Julian Assange: Scotland Yard ends 24-hour guard on Ecuadorian embassy – Daily Telegraph

Posted October 13th, 2015 in costs, embassies, extradition, news, police, proportionality by tracey

‘Police officers have stopped guarding the embassy in London where the Wikileaks founder took refuge, saying it is no longer “proportionate.” ‘

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Daily Telegraph, 12th October 2015

Source: www.telegraph.co.uk

CJEU ruling on prisoner voting – open door for successful UK challenge? – UK Human Rights Blog

Posted October 9th, 2015 in EC law, elections, France, news, prisons, proportionality by tracey

‘Delvigne (Judgment), [2015] EUECJ C-650/13. In a judgment much anticipated on both sides of the Channel, the Court of Justice of the European Union (“CJEU”) has held that French restrictions on the eligibility of prisoners to vote are lawful under EU law.’

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UK Human Rights Blog, 9th October 2015

Source: www.ukhumanrightsblog.com

EU court ruling favours UK prisoner vote ban – BBC News

Posted October 6th, 2015 in EC law, elections, human rights, news, prisons, proportionality by sally

‘The UK’s ban on prisoners’ rights to vote looks set to continue after a ruling by the European Court of Justice on a case in France.’

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BBC News, 6th October 2015

Source: www.bbc.co.uk

‘Vilified’ doctor cannot publish patient’s private information – Panopticon

‘In the Matter of C (A Child) (Application by Dr X and Y) [2015] EWFC 79 involved, in the words of Munby J, an unusual and indeed unprecedented application. It pitted the right to defend one’s reputation against the privacy and confidentiality rights of others. In this case, the latter won.
Dr X had treated C and C’s mother; he had also been an expert witness in the family court care proceedings concerning C. C’s mother was unhappy about the treatment given by Dr X. She complained about him to the GMC, whose Fitness to Practise panel in due course found the allegations against Dr X to be unproven. C’s mother also criticised Dr X publicly in the media.’

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Panopticon, 1st October 2015

Source: www.panopticonblog.com

Donating embryos for medical research–a human rights minefield – Halsbury’s Law Exchange

Posted September 25th, 2015 in consent, EC law, embryology, human rights, Italy, jurisdiction, news, privacy, proportionality by sally

‘The case of Parrilo v Italy [2015] ECHR 755, decided by the Grand Chamber of the ECt.HR (16-1), that Italian legislation banning the donation of embryos obtained by IVF for scientific research was within Italy’s margin of appreciation and thus was not in breach of the applicant’s (Ms Parillo) right to private life and autonomy under Article 8 of the ECHR.’

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Halsbury’s Law Exchange, 24th September 2015

Source: www.halsburyslawexchange.co.uk

Pressure grows to scrap controversial new financial penalties for anyone convicted of a crime -The Independent

‘The outcry over the new financial penalties for anyone convicted of a crime presents Michael Gove with a crucial test of his willingness to jettison flawed policies inherited from Chris Grayling, his predecessor as Justice Secretary and Lord Chancellor.’

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The Independent, 11th September 2015

Source: www.independent.co.uk

Refusing a subject access request: proportionality, anxious scrutiny and judicial discretion – Panopticon

Posted August 26th, 2015 in burden of proof, data protection, disclosure, news, police, proportionality by sally

‘Zaw Lin and Wai Phyo v Commissioner of Police for the Metropolis [2015] EWHC 2484 (QB), a judgment of Green J handed down today, is an interesting – if somewhat fact-specific – contribution to the burgeoning body of case law on how subject access requests (SARs) made under the Data Protection Act 1998 (DPA) should be approached, both by data controllers and by courts.’

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Panopticon, 25th August 2015

Source: www.panopticonblog.com

Late amendments – A new approach – Hardwicke Chambers

Posted July 28th, 2015 in amendments, appeals, costs, news, proportionality by sally

‘In CIP Properties (AITP) Limited v Galliford Try Infrastructure Limited Anors (No.3) [2015] EWHC 1345 (TCC) Coulson J reviewed the post-Jackson authorities governing amendments to statements of case. The judgment leaves little doubt that there is a new approach to applications to amend and that courts will be much more willing to consider questions of procedural prejudice when determining whether permission should be granted.’

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Hardwicke Chambers, 10th June 2015

Source: www.hardwicke.co.uk

Old conditional fee agreements did not breach human rights law, Supreme Court rules – OUT-LAW.com

Posted July 27th, 2015 in costs, fees, human rights, insurance, news, proportionality, Supreme Court by sally

‘A speedway track operator must pay the legal expenses of the couple who successfully sued it for noise-related nuisance after the UK’s highest court ruled that the old fee recovery regime did not breach its right to a fair trial.’

