High Court judge tells parties to have another go at disproportionate budgets – Litigation Futures

Posted March 23rd, 2016 in budgets, costs, news, proportionality by tracey

‘A £5m costs budget for a claim worth just over £7m has been ruled disproportionate, with the claimants told to return to the High Court with a new figure.’

Full story

Litigation Futures, 22nd March 2016

Source: www.litigationfutures.com

High Court rejects Clifford’s attempt to slash costs through “inadequate” Calderbank offer – Litigation Futures

Posted March 21st, 2016 in costs, damages, news, part 36 offers, privacy, proportionality, striking out by tracey

‘The High Court has rejected jailed publicist Max Clifford’s attempt to limit his costs to only £5,000 in a privacy claim by making an “inadequate” Calderbank offer.’

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Litigation Futures, 21st March 2016

Source: www.litigationfutures.com

Speech by Mr Justice Singh: Making Judgments on Human Rights Issues – Courts and Tribunals Judiciary

Posted March 11th, 2016 in human rights, proportionality, sex discrimination, speeches by tracey

‘Human Rights Law Centre Annual Lecture 2016.’

Full speech

Courts and Tribunals Judiciary, 9th March 2016

Source: www.judiciary.gov.uk

‘Law-abiding’ rapist let back into Britain because it would break EU law to deport him to Romania – Daily Telegraph

Posted February 29th, 2016 in appeals, deportation, EC law, human rights, immigration, news, proportionality, rape by sally

‘Married father-of-three Mircea Gheorghiu is allowed to return to the UK after being sent back to his home country last year.’

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Daily Telegraph, 28th February 2016

Source: www.telegraph.co.uk

‘Disproportionate’ disclosure application denied in swaps mis-selling claim – Commercial Disputes Blog

‘In Claverton Holdings Ltd v Barclays Bank plc, the Commercial Court rejected an application by the claimant for specific disclosure against the defendant bank. The court found that the documents sought, which related to other mis-selling allegations against the bank employees featuring in the claimant’s case, would have little probative value and adducing them would place a disproportionate burden on the defendant.’

Full story

Commercial Disputes Blog, 16th February 2016

Source: www.rpc.co.uk

New offences and sentencing – Law Society’s Gazette

‘Two further significant provisions of the Serious Crime Act 2015 have been brought into force. First, on 10 November 2015, section 79 created section 40CB of the Prison Act 1952, which provides for an offence of throwing any article or substance into a prison without authorisation.’

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Law Society’s Gazette, 22nd February 2016

Source: www.lawgazette.co.uk

Jake W. Rylatt and Joseph Tomlinson: Neuberger’s Novelties: Keyu and the Substantive Review Debate – UK Constitutional Law Association

Posted February 18th, 2016 in inquiries, judicial review, news, proportionality by sally

‘Over the past few decades, the question of substantive review has provided one of the liveliest debates in public law. However, despite a myriad of contributions from courts and legal commentators, we are still left with little certainty as to its nature, scope, and structure. As we near 70 years since Lord Greene’s landmark decision in Wednesbury, and despite some interesting and innovative recent additions to the debate, a distinct sense of fatigue has begun to set in.’

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UK Constitutional Law Association, 17th February 2016

Source: www.ukconstitutionallaw.org

Heterosexual Civil Partnership Refusal Not A Human Rights Breach – UK Human Rights Blog

‘Steinfeld & Anor v The Secretary of State for Education [2016] EWHC 128 (Admin). The High Court has ruled in the case of Steinfeld and Keidan v Secretary of State for Education, a human rights challenge to the law of Civil Partnerships. Mrs Justice Andrews ruled that the current law does not breach the human rights of opposite-sex couples who cannot obtain a Civil Partnership.’

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UK Human Rights Blog, 31st January 2016

Source: www.ukhumanrightsblog.com

Investigatory powers bill: snooper’s charter lacks clarity, MPs warn – The Guardian

‘The government’s investigatory powers bill lacks clarity and is sowing confusion among tech firms about the extent to which “internet connection records” will be collected, a parliamentary select committee has warned.’

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The Guardian, 1st February 2016

Source: www.guardian.co.uk

Criminal record disclosure checks ruled ‘unlawful’ – BBC News

Posted January 25th, 2016 in criminal records, disclosure, employment, news, proportionality, vetting by sally

‘Two people who claimed their careers were being blighted by having to disclose their minor criminal convictions to employers have won their case at the High Court.’

