proportionality – Page 19 – Current Awareness

Cusack v Harrow London Borough Council – WLR Daily

Posted June 26th, 2013 in human rights, law reports, local government, parking, proportionality, road traffic by sally

Cusack v Harrow London Borough Council [2013] UKSC 40; [2013] WLR (D) 250

“A highway authority had power under section 80 of the Highways Act 1980 to erect barriers so as to prevent vehicular access to a frontager’s forecourt, without paying compensation, in order to safeguard users of the highway and the fact that section 66(2) of the same Act conferred an alternative power to achieve the same object, which was subject to compensation, was immaterial.”

WLR Daily, 19th June 2013

Source: www.iclr.co.uk

Bank Mellat v HM Treasury (Liberty intervening) (Nos 1 and 2) – WLR Daily

Posted June 24th, 2013 in banking, closed material, Iran, jurisdiction, law reports, proportionality, Supreme Court, terrorism by sally

Bank Mellat v HM Treasury (Liberty intervening) (Nos 1 and 2) [2013] UKSC 38; [2013] UKSC 39; [2013] WLR (D) 244

“The Supreme Court had jurisdiction to entertain a closed material procedure on an appeal from decisions of the courts of England and Wales on applications brought under section 63 of the Counter-Terrorism Act 2008. On very rare occasions it would be appropriate for the court to go into closed session for that purpose and in the circumstances of the present appeal it would do so.”

WLR Daily, 19th June 2013

Source: www.iclr.co.uk

Rule 25.1 and the President’s Guidance in H-L – A ‘necessary’ evil? – Family Law Week

Posted June 24th, 2013 in appeals, costs, expert witnesses, family courts, news, proportionality, time limits by sally

“Christopher Rank, barrister, of Cornwall Street Chambers considers expert evidence, rule 25.1 of the FPR and The President’s recent guidance in Re H-L (A Child).”

Full story

Family Law Week, 23rd June 2013

Source: www.familylawweek.co.uk

Free speech rights should influence CPS decisions on whether to prosecute over social media communications, says guidance – OUT-LAW.com

Posted June 24th, 2013 in Crown Prosecution Service, freedom of expression, internet, malicious communications, news, proportionality, prosecutions, public interest by sally

“Prosecutors should be mindful of observing individuals’ rights to free speech when deciding whether to initiate legal action against them over grossly offensive, indecent, obscene or false comments made on social media, according to new guidelines.”

Full story

OUT-LAW.com, 21st June 2013

Source: www.out-law.com

An ABC on proportionality – with Bank Mellat as our primer – UK Human Rights Blog

Posted June 24th, 2013 in banking, EC law, human rights, Iran, news, proportionality, Supreme Court by sally

“My post of earlier this week explained why the majority of the Supreme Court struck down a direction telling all financial institutions not to deal with this Iranian Bank. The legal ground (involving, as Lord Sumption described it, ‘an exacting analysis of the factual evidence in defence of the measure’ [20]) was that the direction was ‘disproportionate’. The judgments (particularly the dissenting one of Lord Reed) tell us a lot about the scope of proportionality. And there is a good deal more to it than there might at first sight appear.”

Full story

UK Human Rights Blog, 22nd June 2013

Source: www.ukhumanrightsblog.com

Extending Police Retention of Biometric Material – Criminal Law and Justice Weekly

Posted June 17th, 2013 in consultations, data protection, news, police, privacy, proportionality, public interest by sally

“The first Biometrics Commissioner, Mr Alastair MacGregor QC, has issued a consultation paper asking for views about how he should act in relation to the retention and use of biometric material obtained from persons who have been arrested but not charged.”

Full story

Criminal Law and Justice Weekly, 15th June 2013

Source: www.criminallawandjustice.co.uk

Re B (A Child) – Social Engineering or Proportionate Response to Risk of Future Harm? – Family Law Week

Posted June 17th, 2013 in adoption, appeals, care orders, children, news, proportionality, Supreme Court by sally

“Janet Bazley QC and Eleri Jones of 1 Garden Court consider the Supreme Court’s decision in Re B (A Child) [2013] UKSC 22.”

Full story

Family Law Week, 16th June 2013

Source: www.familylawweek.co.uk

High Court warns parties not to try their luck with stricter approach to compliance – Litigation Futures

Posted June 14th, 2013 in costs, courts, news, proportionality, time limits by sally

“It would be ‘unfortunate’ if the stricter post-Jackson approach to compliance with orders should encourage parties to refuse reasonable requests for time extensions in the hope that the court might refuse any extension at all, the High Court has said.”

Full story

Litigation Futures, 14th June 2013

Source: www.litigationfutures.com

Costs that fall within court-approved budget not necessarily proportionate, court suggests – OUT-LAW.com

Posted June 11th, 2013 in appeals, budgets, costs, news, proportionality by tracey

“Costs that fall within a court-approved budget will not necessarily be ‘reasonable’ or ‘proportionate’ simply because they fall within the scope of that budget, a Court of Appeal judge has suggested.”