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OUT-LAW.com, 24th July 2015

Source: www.out-law.com

Sylvie Beghal, wife of terrorist, loses human rights court battle – BBC News

‘The wife of a convicted terrorist, who was prosecuted after refusing to submit to a police interrogation, has lost her human rights case in the Supreme Court.’

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BBC News, 22nd July 2015

Source: www.bbc.co.uk

Time to banish “procedural squabbles” to keep costs proportionate, says senior judge – Litigtaion Futures

‘Unreasonableness, intransigence and the taking of every point must now be regarded as unacceptable in the post-Jackson world, a High Court judge has warned in setting out how to comply with the overriding objective to deal with cases at proportionate cost.’

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Litigation Futures, 13th July 2015

Source: www.litigationfutures.com

Judge was wrong to accuse solicitors of exaggerating bill, Court of Appeal rules – Litigation Futures

‘The High Court was wrong to strike out a claim over unpaid fees brought by a firm of solicitors on the basis of alleged exaggeration and inaccurate sums, without hearing any witnesses, the Court of Appeal has ruled.’

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Litigation Futures, 9th July 2015

Source: www.litigationfutures.com

Bar student who failed single module loses JR over having to retake entire BPTC – Legal Futures

Posted July 9th, 2015 in barristers, examinations, legal education, news, proportionality by sally

‘A mature Bar student has lost a judicial review against the Bar Standards Board (BSB) after a two-time failure to pass a single module on opinion writing meant he in turn failed the Bar Professional Training Course (BPTC) and would have to take entire course again before moving onto pupillage.’
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Legal Futures, 8th July 2015

Source: www.legalfutures.co.uk

Of Megabytes and Men: the private use exception under the judicial lens and lessons for state aid claims – Competition Bulletin from Blackstone Chambers

Posted July 3rd, 2015 in copyright, EC law, judicial review, news, proportionality, state aids by tracey

‘On 19 June 2015, the High Court allowed a claim for judicial review against the decision to introduce a narrow “private copying” exception to the Copyright, Designs and Patents Act 1988 (the “CDPA 1988”). The decision is of interest to EU and competition lawyers for two reasons: (1) its examination of the standard of review in public law cases with an EU law dimension and also (2) its analysis of the state aid issues which were raised.’

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Competition Bulletin from Blackstone Chambers, 2nd July 2015

Source: www.competitionbulletin.com

Regina (Lumsdon and others) v Legal Services Board – WLR Daily

Regina (Lumsdon and others) v Legal Services Board [2015] UKSC 41; [2015] WLR (D) 270

‘The decision of the Legal Services Board to approve the Quality Assurance Scheme for Advocates (“QASA”), introduced by the regulators to assess the performance of criminal advocates in England and Wales, complied with the requirements of article 9 of Parliament and Council Directive 2006/123/EC and regulation 14 of the Provision of Services Regulations 2009 (SI 2009/2999), and was proportionate and lawful.’

WLR Daily, 24th June 2015

Source: www.iclr.co.uk

Supreme Court on EU and ECHR proportionality – back to basics – UK Human Rights Blog

‘The Supreme Court has reminded us, in a tour de force by Lord Reed, that there is no such thing as one-stop proportionality. It varies between ECHR and EU law, and the tests of EU proportionality then vary according to the nature of the EU issue in play.’

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UK Human Rights Blog, 27th June 2015

Source: www.ukhumanrightsblog.com

UK private copyright exception ‘unlawful’, rules High Court – OUT-LAW.com

Posted June 23rd, 2015 in compensation, copyright, EC law, intellectual property, news, proportionality by tracey

‘The UK’s private copying regime is “unlawful”, the High Court has ruled.’

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OUT-LAW.com, 19th June 2015

Source: www.out-law.com

Legal challenge against Data Retention and Investigatory Powers Act reaches High Court – OUT-LAW.com

‘A legal challenge fronted by two UK MPs against communications surveillance laws passed last year has reached the High Court.’

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OUT-LAW.com, 4th June 2015

Source: www.out-law.com

International Energy Group Ltd v Zurich Insurance plc (Association of British Insurers and another intervening) – WLR Daily

International Energy Group Ltd v Zurich Insurance plc (Association of British Insurers and another intervening) [2015] UKSC 33; [2015] WLR (D) 233

‘At common law, an employer who had compensated an employee for exposing him to mesothelioma was only entitled to an indemnity under his liability insurance to the extent of the proportion which the policy period bore to the whole period of the employee’s exposure by the employer but could recover 100% per cent of the defence costs incurred in defending the employee’s claim.

WLR Daily, 20th May 2015

Source: www.iclr.co.uk

Election ‘most disproportionate in history’ say campaigners – BBC News

Posted June 2nd, 2015 in constitutional reform, elections, news, proportionality, reports by sally

‘The 2015 general election was the “most disproportionate in British history”, the Electoral Reform Society has said.’

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BBC News, 1st June 2015

Source: www.bbc.co.uk