Category: proportionality

Times can use leaked Police documents in libel defence – UK Human Rights Blog

Posted October 26th, 2011 in defamation, disclosure, evidence, media, news, police, proportionality by sally

“Mr Justice Tugendhat has held that, with restrictions, The Times Newspapers Ltd (TNL) should be allowed to use information from leaked documents in its defence to a libel claim brought by the Metropolitan Police Service and the Serious Organised Crime Agency (SOCA). However, proportionality limited the reach of this judgment to the next stage in the libel claim, after which reassessment may be necessary.”

Full story

UK Human Rights Blog, 25th October 2011

Source: www.ukhumanrightsblog.com

Motto and others v Trafigura Ltd and another – WLR Daily

Posted October 17th, 2011 in class actions, costs, fees, law reports, proportionality by sally

Motto and others v Trafigura Ltd and another [2011] EWCA Civ 1150; [2011] WLR (D) 292

“Where a costs judge determined that base costs were disproportionate for the purposes of CPR r 44.4(2)(a), to render them proportionate the judge was required to satisfy himself that the work on each item on the bill of costs was necessary, and, if necessary, that the cost of the item was reasonable. That was the approach to be taken generally, including in group litigation.”

WLR Daily, 12th October 2011

Source: www.iclr.co.uk

Magistrates deny riots ‘sentencing frenzy’ – The Guardian

Posted August 30th, 2011 in magistrates, news, prisons, proportionality, sentencing by sally

“Magistrates have denied accusations from the president of the Prison Governors Association that there has been a ‘feeding frenzy’ of disproportionate sentencing of those convicted in the aftermath of the recent riots.”

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The Guardian, 29th August 2011

Source: www.guardian.co.uk

‘Sentencing frenzy’ will fill prisons within weeks – The Independent

Posted August 30th, 2011 in detention, news, prisons, proportionality, sentencing, violent disorder by sally

“The leader of Britain’s prison governors accused magistrates of indulging in a sentencing ‘feeding frenzy’ as prisons near capacity. Eoin McLennan-Murray, president of the Prison Governors Association (PGA), said courts had shown ‘naked popularism’ in meting out tough justice after the riots.”

Full story

The Independent, 28th August 2011

Source: www.independent.co.uk

Lawcast 192: John Cooper QC on the sentencing of rioters and looters – Charon QC

Posted August 19th, 2011 in podcasts, proportionality, sentencing, violent disorder by sally

“Today I am talking to John Cooper QC, a practising barrister at 25 Bedford Row, about the controversy which now rages in the press in relation to the sentences being handed down to rioters and looters. The issue of proportion, parity and comparison with sentences given for so called ‘white collar crime’ by MPs, peers and bankers is examined in detail.”

Podcast

Charon QC, 18th August 2011

Source: www.charonqc.wordpress.com

“Charon QC” is the blogging pseudonym of Mike Semple Piggot, editor of insitelaw newswire.

UK riots: sentencing council to discuss ‘harsh’ prison terms – The Guardian

Posted August 19th, 2011 in incitement, internet, news, proportionality, sentencing, violent disorder by sally

“The sentencing council, which produces guidelines for judges, will discuss the lengths of prison terms handed down to rioters amid claims that some sentences have been disproportionately harsh.”

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The Guardian, 18th August 2011

Source: www.guardian.co.uk

Riots: glut of appeals anticipated – Law Society’s Gazette

Posted August 18th, 2011 in appeals, news, proportionality, sentencing, violent disorder by sally

“Crown courts could face a glut of appeals in response to the speed at which defendants were dealt with last week, when some magistrates’ courts worked through the night to process defendants.”

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Law Society’s Gazette, 18th August 2011

Source: www.lawgazette.co.uk

Harsh riot sentences could cause appeals logjam, say rights groups – The Guardian

Posted August 18th, 2011 in appeals, news, proportionality, sentencing, violent disorder by sally

“Civil liberties groups have warned that the court system will be clogged with appeals by people convicted of riot-related offences seeking to overturn lengthy terms of imprisonment.”

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The Guardian, 17th August 2011

Source: www.guardian.co.uk

Regina (Sinclair Collis Ltd and another) v Secretary of State for Health – WLR Daily

Posted June 22nd, 2011 in EC law, health, law reports, proportionality, sale of goods, smoking by sally

Regina (Sinclair Collis Ltd and another) v Secretary of State for Health [2011] EWCA Civ 437; [2011] WLR (D) 200

“The prohibition on the sale of tobacco from automatic vending machines was justified on the ground of the protection of public health, was proportionate and therefore did not violate EU law by its adverse effect on the business of the operators of vending machines and suppliers in other EU states.”

WLR Daily, 17th June 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Male solicitor suffered sex discrimination – The Guardian

Posted April 7th, 2011 in employment tribunals, news, proportionality, redundancy, sex discrimination, solicitors by sally

“Employers must act ‘proportionately’ when they provide women who are pregnant or on maternity leave with special treatment at work, an employment appeals tribunal has ruled.”