Full story

OUT-LAW.com, 10th June 2013

Source: www.out-law.com

CA: costs are not reasonable just because court has approved budget – Litigation Futures

Posted June 6th, 2013 in appeals, budgets, costs, news, proportionality by sally

“Costs judges should not treat costs as reasonable or proportionate simply because they fall within the scope of the court-approved budget, the Court of Appeal has warned.”

Full story

Litigation Futures, 5th June 2013

Source: www.litigationfutures.com

Regina v Jawad – WLR Daily

Posted June 4th, 2013 in appeals, benefits, compensation, confiscation, law reports, proceeds of crime, proportionality by sally

Regina v Jawad [2013] EWCA Crim 644; [2013] WLR (D) 209

“There was no mandatory duty to take the confiscation order made under the Proceeds of Crime Act 2002 into account when deciding on a compensation order, but the question of compensation might have been relevant to disproportion, if compensation meant that money restored to the loser would have been counted again in the confiscation order, so it was necessary to consider both issues together.”

WLR Daily, 3rd May 2013

Source: www.iclr.co.uk

We are ready for post-Jackson role, vows High Court judge – Litigation Futures

Posted May 24th, 2013 in budgets, costs, judges, judiciary, news, proportionality by tracey

“A High Court judge says there is a ‘real determination’ among judges to embrace their new ‘project management’ role, and dismissed fears that they are not ready for the Jackson reforms.”

Full story

Litigation Futures, 24th May 2013

Source: www.litigationfutures.com

Changes to Civil Procedure Rules and court costs made in April 2013 – OUT-LAW.com

Posted May 20th, 2013 in case management, civil procedure rules, costs, damages, expert witnesses, fees, news, proportionality, small claims, solicitors by sally

“From 1 April 2013 a number of changes to the Civil Procedure Rules (CPRs) governing court action in England and Wales took effect. This is a summary of those changes.”

Full story

OUT-LAW.com, May 2013

Source: www.out-law.com

ICO updates guidance on dealing with vexatious FOI requests following Tribunal criticism – OUT-LAW.com

Posted May 16th, 2013 in freedom of information, news, proportionality by sally

“Public bodies should consider whether freedom of information (FOI) requests are ‘likely to cause a disproportionate or unjustified level of disruption, irritation or distress’ when determining whether those requests are vexatious or not, the Information Commissioner’s Office (ICO) has said.”

Full story

OUT-LAW.com, 16th May 2013

Source: www.out-law.com

Costs Management Pilot Report – Judiciary of England and Wales

Posted May 13th, 2013 in costs, judiciary, pilot schemes, practice directions, proportionality, reports, solicitors by tracey

“The Costs Management Pilot Scheme (the ‘Pilot’) was launched in all Technology and Construction Courts (‘TCC’) and Mercantile Courts on 1 October 2011. The Pilot applies to any case which has its first case management conference on or after 1 October 2011.”

Full report

Judiciary of England & Wales, 10th May 2013

Source: www.judiciary.gov.uk

Costs budgeting: Proportionality is trumps – New Law Journal

Posted May 7th, 2013 in budgets, civil procedure rules, costs, judiciary, news, proportionality by sally

“‘The budgeting of multi-track litigation is the most important of costs reforms that lawyers should prepare for’ advises Professor Dominic Regan, the leading expert in civil litigation (‘Not the end of the story?’). So, how should we—judges and professional civil litigators— ‘prepare’ now that the Jackson reforms are a reality? The short answer is CPD Training: Chapter 40 and Recommendations 89 and 90 of the Jackson Report (Review of Civil Litigation Costs: Final Report, December 2009).”

Full story

New Law Journal, 2nd May 2013

Source: www.newlawjournal.co.uk

Jackson Masterclass: The new regime – New Law Journal

Posted May 7th, 2013 in civil procedure rules, disclosure, news, proportionality by sally

“It is understandable that so much attention has been directed at the recent costs and funding changes. However, the reach of Jackson is far greater. Any step or process has an inevitable cost attached to it and now is the time to look at how the disclosure process will change under the new regime.”

Full story

New Law Journal, 2nd May 2013

Source: www.newlawjournal.co.uk

Mediation and alternative dispute resolution – OUP Blog

Posted April 30th, 2013 in arbitration, civil procedure rules, dispute resolution, news, proportionality by sally

“Why compromise? Increasingly in civil litigation there are no winners — not even the lawyers, following the review and implementation of Sir Rupert Jackson’s report into costs. The question is rapidly being re-phrased as ‘Why litigate?'”

Full story

OUP Blog, 27th April 2013

Source: www.blog.oup.com

Greater protection for homeowners – Ministry of Justice

Posted April 26th, 2013 in burglary, press releases, proportionality, self-defence by tracey

“Householders now have even greater protection from burglars as changes to the law on self defence have come into effect.”

Full press release

Ministry of Justice, 25th April 2013

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