The Intricacies of Proportionality – Katherine Barnes – UK Human Rights Blog

Posted August 13th, 2018 in criminal records, human rights, news, proportionality, Supreme Court by sally

‘The Supreme Court has given important guidance on the correct approach of the appellate courts to assessing proportionality under the ECHR. The main issue before the court was whether an Enhanced Criminal Record Certificate (“ECRC”) issued in respect of the appellant, AR, under s.113B of the Police Act 1997 is compatible with Article 8 of the Convention on Human Rights.’

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UK Human Rights Blog, 12th August 2018

Source: ukhumanrightsblog.com

Including acquitted allegations in an Enhanced Criminal Record Certificate – UK Police Law Blog

Posted August 2nd, 2018 in appeals, criminal records, disclosure, news, police, proportionality, Supreme Court, taxis by tracey

‘The Supreme Court in R (AR) v CC Greater Manchester Police [2018] UKSC 47 upheld the inclusion of information in an enhanced criminal record certificate (ECRC) that a person had been acquitted of rape. The judgment shows the importance of chief officers considering with great care the various factors in order to strike a fair balance between the rights of the individual applying for the ECRC as opposed to the wider rights of the community, including vulnerable persons.’

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UK Police Law Blog, 1st August 2018

Source: ukpolicelawblog.com

Disability Discrimination and Proportionality in Possession Proceedings – Zenith PI Blog

Posted July 30th, 2018 in disability discrimination, news, proportionality, repossession by sally

‘Discussion of two recent cases of Eales v Havering London Borough Council unreported (decision of Sir Alistair Macduff in the QBD of 13th July 2018) and Paragon Asra Housing LTD (formerly known as Paragon Community Housing Ltd) v James Neville [2018] EWCA Civ 1712.’

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Zenith PI Blog, 27th July 2018

Source: zenithpi.wordpress.com

Costs judge applies ‘wider criteria’ in proportionality dispute – Law Society’s Gazette

Posted July 11th, 2018 in costs, injunctions, news, proportionality by tracey

‘A costs judge has refused to pare a defendant’s costs after finding she should not have to bear the consequences of the claimant’s conduct.’

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Law Society's Gazette, 10th July 2018

Source: www.lawgazette.co.uk

The right to die – who decides? – UK Human Rights Blog

Posted July 9th, 2018 in assisted suicide, bills, human rights, news, proportionality by sally

‘In R. (on the application of Conway) v Secretary of State for Justice [2018] EWCA Civ 1431 the Court of Appeal held that the blanket ban on assisted suicide in the Suicide Act 1961 s.2(1) was a necessary and proportionate interference with the ECHR art.8 rights of the appellant.’

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UK Human Rights Blog, 9th July 2018

Source: ukhumanrightsblog.com

Costs can be proportionate even if they exceed damages, Senior Costs Judge says – Litigation Futures

Posted June 18th, 2018 in costs, damages, interception, news, privacy, proportionality by sally

‘The proportionality test does not prevent the recovery of costs that are higher than the sums at issue in litigation, the Senior Costs Judge has said in allowing such a recovery by a host of celebrities awarded damages in the Mirror Group Newspapers (MGN) phone hacking litigation.’

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Litigation Futures, 14th June 2018

Source: www.litigationfutures.com

Master takes axe to phone-hacking claimants’ partner-heavy costs budgets – Litigation Futures

Posted June 1st, 2018 in budgets, costs, interception, news, proportionality, solicitors by sally

‘The High Court has criticised a law firm’s “very heavy reliance on partner time”, and the “astonishing” amount of time junior counsel was planning to spend in preparing for trial, as it slashed by more than half many of their budgeted costs for representing two claimants in the phone hacking litigation against Mirror Group Newspapers.’

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Litigation Futures, 30th May 2018

Source: www.litigationfutures.com

Julian Assange saga: judge to rule on arrest warrant – The Guardian

Posted February 13th, 2018 in bail, Crown Prosecution Service, news, proportionality, warrants by sally

‘It is nearly six years since Julian Assange disguised himself as a motorcycle courier and entered the Ecuadorian embassy in London to seek political asylum. His subsequent legal battle, so vast and protracted a CPS lawyer once deemed it “like an industry in itself”, comes to a pivotal moment on Tuesday, when a judge will rule on whether the warrant for his arrest has become disproportionate.’

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The Guardian, 13th February 2018

Source: www.theguardian.com

It’s a hard life for under pressure costs judges after proportionality ruling bites the dust – Litigation Futures

Posted January 8th, 2018 in civil procedure rules, costs, news, nuisance, proportionality by sally

‘A circuit judge has more than doubled the amount that Queen guitarist Brian May can recover after he settled a private nuisance dispute, ruling that the costs judge at first instance had misapplied the new proportionality test.’

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Litigation Futures, 8th January 2018

Source: www.litigationfutures.com

Proportionality, the Margin of Appreciation and our Human Rights – in Plain English – Rights Info

Posted December 8th, 2017 in homosexuality, human rights, news, obscenity, privacy, proportionality by sally

‘This week marks the 41st anniversary of the judgment in Handyside v UK. This was a milestone judgment as it introduced a crucial concept for decision-making in human rights cases, the margin of appreciation.’

