Regina (Irfan) v Secretary of State for the Home Department [2012] EWCA Civ 1471; [2012] WLR (D) 328
“There was nothing disproportionate about a notification requirement of ten years’ duration from the date of release from imprisonment on licence even in the absence of a right of review.”
WLR Daily, 14th November 2012
Source: www.iclr.co.uk
Hollister Inc and another v Medix Ostomy Supplies Ltd: [2012] EWCA Civ 1419; [2012] WLR (D) 327
“When taking an account of costs on a normal basis under English law following infringement of a trade mark, the court was not required or permitted to assess damage caused to the claimant by the infringement nor to embark on a general inquiry into proportionality of the remedy nor to weigh factors which would point to a higher or a lower award. When the court calculated net profits it was not permissible for a defendant to allocate a proportion of its general overheads to an infringing activity.”
WLR Daily, 9th November 2012
Source: www.iclr.co.uk
Proportionality: the way ahead? (PDF)
Speech by The Rt. Hon. Lady Justice Arden DBE
United Kingdom Association of European Law Annual Address, 12th November 2012
Source: www.judiciary.gov.uk
Do Human Rights Make Bad Citizens? (PDF)
Lord Justice Laws
Northumbria University, Inaugural Lecture 2012
Source: www.judiciary.gov.uk
Cairns v Modi; KC v MGN Ltd [2012] EWCA Civ 1382; [2012] WLR (D) 302
“When breaking down the details of an award of damages in a defamation case there was no need to introduce a more analytical reasoning process founded on the three broad bands of compensation for injury to feelings in the context of sex and race discrimination cases.”
WLR Daily, 31st October 2012
Source: www.iclr.co.uk
“A successful proportionality defence on an introductory tenancy and one upheld on appeal. There is also some helpful confirmation about what can be considered in assessing proportionality.”
NearlyLegal, 21st October 2012
Source: www.nearlylegal.co.uk
“Householders who attack burglars will today be promised stronger legal protection by Chris Grayling, the new Justice Secretary.”
The Independent, 9th October 2012
Source: www.independent.co.uk
“The Supreme Court in Manchester City Council v Pinnock [2010] UKSC 45; [2011] 2 AC 104 and The Mayor & Burgesses of the London Borough of Hounslow v Powell [2011] UKSC 8; [2011] 2 WLR 287 severely restricted the likelihood of an occupier facing (mandatory) possession of their home successfully defending such a claim in reliance upon Article 8 of the Convention Rights – the right to respect for private and family life.”
Hardwicke Chambers, 13th September 2012
Source: www.hardwicke.co.uk
“Twitter has said that Government plans to increase the UK intelligence services’ communications surveillance capabilities could cause it to breach the privacy rights of individuals based elsewhere in the world.”
OUT-LAW.com, 14th September 2012
Source: www.out-law.com
“There now follows a judicial review of the decision to enforce the possession order made in that claim: JL v SS for Defence [2012] EWHC 2216 (Admin) [not yet on Bailii], heard by Justice Simler QC on 30/7/2012.”
NearlyLegal, 27th August 2012
Source: www.nearlylegal.co.uk/blog/
“The Upper Tribunal (Administrative Appeals Chamber) was empowered under section 4(3) of the Safeguarding Vulnerable Groups Act 2006 to determine whether a decision by the Independent Safeguarding Authority that it was appropriate to include an individual on a barred list was proportionate and rational. In assessing proportionality the tribunal was required to give appropriate weight to the decision of a body charged by statute with a task of expert evaluation. The tribunal also had to address as a material consideration the issue of public confidence in the statutory scheme and in the list.”
WLR Daily, 18th July 2012
Source: www.iclr.co.uk
“Criminals arrested for offences such as minor assaults, theft and fraud could escape prosecution in the biggest shake-up of charging guidelines for 20 years.”
Daily Telegraph, 19th July 2012
Source: www.telegraph.co.uk
“A hospital doctor who took handfuls of pain killers and injected himself with drugs before work each morning was rightly struck off for his ‘blatant disregard for patient safety’, the High Court has ruled.”
Daily Telegraph, 9th May 2012
Source: www.telegraph.co.uk
“The decision to censure a Welsh councillor for comments on his blog was a disproportionate interference with his right to freedom of expression, the High Court has ruled. This right requires a broad interpretation of what counts as ‘political speech’ – even when the speech is sarcastic and mocking.”
UK Human Rights Blog, 7th May 2012
Source: www.ukhumanrightsblog.com
“Late last year I posted about the case of Mr Mahajna, a national of Israel (but of Palestinian origin), who appealed against a deportation order issued by the Home Secretary under section 3(5) of the Immigration Act 1971 on the basis that his presence in the United Kingdom was not conducive to public good.
And so to the Upper Tribunal (UT), which has now issued its decision on Mr Mahajna’s appeal against the FTT’s decision.”
UK Human Rights Blog, 26th April 2012
Source: www.ukhumanrightsblog.com
“In a short but fascinating judgment which lays bare the foundation stones of judicial review, the Court of Appeal has articulated the principles to be applied when considering whether automatic deportation of a foreign criminal was ‘proportionate’ for the purposes of Article 8 of the Convention.”
UK Human Rights Blog, 6th February 2012
Source: www.ukhumanrightsblog.com
“This was a rolled up permission to appeal and appeal hearing (on which more later) for appeal to a Circuit Judge from a possession order made by a District Judge at Bromley. At issue was whether the District Judge was wrong to reject a) a proportionality defence and b) a gateway B public law defence arising from Lewisham’s failure to follow its own policy. It is interesting as an example of proportionality/gateway B defences in action in the County Court, but also somewhat frustrating, for reasons which will become clear.”
UK Human Rights Blog, 1st January 2012
Source: www.ukhumanrightsblog.com
Third Lecture in the Implementation Programme (PDF)
Speech by Lord Justice Jackson
Judiciary of England and Wales, 31st October 2011
Source: www.judiciary.gov.uk
“Ministers are drawing up plans to rein in ‘outrageous’ human rights rulings by judges, it can be disclosed.”
Daily Telegraph, 29th October 2011
Source: www.telegraph.co.uk
“Litigators may face a tough new rule on the ‘proportionality’ of their costs that could fuel satellite litigation and uncertainty, experts warned last week.”
Law Society’s Gazette, 27th October 2011
Source: www.lawgazette.co.uk
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