Jeff King: Deference, Dialogue and Animal Defenders International – UK Constitutional Law Group

“In Animal Defenders International, the European Court of Human Rights upheld the British ban on political advertising in the broadcast media (s.321 Communications Act 2003), consistently with the judgments of the UK House of Lords and High Court, but in an apparent departure from its previous caselaw in the VgT (Verein gegen Tierfabrik v. Switzerland, no. 24699/94 ECHR 2001‑VI) case. The key issue in the case was whether a blanket ban (or ‘general measure’) was a proportionate restriction of the freedom of expression, or whether some class of exception (a ‘case-by-case’ approach) for groups such as the NGO in this case ought to be recognized.”

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UK Constitutional Law Group, 25th April 2013

Source: www.ukconstitutionallaw.org/blog

 

Boardman v Governing Body of Clarence High School and another – WLR Daily

Boardman v Governing Body of Clarence High School and another [2013] EWCA Civ 198; [2013] WLR (D) 145

“It was axiomatic that the Employment Appeal Tribunal could only interfere with the decision of an employment tribunal if it identified an error of law. In relation to unfair dismissal the appeal tribunal had to address the issue of whether the employment tribunal had found that the employer had satisfied the reasonable responses test and any criticisms of the employment tribunal were to be directed at that issue.”

WLR Daily, 15th March 2013

Source: www.iclr.co.uk

Jacob Rowbottom: A surprise ruling? Strasbourg upholds the ban on paid political ads on TV and Radio – UK Constitutional Law Group

“The European Court of Human Rights has given its decision in Animal Defenders International , holding that the ban on political advertising on the broadcast media does not violate Article 10. I had been convinced that the Strasbourg Court, following earlier decisions in Switzerland and Norway, would come to the opposite conclusion – but I am relieved that they did not. The ban on political ads has been a crucial measure that has helped to keep the cost of politics down in the UK. That said, it was a close shave. The ban was upheld by a majority of 9, with 8 dissenting. The decision was published earlier this morning, so what follows are my initial thoughts.”

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UK Constitutional Law Group, 22nd April 2013

Source: www.ukconstitutionallaw.org

Proposed reforms undermine the Rehabilitation of Offenders Act 1974 – Halsbury’s Law Exchange

Posted April 18th, 2013 in appeals, criminal records, disclosure, news, proportionality, time limits by sally

“Imagine you are a middle-aged man with a young family looking to change career to work as a primary school teacher. When you were 12 you took a chocolate bar from a shop. You learnt a salutary lesson and never repeated this isolated error of judgment. Is it right that your prospective employer should be told this? Well, whilst the Government thought your prospective employer should be forewarned, the Court of Appeal disagreed. The Court of Appeal, in R(T) & Others v Greater Manchester was critical of the ‘blanket nature’ of the current regime deeming it disproportionate in pursuance of the legitimate aim of safeguarding children and young adults. As a result of this important case, the Government has been forced to modify the disclosure regime to avoid offending Art 8; the right to private and family life.”

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Halsbury’s Law Exchange, 18th April 2013

Source: www.halsburyslawexchange.co.uk

Exclusion of Iranian dissident lawful, says Court of Appeal – UK Human Rights Blog

Posted March 26th, 2013 in appeals, consultations, human rights, news, proportionality, rule of law, visas by sally

“Last year the Divisional Court upheld the Home Secretary’s decision to prevent a dissident Iranian politician coming to the United Kingdom to address the Palace of Westminster: see that decision here and my post discussing the ‘Politics of Fear’.”

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UK Human Rights Blog, 22nd March 2013

Source: www.ukhumanrightsblog.com

Regina v Hampshire County Council – WLR Daily

Regina v Hampshire County Council [2013] WLR (D) 117

“There was no reason to stay confiscation proceedings where a trademark offence had been committed, because trademark offences were lifestyle, repeat offences, which did real damage to those entitled to the profits of a trademark and deprived the manufacturers of the legitimate fruits of the research and development of their product and it was proceeds which mattered rather than blame.”

