Regina v Fields and others – WLR Daily

Regina v Fields and others [2013] EWCA Crim 2042; [2013] WLR (D) 440

“In a joint benefit case, where each defendant was found to have obtained the joint benefit, he was not required by a confiscation order under the Proceeds of Crime Act 2002 to disgorge benefit he had not obtained and a confiscation order made in the amount matching the correctly assessed benefit, was not disproportionate.”

WLR Daily, 14th November 2013

Source: www.iclr.co.uk

Civil justice reform – another crack in the wall? – Halsbury’s Law Exchange

“The government’s response to the consultation paper on whiplash claims has recently been published. Within it, the government scraps the idea of raising the small claims limit for personal injury claims to £5,000; a measure which would capture most road traffic claims in the UK. It was seen by many as a pivotal brick in the Jackson campaign for proportionate costs, as it would fix the costs entitlement for most whiplash claims at fixed commencement costs for small claims. This would net a significant saving in adverse costs payments at a national level. So, why was a measure of seemingly vital importance discarded so summarily by the government?”

Full story

Halsbury’s Law Exchange, 15th November 2013

Source: www.halsburyslawexchange.co.uk

Extradition: why the government is wrong to remove the automatic right to appeal – Halsbury’s Law Exchange

“The government has come under fire from extradition and human rights practitioners for seeking to remove the automatic right of appeal in extradition cases.”

Full story

Halsbury’s Law Exchange, 15th November 2013

Source: www.halsburyslawexchange.co.uk

Minister voor Immigratie en Asiel v X, Y (Hoog Commissariaat van de Verenigde Naties voor de Vluchtelingen intervening); Z v Minister voor Immigratie en Asiel (Joined Cases C-199/12 to C-201/12) – WLR Daily

Minister voor Immigratie en Asiel v X, Y (Hoog Commissariaat van de Verenigde Naties voor de Vluchtelingen intervening); Z v Minister voor Immigratie en Asiel (Joined Cases C-199/12 to C-201/12);  [2013] WLR (D)  427

“The existence of criminal laws which specifically targeted homosexuals, supported the finding that those persons had to be regarded as forming a ‘particular social group’ within the meaning of Council Directive 2004/83/EC. A term of imprisonment which sanctioned homosexual acts and which was actually applied in the country of origin which adopted such legislation had to be regarded as being a punishment which was disproportionate or discriminatory and thus constituted an act of persecution. When assessing an application for refugee status, the competent authorities could not reasonably expect, in order to avoid the risk of persecution, the applicant for asylum to conceal his homosexuality in his country of origin or to exercise reserve in the expression of his sexual orientation.”

WLR Daily, 7th November 2013

Source: www.iclr.co.uk

Legal bid over David Miranda detention at Heathrow – BBC News

“Lawyers for the partner of a journalist are due back in court in a legal challenge to his airport detention under anti-terrorism laws.”

Full story

BBC News, 6th November 2013

Source: www.bbc.co.uk

Schwarz v Stadt Bochum – WLR Daily

Posted October 22nd, 2013 in EC law, fingerprints, law reports, news, passports, proportionality by tracey

Schwarz v Stadt Bochum: (Case C‑291/12);   [2013] WLR (D)  386

“Article 1(2) of Council Regulation (EC) No 2252/2004 of 13 December 2004 on standards for security features and biometrics in passports and travel documents issued by member states, as amended, which obliged national authorities to take fingerprints of persons applying for passports, was validly adopted and was proportionate to the aim of protecting against the fraudulent use of passports.”

WLR Daily, 17th October 2013

Source: www.iclr.co.uk

In re W (A Child) (Care Proceedings: Court’s Function) – WLR Daily

In re W (A Child) (Care Proceedings: Court’s Function) [2013] EWCA Civ 1227; [2013] WLR (D) 382

“Once a decision to institute care proceedings had been taken the court became the decision-maker until a full order was made. The local authority was required to provide the evidence to enable the judge to undertake the welfare and proportionality evaluations. That included a description of the services that were available and practicable for each placement option and each order being considered by the court. There should be no question of a local authority declining to file its evidence or proposed plans in response to the court’s evaluations. If a local authority made it clear that it would not implement a care plan option about which evidence had been given and which the judge preferred on welfare and proportionality grounds, then in a rare case it could be subjected to challenge in the High Court within the proceedings. In the unlikely event that a local authority declined to abide by a judge’s orders and directions in the future, the judge should inform the local authority’s monitoring officer to make a report to the authority with the intention that the authority was brought back into compliance.”