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The Guardian, 6th April 2011

Source: www.guardian.co.uk

Hounslow London Borough Council v Powell; Leeds City Council v Hall; Birmingham City Council v Frisby – WLR Daily

Posted February 28th, 2011 in housing, law reports, local government, proportionality, repossession, Supreme Court by sally

Hounslow London Borough Council v Powell; Leeds City Council v Hall; Birmingham City Council v Frisby [2011] UKSC 8; [2011] WLR (D) 64

“In all cases where a local authority was seeking possession of a property which constituted a persons home, including persons who had been granted introductory tenancies pursuant to Part V of the Housing Act 1996 and persons who had been granted a licence of property under the homelessness regime in Part VII of the 1996 Act, the court being asked to make the order for possession had to have the power, pursuant to article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms, to consider whether the order would be a proportionate means of achieving a legitimate aim.”

WLR Daily, 25th February 2011

Source: www.lawreports.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Bank Mellat v HM Treasury – WLR Daily

Posted June 16th, 2010 in banking, Iran, law reports, nuclear weapons, proportionality, terrorism by sally

Bank Mellat v HM Treasury [2010] EWHC 1332 (QB); [2010] WLR (D) 148

“The powers conferred on HM Treasury by Sch 7 to the Counter-Terrorism Act 2008 to give directions by order to persons operating in the United Kingdom financial sector could be lawfully exercised without allowing persons likely to be adversely affected by the order an opportunity to make prior representations; and the test of proportionality applied by para 9(6) of Sch 7 to the requirements imposed by such a direction was to be interpreted consistently with the jurisprudence of the European Court of Human Rights, according to which the means used did not always have to be limited to the minimum necessary to accomplish the legislative objective.”

WLR Daily, 15th June 2010

Source: www.lawreports.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Minister plays down quick change to self-defence law – BBC News

Posted June 7th, 2010 in defences, news, proportionality, self-defence by sally

“There will be no swift law change to give people greater rights to defend themselves against burglars, Justice Minister Nick Herbert has suggested.”

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BBC News, 6th June 2010

Source: www.bbc.co.uk

When is it right to take the law into our own hands? – The Independent

Posted January 22nd, 2010 in news, proportionality, self-defence, sentencing by sally

“One committed a violent attack on a burglar. The other was guilty of the mercy killing of her brain-damaged son. One is free. The other starting a nine-year sentence. Paul Vallely examines the issues raised by their contrasting treatment.”

Full story

The Independent, 22nd January 2010

Source: www.independent.co.uk

Don’t read too much into Munir Hussain judgment, say lawyers – The Guardian

Posted January 21st, 2010 in Crown Prosecution Service, news, proportionality, self-defence by sally

“Lawyers say today’s judgment that released the man who jailed for attacking a burglar had nothing to do with the law of self-defence and everything to do with the unique facts of Munir Hussain’s case.”

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The Guardian, 20th January 2010

Source: www.guardian.co.uk

Amro International SA and anr v Financial Services Authority and ors – WLR Daily

Posted September 1st, 2009 in disclosure, financial regulation, law reports, proportionality by sally

Amro International SA and anr v Financial Services Authority and ors; [2009] WLR (D) 288

“Although the purpose of ss 169–172 of the Financial Services and Markets Act 2000 was to facilitate investigation in support of overseas regulators and such co-operation was desirable in order to maintain the regulation of financial markets and banks, the nature of the claim in respect of which the Financial Services Authority’s assistance was sought was of fundamental importance and it was wrong to exercise the powers to aid an investigation into allegations that were not made in that claim. The correct approach was to apply a test of proportionality and the documents required should be properly specified.”

WLR Daily, 28th August 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Sex offender register for life ‘breaches rights’ of rapists and paedophiles – Daily Telegraph

Posted July 24th, 2009 in human rights, news, proportionality, sexual offences by sally

“Placing rapists and paedophiles on the sex offenders register for life with no chance of review breaches their human rights, the Court of Appeal has ruled.”

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Daily Telegraph, 24th July 2009

Source: www.telegraph.co.uk

Regina (F) v Secretary of State for Justice – Times Law Reports

Posted January 23rd, 2009 in law reports, proportionality, sentencing, sexual offences by sally

Regina (F) v Secretary of State for Justice
Regina (Thompson) v Secretary of State for the Home Department

Queen’s Bench

“In the absence of any mechanism for review, placing an offender on the sex offenders register indefinitely was a disproportionate interference with the right to respect for private and family life.”

The Times, 23rd January 2009

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Public Protection, Proportionality and the Search for Balance – Ministry of Justice

Posted September 27th, 2007 in human rights, proportionality, reports by sally

“This report examines how courts in the UK and Europe respond when human rights and security appear to conflict. It compares cases from the UK, France, Germany, Spain, and the European Court of Human Rights, and examines how human rights are applied and how courts use the concept of proportionality to mediate conflicts between rights and security.”

Full story

Ministry of Justice, 27th September 2007

Source: www.justice.gov.uk