distinction was to be drawn between adoption in the context of compulsory and permanent placement outside the family against the wishes of the child’s parents, and a step-parent adoption where the child was remaining in the care of one or other of his parents.’

WLR Daily, 15th August 2014

Source: www.iclr.co.uk

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Supreme Court agrees to hear case on eviction and disability discrimination – Local Government Lawyer

‘The Supreme Court has issued a last-minute order to prevent the eviction of a disabled social housing tenant.’

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Local Government Lawyer, 6th August 2014

Source: www.localgovernmentlawyer.co.uk

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