WLR Daily, 11th October 2013

Source: www.iclr.co.uk

MF (Nigeria) v Secretary of State for the Home Department – WLR Daily

MF (Nigeria) v Secretary of State for the Home Department [2013] EWCA Civ 1192; [2013] WLR (D) 380

“The new immigration rules, introduced by Statement of Changes in Immigration Rules (2012) (HC 194) into Statement of Changes in Immigration Rules (1994) (HC 395), which concerned the deportation of foreign criminals and the evaluation of their article 8 rights under the Convention for the Protection of Human Rights and Fundamental Freedoms, were a complete code. Where a foreign criminal came within the provisions of paragraph 399 or 399A of HC395, as amended,, he could be entitled to leave to remain on a limited or indefinite basis on article 8 grounds, but where those paragraphs did not apply very compelling reasons, described as ‘exceptional circumstances’, would be required to outweigh the public interest in deportation.”

WLR Daily, 8th October 2013

Source: www.iclr.co.uk

Prisoner votes Supreme Court decision expected – BBC News

Posted October 16th, 2013 in appeals, bills, EC law, elections, human rights, news, prisons, proportionality, Supreme Court by sally

“The Supreme Court will rule later whether prisoners have the right to vote under European Union rules – even though they cannot under British law.”

Full story

BBC News, 16th October 2013

Source: www.bbc.co.uk

Senior Costs Judge lays down marker by slashing ATE premium in PPI case – Litigation Futures

Posted October 11th, 2013 in costs, insurance, news, proportionality by sally

“The Senior Costs Judge has slashed the after-the-event (ATE) premium claimed in a payment protection insurance (PPI) case, giving hope to defendants currently facing huge bills for mis-selling.”

Full story

Litigation Futures, 10th October 2013

Source: www.litigationfutures.com

Parties to civil litigation need more guidance on costs, says expert, as High Court declines to approve “disproportionate” budgets – OUT-LAW.com

“Parties to litigation in the civil courts need more guidance about what constitutes an ‘appropriate’ costs budget and the consequences of not meeting the requirements of the new costs management regime, an expert has said.”

Full story

OUT-LAW.com, 8th October 2013

Source: www.out-law.com

Can DNA Sample Requests Be a Breach of the ECHR? – Criminal Law and Justice Weekly

“Is requiring a convicted person to come in to give a DNA sample a breach of the ECHR? Michael Zander considers the first case to look at the question.”

Full story

Criminal Law and Justice Weekly, 5th October 2013

Source: www.criminallawandjustice.co.uk

High Court judge expressly declines to approve “disproportionate” costs budgets – Litigation Futures

Posted October 4th, 2013 in budgets, construction industry, costs, negligence, news, proportionality by sally

“A High Court judge has expressly declined to approve the costs budget of both sides of a construction dispute on the grounds that they were ‘disproportionate and unreasonable’.”

Full story

Litigation Futures, 4th October 2013

Source: www.litigationfutures.com

Denial of contact with father too “draconian” – Court of Appeal – UK Human Rights Blog

“The Court of Appeal has taken the unusual step of reversing a denial of contact order, by reviewing the question of the proportionality of the order in relation to the children’s right to family life under Article 8.”

Full story

UK Human Rights Blog, 26th September 2013

Source: www.ukhumanrightsblog.com

Police ‘containment’ of Palestinian solidarity protester was lawful, rules High Court – UK Human Rights Blog

“The High Court has found that the containment of a protester in a designated protesting pen for seventy five minutes was not unlawful at common law, nor under the Human Rights Act 1998.”

Full story

UK Human Rights Blog, 24th September 2013

Source: www.ukhumanrightsblog.com

Experts acclimatise to tougher post-Jackson life – Litigation Futures

Posted September 25th, 2013 in appeals, evidence, expert witnesses, fees, news, proportionality by sally

“The post-Jackson climate for expert witnesses is ‘leaner and meaner’, according to a leading observer of their work.”

Full story

Litigation Futures, 25th September 2013

Source: www.litigationfutures.com

No breach of privacy to request DNA sample from ex con – UK Human Rights Blog

“The High Court has ruled that it is not a breach of the right to private life to request DNA samples from those who were convicted of serious offences before it became commonplace to take samples for the production of DNA profiles for the investigation of crime.”

Full story

UK Human Rights Blog, 24th September 2013

Source: www.ukhumanrightsblog.com

Ex-prisoner fails to halt police DNA-collection programme – The Guardian

“A former prisoner has failed in a legal challenge that could have forced police to destroy thousands of DNA samples collected from those convicted of serious crimes before 1994.”

Full story

The Guardian, 24th September 2013

Source: www.guardian.co.uk

What Are Care Proceedings For? – Lady Hale

Posted September 19th, 2013 in care orders, children, families, judges, news, parental rights, proportionality, speeches by sally

What Are Care Proceedings For? (PDF)

Zenith Chambers Munkman Lecture, 16th September 2013

Source: www.zenithchambers.co.uk

Paedophile loses bank rule challenge – BBC News

Posted September 18th, 2013 in appeals, banking, child abuse, disclosure, news, police, privacy, proportionality, sexual offences by sally

“A convicted paedophile has lost a legal challenge against rules requiring him to disclose bank details to police.”

Full story

BBC News, 18th September 2013

Source: www.bbc.co.uk