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BBC News, 22nd January 2016

Source: www.bbc.co.uk

Finding proportionality in surveillance laws – OUP Blog

Posted January 19th, 2016 in bills, investigatory powers, news, proportionality by sally

‘The United Kingdom Parliament is currently in the pre-legislative scrutiny phase of a new Investigatory Powers Bill, which aims to “consolidate existing legislation and ensure the powers in the Bill are fit for the digital age.” It is fair to say this Bill is controversial with strong views being expressed by both critics and supporters of the Bill. Against this backdrop it is important to cut through the rhetoric and get to the heart of the Bill and to examine what it will do and what it will mean in terms of the legal framework for British citizens, and indeed for those overseas.’

Full story

OUP Blog, 17th January 2016

Source: www.blog.oup.com

High Court: you can beat up a burglar without breaching their human rights – Daily Telegraph

Posted January 18th, 2016 in burglary, human rights, news, proportionality, self-defence by tracey

‘Householders can use a “disproportionate” level of force to protect themselves against intruders in their home, the High Court has confirmed in a landmark ruling.’

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Daily Telegraph, 16th January 2016

Source: www.telegraph.co.uk

Court of Appeal considers EU deportation, public revulsion and “imperative grounds” – Free Movement

‘In Secretary of State for the Home Department v Straszewski [2015] EWCA Civ 1245 (03 December 2015) Moore-Bick LJ, giving the leading judgment, finds that public revulsion is not generally relevant to decisions to deport under EU law.’

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Free Movement, 6th January 2016

Source: www.freemovement.org.uk

David Miranda in fresh challenge over Heathrow detention – The Guardian

‘David Miranda, the partner of the former Guardian journalist Glenn Greenwald, has launched a fresh appeal challenging the legality of his detention under counter-terrorism powers for nine hours at Heathrow airport in 2013.’

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The Guardian, 8th December 2015

Source: www.guardian.co.uk

Making new criminal offences – Ministry of Justice

Posted December 3rd, 2015 in crime, criminal justice, Ministry of Justice, news, proportionality by tracey

‘This guidance is for officials who may be considering creating new criminal offences or amending existing criminal offences.’

Full guidance

Ministry of Justice, 2nd December 2015

Source: www.gov.uk/government/organisations/ministry-of-justice

Speech by Lord Dyson: Is Judicial Review a Threat to Democracy? – Courts and Tribunals Judiciary

Posted December 3rd, 2015 in civil justice, judicial review, proportionality, speeches by tracey

‘Speech by Rt Hon Lord Dyson, Master of the Rolls at The Sultan Azlan Shah Lecture.’

Full speech

Courts and Tribunals Judiciary, 2nd December 2015

Source: www.judiciary.gov.uk

Judge questions ‘astonishing’ £1.3m for consultancy fees – Law Society’s Gazette

‘The High Court has sent a strong signal to law firms ‘sub-contracting’ disclosure work to third parties.’

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Law Society’s Gazette, 2nd December 2015

Source: www.lawgazette.co.uk

Ruling on interim costs payment reveals judge’s proportionality concern – Litigation Futures

Posted November 13th, 2015 in costs, law firms, negligence, news, proportionality by tracey

‘A claimant law firm has been given a major shot across the bows over its costs claim in a clinical negligence case after a High Court judge heavily reduced the sum its client sought as payment on account of costs, on the grounds of both proportionality and necessity.’

Full story

Litgiation Futures, 13th November 2015

Source: www.litigationfutures.com

Radicalisation: a proportionate response – Family Law Week

‘Sarah Williams, Legal Team Leader, Social Care Team, at London Borough of Tower Hamlets, considers the high-profile cases recently heard in the Family Division of the High Court where children or families have been considered at risk of radicalisation and, in some cases, travelling to Syria or Iraq, together with the judicial responses to those cases.’

Full story

Family Law Week, 28th October 2015

Source: www.familylawweek.co.uk

Criminal courts charge denied compensation to rape victim, MPs told – The Independent

‘A rape victim did not get compensation from her attacker because of the Government’s controversial new court charge, MPs have been told.’

Full story

The Independent, 27th October 2015

Source: www.independent.co.uk