David Miranda in fresh challenge over Heathrow detention – The Guardian

‘David Miranda, the partner of the former Guardian journalist Glenn Greenwald, has launched a fresh appeal challenging the legality of his detention under counter-terrorism powers for nine hours at Heathrow airport in 2013.’

Full story

The Guardian, 8th December 2015

Source: www.guardian.co.uk

Making new criminal offences – Ministry of Justice

Posted December 3rd, 2015 in crime, criminal justice, Ministry of Justice, news, proportionality by tracey

‘This guidance is for officials who may be considering creating new criminal offences or amending existing criminal offences.’

Full guidance

Ministry of Justice, 2nd December 2015

Source: www.gov.uk/government/organisations/ministry-of-justice

Speech by Lord Dyson: Is Judicial Review a Threat to Democracy? – Courts and Tribunals Judiciary

Posted December 3rd, 2015 in civil justice, judicial review, proportionality, speeches by tracey

‘Speech by Rt Hon Lord Dyson, Master of the Rolls at The Sultan Azlan Shah Lecture.’

Full speech

Courts and Tribunals Judiciary, 2nd December 2015

Source: www.judiciary.gov.uk

Judge questions ‘astonishing’ £1.3m for consultancy fees – Law Society’s Gazette

‘The High Court has sent a strong signal to law firms ‘sub-contracting’ disclosure work to third parties.’

Full story

Law Society’s Gazette, 2nd December 2015

Source: www.lawgazette.co.uk

Ruling on interim costs payment reveals judge’s proportionality concern – Litigation Futures

Posted November 13th, 2015 in costs, law firms, negligence, news, proportionality by tracey

‘A claimant law firm has been given a major shot across the bows over its costs claim in a clinical negligence case after a High Court judge heavily reduced the sum its client sought as payment on account of costs, on the grounds of both proportionality and necessity.’

Full story

Litgiation Futures, 13th November 2015

Source: www.litigationfutures.com

Radicalisation: a proportionate response – Family Law Week

‘Sarah Williams, Legal Team Leader, Social Care Team, at London Borough of Tower Hamlets, considers the high-profile cases recently heard in the Family Division of the High Court where children or families have been considered at risk of radicalisation and, in some cases, travelling to Syria or Iraq, together with the judicial responses to those cases.’

Full story

Family Law Week, 28th October 2015

Source: www.familylawweek.co.uk

Criminal courts charge denied compensation to rape victim, MPs told – The Independent

‘A rape victim did not get compensation from her attacker because of the Government’s controversial new court charge, MPs have been told.’

Full story

The Independent, 27th October 2015

Source: www.independent.co.uk

Julian Assange: Scotland Yard ends 24-hour guard on Ecuadorian embassy – Daily Telegraph

Posted October 13th, 2015 in costs, embassies, extradition, news, police, proportionality by tracey

‘Police officers have stopped guarding the embassy in London where the Wikileaks founder took refuge, saying it is no longer “proportionate.” ‘

Full story

Daily Telegraph, 12th October 2015

Source: www.telegraph.co.uk

CJEU ruling on prisoner voting – open door for successful UK challenge? – UK Human Rights Blog

Posted October 9th, 2015 in EC law, elections, France, news, prisons, proportionality by tracey

‘Delvigne (Judgment), [2015] EUECJ C-650/13. In a judgment much anticipated on both sides of the Channel, the Court of Justice of the European Union (“CJEU”) has held that French restrictions on the eligibility of prisoners to vote are lawful under EU law.’

Full story

UK Human Rights Blog, 9th October 2015

Source: www.ukhumanrightsblog.com

EU court ruling favours UK prisoner vote ban – BBC News

Posted October 6th, 2015 in EC law, elections, human rights, news, prisons, proportionality by sally

‘The UK’s ban on prisoners’ rights to vote looks set to continue after a ruling by the European Court of Justice on a case in France.’

Full story

BBC News, 6th October 2015

Source: www.bbc.co.uk

‘Vilified’ doctor cannot publish patient’s private information – Panopticon

‘In the Matter of C (A Child) (Application by Dr X and Y) [2015] EWFC 79 involved, in the words of Munby J, an unusual and indeed unprecedented application. It pitted the right to defend one’s reputation against the privacy and confidentiality rights of others. In this case, the latter won.
Dr X had treated C and C’s mother; he had also been an expert witness in the family court care proceedings concerning C. C’s mother was unhappy about the treatment given by Dr X. She complained about him to the GMC, whose Fitness to Practise panel in due course found the allegations against Dr X to be unproven. C’s mother also criticised Dr X publicly in the media.’

