Sex ban man John O’Neill loses appeal against order – BBC News
‘A man who must notify police 24 hours before he has sex has lost his legal battle to have the restriction lifted.’
BBC News, 19th August 2016
Source: www.bbc.co.uk
Category: proportionality
Escaping “the jungle” must be done in an orderly manner – UK Human Rights Blog
‘Four asylum seekers, namely three unaccompanied minors and one disabled adult, were in “the jungle” – the (increasingly permanent) temporary refugee and migrant camp in Calais – since October 2015. Having fled from war-torn Syria, they were trying to join their siblings in the UK. The problem was that the French system for processing asylum claims under EU rules would involve considerable delays and the evidence showed that the conditions in the camp were wholly inadequate: these children experienced physical violence and their medical needs were unmet. So they ignored the EU rules and issued a claim in the UK.’
UK Human Right Blog, 8th August 2016
Source: www.ukhumanrightsblog.com
What lies do to claims – the Supreme Court – UK Human Rights Blog
‘Twin doses of dishonesty in the Supreme Court, last month. Both raised dilemmas for the SC trying to steer a principled way (in different circumstances) towards determining the cost of lying.’
UK Human Rights Blog, 6th August 2016
Source: www.ukhumanrightsblog.com
Supreme Court: money owed by insolvent agent to its principal not held on constructive trust – OUT-LAW.com
‘Money which an agent personally owed to its principal at the point the former became insolvent is not held on “constructive trust” for the principal, instead forming part of the assets of the insolvent business to be divided up between all creditors in a proportionate way, the UK’s highest court has ruled.’
OUT-LAW.com, 29th July 2016
Source: www.out-law.com
There is widespread inequality for the LGBT community – so why isn’t the Government doing anything about it? – The Independent
‘LGBT people are at an increased risk of falling victim to hate crime, the incidences of which continue to rise. That being the case, it is wholly reasonable to question the 18 per cent cut in real terms to police budgets – safety is not at the heart of policymaking.’
The Independent, 23rd July 2016
Source: www.independent.co.uk
Re-launched Adjudication Scheme for Professional Negligence Claims: a good idea whose time has come? – Hardwicke Chambers
‘What can the recently re-launched Adjudication Scheme for Professional Negligence Claims offer parties and practitioners in this area? Those, and don’t worry you’re not alone, oblivious to its original launch as a pilot scheme in February 2015 may be part of the reason for its re-launch 15 months later. The original scheme apparently saw only two adjudications (hardly a sample sufficient to judge the efficacy of the scheme). The re-launched scheme covers a wider range of professionals, the removal of any limit on the amount of the claim and an attempt to cap the fees of the appointed adjudicator within certain bands depending on the value of the claim.’
Hardwicke Chambers, 29th June 2016
Source: www.hardwicke.co.uk
McDonald (by her litigation friend) v McDonald and others [2016] UKSC 28 – Henderson Chambers
‘In this alerter Hannah Curtain & George Mallet consider the Supreme Court’s decision in McDonald (by her litigation friend) v McDonald and Ors [2016] UKSC 28.’
Henderson Chambers, June 2016
Source: www.hendersonchambers.co.uk
Now proportionality test bites in the Competition Appeal Tribunal – Litigation Futures
‘Proportionality has hit the Competition Appeal Tribunal as it capped a defendant’s recoverable costs at £350,000, compared to its budgeted costs of £637,000.’
Litigation Futures, 24th June 2016
Source: www.litigationfutures.com
Case Update: Judge expressing opinion on proportionality of incurred costs – Zenith PI Blog
‘In the recent case of Eil v Knowsley Metropolitan Borough Council (15/06/16) the court was considering the costs position on a claim arising out of a sexual assault. Due to the medical evidence the Claimant limited the claim to £50,000. A budget was submitted by the Defendant for £26,000. The Claimant’s budget was £104,373, of which half had already been incurred.’
Zenith PI Blog, 27th June 2016
Source: www.zenithpi.wordpress.com
Judge caps Law Society’s “disproportionate” £640k costs in defending competition claim – Legal Futures
‘The Law Society’s budgeted costs of £637,000 to defend the competition law action brought over its Conveyancing Quality Scheme (CQS) are disproportionate and should be capped at nearly half of that, the president of the Competition Appeal Tribunal has ruled.’
Legal Futures, 24th June 2016
source: www.legalfutures.co.uk
Yes but No – Article 8 and the private sector – Nearly Legal
‘The Supreme Court has finally decided on the issue that has been hanging over private sector possession claims since Pinnock and Powell – whether article 8 proportionality of eviction defence might also apply to the private sector as well as to public body landlords. The Court of Appeal decision (our note here) was frankly unsatisfactory, so finality from the Supreme Court was desirable.’
Nearly Legal, 19th June 2016
Source: www.nearlylegal.co.uk
Post-Jackson proportionality rule can prevent full recovery of ‘reasonable’ costs, says senior judge – OUT-LAW.com
‘The new rules limiting the recovery of the costs of civil court action to a “proportionate” amount may prevent successful parties from recovering costs that would otherwise have been reasonable, a senior costs judge has confirmed.’
OUT-LAW.com, 7th June 2016
Source: www.out-law.com
Senior Costs Judge halves “reasonable” bill under proportionality rule – Litigation Futures
‘The Senior Costs Judge has demonstrated the harsh impact of the post-Jackson proportionality rule – along with providing some guidance on how to apply it – after halving the costs of a privacy action that he had deemed reasonable after a line-by-line assessment.’
Litigation Futures, 6th June 2016
Source: www.litigationfutures.com
Censorship or justified Concern? – UK Human Rights Blog
‘Mrs Justice Whipple dismissed one claim for judicial review, and refused permission to bring a further claim, in respect of decisions made by Southampton University regarding a proposed conference on the legality of the existence of Israel under international law. She held that the University had lawfully withdrawn its permission to hold the conference in April 2015, and refused permission to challenge the University’s subsequent decision to require the conference organisers to meet the conference’s security costs as a condition of allowing the conference to take place at a later date. The conference organisers had claimed that both decisions represented an unlawful interference with their Article 10 right to free expression and Article 11 right to free assembly.’
UK Human Rights Blog, 24th May 2016
Source: www.ukhumanrightsblog.com
Ted Heath investigation to continue after probe into police misconduct finds no evidence of wrongdoing – The Independent
‘Police have vowed to continue their investigation into allegations of child sex abuse by the late Sir Edward Heath after several people responded to an appeal for information.’
The Independent, 12th May 2016
Source: www.independent.co.uk
No escape from dishonesty hearing for claimant who discontinued – Litigation Futures
‘A personal injury claimant cannot escape a fundamental dishonesty hearing by serving a notice of discontinuance, a circuit judge has held.’
Litigation Futures, 27th April 2016
Source: www.litigationfutures.com