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Rights Info, 7th December 2017

Source: rightsinfo.org

The New POCA Frontier: Bitcoin and Electronic Currency, Shaping Asset Recovery in the 21st Century – Drystone Chambers

‘The question of whether the Proceeds of Crime Act 2002 (POCA) can be used to deal with Bitcoins¹ and electronic currencies has been the subject of some speculation by specialist practitioners recently. In my view it can be utilised, but it is not ideal. I will not deal with the technical difficulties in finding bitcoin accounts; what I will concentrate on in this article is finding the correct legal tools to recover the assets and what other options are available when it does not work.’

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Drystone Chambers, 23rd October 2017

Source: drystone.com

High Court: proportionality is about more than ‘damages v costs’ – Litigation Futures

Posted November 14th, 2017 in case management, costs, damages, news, proportionality by tracey

‘Proportionality involves more than simply comparing budgets with the size of the damages claimed, a High Court judge has made clear in deciding that costs management should be applied in a case worth £350m.’

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Litigation Futures, 14th November 2017

Source: www.litigationfutures.com

Appeal court orders proportionality test case revisit – Law Society’s Gazette

Posted November 8th, 2017 in appeals, civil procedure rules, costs, interpretation, judges, news, proportionality by tracey

‘The Court of Appeal has asked a costs judge to look again at the application of proportionality after ruling the new test was incorrectly applied. In the long-awaited appeal in BNM v MGN, master of the rolls Sir Terence Etherton held that senior costs judge Gordon-Saker had been wrong in principle to subject recoverable base cost and additional liabilities to the new proportionality rule.’

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Law Society's Gazette, 7th November 2017

Source: www.lawgazette.co.uk

Chris Ferguson discusses; Proportionality and Integrity – Park Square Barristers

Posted October 20th, 2017 in care orders, children, fostering, grandparents, news, placement orders, proportionality by sally

‘Not long ago I represented a pair of maternal grandparents in a case in Teesside. They had been closely involved with the family over a period of years, although the mother of the two girls at the heart of the case had moved away (not far) during recent times. The mother had various problems and the father barely featured in the proceedings. A few years back the grandparents had actually taken the older girl under their wing for a while (prior to the birth of her sister) and the girls’ older brother was living with them full time under a court order.’

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Park Square Barristers, 6th October 2017

Source: www.parksquarebarristers.co.uk

Fining property manager £5k “completely disproportionate”: tribunal judge – Local Government Lawyer

Posted October 6th, 2017 in agency, compensation, fines, landlord & tenant, news, proportionality by tracey

‘A council’s imposition of a £5,000 fine on a property management business for failing to be a member of a redress scheme for three weeks was “unreasonable in the circumstances and completely disproportionate”, a tribunal judge has said.’

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Local Government Lawyer, 5th October 2017

Source: localgovernmentlawyer.co.uk

Supreme Court to hear appeal against defective service ruling in law firm negligence case – Litigation Futures

‘The Supreme Court will hear an appeal in November by a litigant in person over the defective service of a negligence claim against a Midlands law firm, it has been confirmed.’

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Litigation Futures, 29th September 2017

Source: www.litigationfutures.com

Harrison v. University Hospitals – Hailsham Chambers

Posted July 5th, 2017 in appeals, budgets, costs, news, proportionality, reasons by sally

‘In a decision handed down yesterday, the Court of Appeal in Harrison v University Hospitals Coventry & Warwickshire NHS Trust [2017] EWCA Civ 791 determined important issues in costs budgeting. They are of relevance to all practitioners.’

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Hailsham Chambers, 22nd June 2017

Source: zm4b8103lu53ydv9q1e2go51-wpengine.netdna-ssl.com

Supreme Court rules against the Home Secretary on ‘Deport First, Appeal Later’ – No. 5 Chambers

‘The Supreme Court has allowed appeals in R (Kiarie) and R (Byndloss) v Secretary of State for the Home Department [2017] UKSC 42 by persons whom the Home Secretary wished to deport even before they had had a chance to appeal to a tribunal on human rights grounds against the deportation decision. It has concluded that the very system of appealing from abroad in such cases simply does not provide an effective right of appeal.’

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No. 5 Chambers, 14th June 2017

Source: www.no5.com

“No value in making general comment on incurred costs” says chief master – Litigation Futures

Posted July 5th, 2017 in budgets, costs, news, proportionality by sally

‘The chief master of the Chancery Division has outlined considerable reservations about making a comment on incurred costs as part of the budgeting process, saying there is “little or no value” in recording a general comment such as that they are “too high”.’

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Litigation Futures, 4th July 2017

Source: www.litigationfutures.com

Costs: Appeal court backs Merrix stance on budget status – Law Society’s Gazette

Posted June 22nd, 2017 in budgets, civil procedure rules, costs, news, proportionality by tracey

‘An approved budget cannot be re-opened by a costs judge at detailed assessment unless there is “good reason” to do so, the Court of Appeal held today in a much-awaited ruling in Harrison v University Hospitals Coventry & Warwickshire NHS Trust.’

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Law Society's Gazette, 21st June 2017

Source: www.lawgazette.co.uk