WLR Daily, 20th March 2013

Source: www.iclr.co.uk

Disclosure of ill-treatment allegations would breach nurse’s human rights, rules High Court – UK Human Rights Blog

Posted March 12th, 2013 in disclosure, human rights, judicial review, news, nurses, proportionality, vetting by sally

“This was an application for judicial review, and a claim under the Human Rights Act 1998, in respect of the defendant’s decision to disclose allegations of neglect and ill-treatment of care home residents in an Enhanced Criminal Records Certificate dated 12th October 2012.”

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UK Human Rights Blog, 12th March 2013

Source: www.ukhumanrightsblog.com

Kenny v Minister for Justice, Equality and Law Reform – WLR Daily

Posted March 4th, 2013 in EC law, equal pay, law reports, news, proportionality, sex discrimination by sally

Kenny v Minister for Justice, Equality and Law Reform (Case C-427/11); [2013] WLR (D) 87

“In the light of article 141 EC and Council Directive 75/117/EEC (relating to the application of the principle of equal pay for men and women meant, in relation to indirect pay discrimination), it was for the employer to establish objective justification for the difference in pay between workers who considered that they had been indirectly discriminated against and the comparators. The employer’s justification for the difference in pay had to relate to the comparators. The interests of good industrial relations might be taken into consideration by the national court as one factor among others in its assessment of whether differences between the pay of two groups of workers were due to objective factors unrelated to any discrimination on grounds of sex and are compatible with the principle of proportionality.”

WLR Daily, 28th February 2013

Source: www.iclr.co.uk

Regina (Purnell) v South Western Magistrates’ Court – WLR Daily

Posted February 21st, 2013 in enforcement, fines, law reports, news, proportionality by sally

Regina (Purnell) v South Western Magistrates’ Court [2013] EWHC 64 (Admin); [2013] WLR (D) 61

Courts had to inquire closely before making an order for the payment of a fine at any enforcement hearing as to whether there were any outstanding fines and make clear the serious consequences to the offender or defaulter in not providing accurate information.

WLR Daily, 23rd February 2013

Source: www.iclr.co.uk

New CPR to be amended next month, rule committee chief reveals – Litigation Futures

Posted February 18th, 2013 in civil procedure rules, fees, news, proportionality, solicitors by sally

“There will be another statutory instrument (SI) next month to tidy up the one published last week with changes to the Civil Procedure Rules, after a warning that the new rule on proportionality could affect millions of pounds worth of work already done by solicitors.”

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Litigation Futures, 18th February 2013

Source: www.litigationfutures.com

Court of Appeal Declares Criminal Records Regime Incompatible with Article 8 – Panopticon

Posted January 30th, 2013 in cautions, criminal records, disclosure, human rights, news, privacy, proportionality by sally

“The Court of Appeal has today [29 January] handed down an important judgment in R (T & others) v Chief Constable of Greater Manchester & others [2013] EWCA Civ 25. The case concerned the blanket requirement in the Rehabilitation of Offenders Act 1974, section 113B of the Police Act 1997 and articles 3 and 4 of the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 that criminal convictions and cautions must be disclosed in an enhanced criminal record check (‘ECRC’) in the context of particular types of employment (such as with children or vulnerable adults), even if those convictions or cautions would otherwise be deemed spent by the 1974 Act.”

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Panopticon, 29th January 2013

Source: www.panopticonblog.com

Henry ruling leaves lawyers rueing lack of clarity and warning of satellite litigation – Litigation Futures

Posted January 29th, 2013 in appeals, budgets, costs, news, proportionality by sally

“The Court of Appeal ruling in Henry yesterday has been met with disappointment and criticism from lawyers for failing to send out a clear message about the importance of costs management, and for risking an onslaught of satellite litigation.”

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Litigation Futures, 29th January 2013

Source: www.litigationfutures.com

Article 8 success in the County Court – NearlyLegal

Posted January 18th, 2013 in housing, human rights, news, proportionality, succession, time limits by tracey

“This was a failed succession case where an article 8 proportionality defence was, at least in part successful.”