Full story

Panopticon, 1st October 2015

Source: www.panopticonblog.com

Donating embryos for medical research–a human rights minefield – Halsbury’s Law Exchange

Posted September 25th, 2015 in consent, EC law, embryology, human rights, Italy, jurisdiction, news, privacy, proportionality by sally

‘The case of Parrilo v Italy [2015] ECHR 755, decided by the Grand Chamber of the ECt.HR (16-1), that Italian legislation banning the donation of embryos obtained by IVF for scientific research was within Italy’s margin of appreciation and thus was not in breach of the applicant’s (Ms Parillo) right to private life and autonomy under Article 8 of the ECHR.’

Full story

Halsbury’s Law Exchange, 24th September 2015

Source: www.halsburyslawexchange.co.uk

Pressure grows to scrap controversial new financial penalties for anyone convicted of a crime -The Independent

‘The outcry over the new financial penalties for anyone convicted of a crime presents Michael Gove with a crucial test of his willingness to jettison flawed policies inherited from Chris Grayling, his predecessor as Justice Secretary and Lord Chancellor.’

Full story

The Independent, 11th September 2015

Source: www.independent.co.uk

Refusing a subject access request: proportionality, anxious scrutiny and judicial discretion – Panopticon

Posted August 26th, 2015 in burden of proof, data protection, disclosure, news, police, proportionality by sally

‘Zaw Lin and Wai Phyo v Commissioner of Police for the Metropolis [2015] EWHC 2484 (QB), a judgment of Green J handed down today, is an interesting – if somewhat fact-specific – contribution to the burgeoning body of case law on how subject access requests (SARs) made under the Data Protection Act 1998 (DPA) should be approached, both by data controllers and by courts.’

Full story

Panopticon, 25th August 2015

Source: www.panopticonblog.com

Late amendments – A new approach – Hardwicke Chambers

Posted July 28th, 2015 in amendments, appeals, costs, news, proportionality by sally

‘In CIP Properties (AITP) Limited v Galliford Try Infrastructure Limited Anors (No.3) [2015] EWHC 1345 (TCC) Coulson J reviewed the post-Jackson authorities governing amendments to statements of case. The judgment leaves little doubt that there is a new approach to applications to amend and that courts will be much more willing to consider questions of procedural prejudice when determining whether permission should be granted.’

Full story

Hardwicke Chambers, 10th June 2015

Source: www.hardwicke.co.uk

Old conditional fee agreements did not breach human rights law, Supreme Court rules – OUT-LAW.com

Posted July 27th, 2015 in costs, fees, human rights, insurance, news, proportionality, Supreme Court by sally

‘A speedway track operator must pay the legal expenses of the couple who successfully sued it for noise-related nuisance after the UK’s highest court ruled that the old fee recovery regime did not breach its right to a fair trial.’

Full story

OUT-LAW.com, 24th July 2015

Source: www.out-law.com

Sylvie Beghal, wife of terrorist, loses human rights court battle – BBC News

‘The wife of a convicted terrorist, who was prosecuted after refusing to submit to a police interrogation, has lost her human rights case in the Supreme Court.’

Full story

BBC News, 22nd July 2015

Source: www.bbc.co.uk

Time to banish “procedural squabbles” to keep costs proportionate, says senior judge – Litigtaion Futures

‘Unreasonableness, intransigence and the taking of every point must now be regarded as unacceptable in the post-Jackson world, a High Court judge has warned in setting out how to comply with the overriding objective to deal with cases at proportionate cost.’

Full story

Litigation Futures, 13th July 2015

Source: www.litigationfutures.com

Judge was wrong to accuse solicitors of exaggerating bill, Court of Appeal rules – Litigation Futures

‘The High Court was wrong to strike out a claim over unpaid fees brought by a firm of solicitors on the basis of alleged exaggeration and inaccurate sums, without hearing any witnesses, the Court of Appeal has ruled.’

Full story

Litigation Futures, 9th July 2015

Source: www.litigationfutures.com

Bar student who failed single module loses JR over having to retake entire BPTC – Legal Futures

Posted July 9th, 2015 in barristers, examinations, legal education, news, proportionality by sally

‘A mature Bar student has lost a judicial review against the Bar Standards Board (BSB) after a two-time failure to pass a single module on opinion writing meant he in turn failed the Bar Professional Training Course (BPTC) and would have to take entire course again before moving onto pupillage.’
Full story

Legal Futures, 8th July 2015

Source: www.legalfutures.co.uk