Category: proportionality

Does a judge have to consider Article 8 in possession proceedings brought by a private landlord? – UK Human Rights Blog

Posted August 26th, 2016 in human rights, landlord & tenant, loans, news, proportionality, repossession, Supreme Court by sally

‘Fiona McDonald was a private sector tenant. The landlords were her parents who had purchased the property by obtaining a secured loan from a private company. They fell into arrears of the monthly payments, and the company sought possession pursuant to a s.21(4) Housing Act 1988 (‘HA 1988’) notice. The arrears were not substantial, but they had persisted for some time.’

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UK Human Rights Blog, 25th August 2016

Source: www.ukhumanrightsblog.com

Why a Tribunal has mis-applied human rights law in closing an independent religious school – Education Blog

Posted August 26th, 2016 in education, human rights, Islam, news, proportionality by sally

‘In a very recent appeal against a decision to deregister a school whose curriculum centred around the Muslim faith, the First Tier Tribunal has attempted to apply Article 9. It appears, however, to have got it wrong.’

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Education Blog, 25th August 2016

Source: www.education11kbw.com

Sex ban man John O’Neill loses appeal against order – BBC News

Posted August 22nd, 2016 in appeals, news, notification, police, proportionality, sexual offences by sally

‘A man who must notify police 24 hours before he has sex has lost his legal battle to have the restriction lifted.’

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BBC News, 19th August 2016

Source: www.bbc.co.uk

Escaping “the jungle” must be done in an orderly manner – UK Human Rights Blog

Posted August 9th, 2016 in appeals, asylum, children, human rights, news, proportionality by sally

‘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.’

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UK Human Right Blog, 8th August 2016

Source: www.ukhumanrightsblog.com

What lies do to claims – the Supreme Court – UK Human Rights Blog

Posted August 8th, 2016 in appeals, compensation, contracts, damages, employment, fraud, health & safety, insurance, news, personal injuries, proportionality, setting aside, striking out, Supreme Court by sally

‘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.’

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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

Posted August 1st, 2016 in agency, appeals, bankruptcy, constructive trusts, insolvency, news, proportionality, Supreme Court by Mark L

‘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.’

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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

Posted July 25th, 2016 in budgets, hate crime, homosexuality, news, police, proportionality, statistics, transgender persons by sally

‘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.’

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The Independent, 23rd July 2016

Source: www.independent.co.uk

Ordering the would-be undertaker: the equitable reach of the Family Court – Family Law Week

Posted July 13th, 2016 in consent orders, costs, divorce, enforcement, families, family courts, financial dispute resolution, financial provision, news, practice directions, proportionality by sally

‘Norma Cronin, solicitor at Hughes Fowler Carruthers and Mark Ablett, Senior Paralegal at Hughes Fowler Carruthers and soon to be pupil barrister at 1 Garden Court Family Law Chambers consider the troublesome issue of enforcement of undertakings in financial remedies cases.’

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Family Law Week, 8th July 2016

Source: www.familylawweek.co.uk

Re-launched Adjudication Scheme for Professional Negligence Claims: a good idea whose time has come? – Hardwicke Chambers

Posted July 13th, 2016 in arbitration, costs, fees, insurance, negligence, news, pilot schemes, professional conduct, proportionality by sally

‘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.’

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Hardwicke Chambers, 29th June 2016

Source: www.hardwicke.co.uk

McDonald (by her litigation friend) v McDonald and others [2016] UKSC 28 – Henderson Chambers

Posted July 13th, 2016 in appeals, housing, human rights, landlord & tenant, litigation friends, local government, news, proportionality, rent, repossession, Supreme Court by sally

‘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.’

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Henderson Chambers, June 2016

Source: www.hendersonchambers.co.uk

Now proportionality test bites in the Competition Appeal Tribunal – Litigation Futures

Posted June 27th, 2016 in appeals, budgets, competition, conveyancing, costs, fees, law firms, Law Society, news, proportionality, tribunals by sally

‘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.’

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Litigation Futures, 24th June 2016

Source: www.litigationfutures.com

Case Update: Judge expressing opinion on proportionality of incurred costs – Zenith PI Blog

Posted June 27th, 2016 in appeals, budgets, civil procedure rules, costs, expert witnesses, local government, news, proportionality, sexual offences by sally

‘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.’

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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

Posted June 24th, 2016 in budgets, conveyancing, costs, Law Society, news, proportionality, quality assurance by tracey

‘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.’

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Legal Futures, 24th June 2016

source: www.legalfutures.co.uk

Yes but No – Article 8 and the private sector – Nearly Legal

Posted June 21st, 2016 in appeals, human rights, landlord & tenant, news, proportionality, repossession, Supreme Court by sally

‘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.’

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Nearly Legal, 19th June 2016

Source: www.nearlylegal.co.uk

Crazy little thing called proportionality causes hammer to fall on Queen guitarist’s costs – Litigation Futures

Posted June 20th, 2016 in barristers, civil procedure rules, costs, damages, dispute resolution, legal representation, news, nuisance, part 36 offers, private prosecutions, proportionality, solicitors by tracey

‘Lawyers should tell clients in cases where costs significantly exceed damages that the new test of proportionality means they will receive “no more than a contribution” to those costs if they are successful, a costs judge has said.’

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Litigation Futures, 17th June 2016

Source: www.litigationfutures.com

‘Reasonable’ costs bill halved under proportionality test – Law Society’s Gazette

Posted June 9th, 2016 in barristers, confidentiality, costs, disclosure, fees, news, privacy, proportionality, solicitors by sally

‘The senior costs judge has slashed a claimant’s costs bill in a high-profile media case because of the proportionality tests brought in by the Jackson reforms – despite deeming it to be ‘reasonable and necessary’.’

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Law Society’s Gazette, 6th June 2016

Source: www.lawgazette.co.uk

Post-Jackson proportionality rule can prevent full recovery of ‘reasonable’ costs, says senior judge – OUT-LAW.com

Posted June 8th, 2016 in civil procedure rules, costs, damages, fees, news, privacy, proportionality by sally

‘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.’

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OUT-LAW.com, 7th June 2016

Source: www.out-law.com

Senior Costs Judge halves “reasonable” bill under proportionality rule – Litigation Futures

Posted June 6th, 2016 in costs, fees, news, privacy, proportionality by sally

‘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.’

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Litigation Futures, 6th June 2016

Source: www.litigationfutures.com

Censorship or justified Concern? – UK Human Rights Blog

Posted May 25th, 2016 in budgets, codes of practice, demonstrations, duty of care, freedom of expression, human rights, internet, Israel, judicial review, news, police, proportionality, public order, terrorism, universities by sally

‘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.’

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UK Human Rights Blog, 24th May 2016

Source: www.ukhumanrightsblog.com

Confidential Communication With Lawyers Is A Human Right, Even For Prisoners – RightsInfo

Posted May 23rd, 2016 in barristers, confidentiality, human rights, legal profession, news, prisons, privilege, proportionality, solicitors, Supreme Court by sally

‘Part of being in prison is that your rights and freedom are restricted. But prisoners do retain some rights – this was re-confirmed by the highest UK court 15 years ago today.’

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RightsInfo, 23rd May 2016

Source: www.rightsinfo.org