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NearlyLegal, 17th January 2013

Source: www.nearlylegal.co.uk/blog/

Patel v General Medical Council – WLR Daily

Posted January 18th, 2013 in conspiracy, doctors, fraud, law reports, proportionality, public interest by tracey

Patel v General Medical Council: [2012] EWHC 3688 (Admin); [2013] WLR (D) 12

“When considering an application under section 41(A) of the Medical Act 1983 to terminate an 18 months’ suspension order imposed by an Interim Orders Panel, the court was required to give the panel’s decision such weight as in the circumstances of the case it thought fit but was entitled to examine the panel’s reasons with some rigour.”

WLR Daily, 20th December 2012

Source: www.iclr.co.uk

Regina (Essa) v Upper Tribunal (Immigration and Asylum Chamber) and another – WLR Daily

Posted January 7th, 2013 in appeals, deportation, immigration, judicial review, law reports, proportionality by sally

Regina (Essa) v Upper Tribunal (Immigration and Asylum Chamber) and another [2012] EWCA 1718; [2012] WLR (D) 393

“When considering whether the Secretary of State’s decision to deport an EU national convicted of a serious crime who had resided in the United Kingdom for ten years was proportionate the First-tier Tribunal should consider both the domestic and the European dimension.”

WLR Daily, 21st December 2012

Source: www.iclr.co.uk

Turner v East Midlands Trains Ltd – WLR Daily

Posted November 30th, 2012 in human rights, law reports, proportionality, tribunals, unfair dismissal by tracey

Turner v East Midlands Trains Ltd: [2012] EWCA Civ 1470;   [2012] WLR (D)  353

“The procedures in section 98 of the Employment Rights Act 1996 whereby an employment tribunal had to consider whether in an unfair dismissal case the employer acted fairly within a range of reasonable responses open to the reasonable employer did not fall short of the procedural safeguards required by article 8 of the European Convention.”

WLR Daily, 16th November 2012

Source: www.iclr.co.uk

Norwich Pharmacal Relief – Panopticon

Posted November 28th, 2012 in confidentiality, disclosure, internet, news, proportionality, sport, third parties by sally

“If through no fault of his own a person gets mixed up in the tortious acts of others so as to facilitate their wrong-doing he may incur no personal liability but he comes under a duty to assist the person who has been wronged by giving him full information and disclosing the identity of the wrongdoers. Justice requires that he should co-operate in righting the wrong if he unwittingly facilitated its perpetration. This is the principle recognized by the House of Lords in Norwich Pharmacal Co v Customs and Excise Commissioners [1974] AC 133.”

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Panopticon, 28th November 2012

Source: www.panopticonblog.com

The Rugby Football Union v Consolidated Information Services Ltd (formerly Viagogo Ltd) (in liquidation) – WLR Daily

The Rugby Football Union v Consolidated Information Services Ltd (formerly Viagogo Ltd) (in liquidation) [2012] UKSC 55; [2012] WLR (D) 342

“When exercising its discretion as to whether to grant an order for the disclosure of information, which included the disclosure of personal data about identifiable individuals, the court was not confined to weighing the impact of the disclosure on the individuals concerned against the value to the claimant of obtaining the information, but was entitled have regard to other relevant factors including the strong public interest in allowing a claimant to vindicate his legal rights and whether the making of the order would deter similar wrongdoing in the future.”

WLR Daily, 21st November 2012

Source: www.iclr.co.uk

RFU plans tough sanctions against ticket resellers after Supreme Court dismisses privacy concerns around disclosure – OUT-LAW.com

Posted November 23rd, 2012 in data protection, electronic commerce, internet, news, privacy, proportionality, sport by tracey

“A website operator must disclose the names and addresses of people who used the site to trade rugby tickets after the Supreme Court said that doing so would not be a disproportionate infringement of those individuals’ privacy rights.”

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OUT-LAW.com, 22nd November 2012

Source: www.out-law.com

Does the law protect burglary victims who fight back? – BBC News

Posted November 22nd, 2012 in burglary, homicide, news, proportionality, self-defence, victims by tracey

“What happens when a burglary victim fights back and kills an intruder? The Justice Secretary Chris Grayling wants to change the law, to ensure such home owners are treated as victims, not perpetrators of crime – but does the law really need changing?”

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BBC News, 22nd November 2012

Source: www.bbc.co.uk