proportionality – Page 2 – Current Awareness

Supreme Court to rule next week on appellate courts, proportionality assessments and care orders – Local Government Lawyer

Posted June 10th, 2022 in adoption, appeals, care orders, child abuse, child neglect, children, families, human rights, local government, news, proportionality, sexual offences, Supreme Court by sally

‘The Supreme Court will next week (15 June) hand down its ruling on whether, when an appellate court reviews a first instance decision concerning the proportionality of orders made under the courts’ obligations under the Human Rights Act 1998, it is necessary for the appellate court to undertake its own proportionality assessment of that decision.’

Local Government Lawyer, 9th June 2022

Source: www.localgovernmentlawyer.co.uk

Dual national Pakistani killer who renounced British citizenship loses deportation battle in Court of Appeal – EIN Blog

Posted May 13th, 2022 in appeals, citizenship, criminal justice, deportation, families, human rights, immigration, murder, news, Pakistan, proportionality, public interest by tracey

‘Zulfiqar v Secretary of State for the Home Department [2022] EWCA Civ 492 (14 April 2022). In this important judgment on deportation, dual nationality, foreign criminals, executive powers and duties, proportionality, public interest and the right to respect for private and family life, the Court of Appeal has unanimously held that a person’s status as a foreign criminal status within the meaning of section 32 of the UK Borders Act 2007 and section 117C of the Nationality, Immigration and Asylum Act 2002 has to be determined at the date of the decision to make a deportation order.’

EIN Blog, 13th May 2022

Source: www.ein.org.uk

The “unduly harsh” test considered further by Court of Appeal – EIN Blog

Posted April 27th, 2022 in appeals, criminal justice, deportation, families, human rights, immigration, news, proportionality by sally

‘The question of how to determine whether or not the deportation of a foreign national convicted of criminal offending is a disproportionate interference in the family life that they may share with their partner or child has been explored in a series of cases, including the leading decisions of KO (Nigeria) (Appellant) v Secretary of State for the Home Department [2018] UKSC 53 and HA (Iraq) [2020] EWCA Civ 1176 and has been discussed in detail on the UK Human Rights blog here, here and here.’

EIN Blog, 26th April 2022

Source: www.ein.org.uk

HS2 protestor’s conviction proportionate with human rights, High Court rules – OUT-LAW.com

Posted April 8th, 2022 in climate change, demonstrations, environmental protection, freedom of expression, human rights, news, proportionality, trespass by sally

‘The English and Welsh Divisional Court has found that it is proportionate to convict a protestor of trespass, providing potential reassurance to companies whose business is disrupted through protests.’

OUT-LAW.com, 5th April 2022

Source: www.pinsentmasons.com

Case Comment: R (on the application of Z) v Hackney LBC [2020] UKSC 40 – UKSC Blog

Posted April 6th, 2022 in appeals, EC law, equality, housing, human rights, Judaism, landlord & tenant, local government, London, news, proportionality, race discrimination, Supreme Court by sally

‘The narrow result of this appeal is that, on the facts, it was proportionate and lawful for a charity to restrict the allocation of its housing stock to Orthodox Jewish families. However, in reaching that conclusion, Lord Sales, giving the leading judgment, made a number of points of wider importance.’

UKSC Blog, 4th April 2022

Source: ukscblog.com

Police acted unlawfully over Everard vigil, court rules – Law Society’s Gazette

Posted March 14th, 2022 in coronavirus, demonstrations, freedom of expression, human rights, kidnapping, murder, news, police, proportionality, rape, sexual offences, women by tracey

‘The Metropolitan Police unlawfully failed to consider whether the right to protest provided a “reasonable excuse” under coronavirus restrictions to organise a vigil for murder victim Sarah Everard, the High Court ruled today.’

Law Society's Gazette, 11th March 2022

Source: www.lawgazette.co.uk

Rehabilitation and retribution: In re JR123’s application – UK Human Rights Blog

Posted November 15th, 2021 in arson, bills, burglary, criminal justice, criminal records, explosives, human rights, imprisonment, judicial review, news, Northern Ireland, proportionality, rehabilitation, sentencing, theft by tracey

‘What happens when someone is convicted of a criminal offence and is given a custodial sentence? Sometimes, the individual will serve at least part of their sentence in prison and the remainder on licence. But, what happens after they’ve served the totality of their sentence?’

UK Human Rights Blog, 12rh November 2021

Source: ukhumanrightsblog.com

Home Office sued over ‘racially disproportionate’ new stop and search rules – The Independent

Posted November 4th, 2021 in government departments, minorities, news, police, proportionality, stop and search by sally

‘Human rights groups are suing the Home Office over its decision to increase police stop and search powers, The Independent can reveal.’

The Independent, 3rd November 2021

Source: www.independent.co.uk

XR demands answers on how protests will be policed after Supreme Court defends disruptive demonstrations – The Independent

Posted August 23rd, 2021 in appeals, bills, climate change, demonstrations, environmental protection, government departments, human rights, news, nuisance, police, proportionality, prosecutions, statistics, Supreme Court by tracey

‘Extinction Rebellion has demanded to know how its upcoming demonstrations will be policed after the Supreme Court ruled that protest can be a “lawful excuse” to block roads under human rights law.’

The Independent, 22nd August 2021

Source: www.independent.co.uk

The Seven-Year Child Reasonableness Test – NA (Bangladesh) – Richmond Chambers

Posted July 29th, 2021 in chambers articles, children, families, government departments, immigration, news, proportionality by sally

‘The Home Office used to have a concession called DP5/96 under which there was a presumption that a child who had lived in the UK for a continuous seven year period, and their parents, should not be removed from the UK if no other countervailing factors were present. This policy ended in December 2008. On 09 July 2012 new immigration rules were introduced and the seven-year child concept was back for those cases involving children. In this post we look at recent developments in immigration law regarding applications for leave to remain on the basis of 7 years’ continuous residence as a child.’

Richmond Chambers, 26th July 2021

Source: immigrationbarrister.co.uk

CPS diversity declaration rule to put chambers under spotlight – Legal Futures

Posted July 14th, 2021 in barristers, Crown Prosecution Service, diversity, equality, news, proportionality by tracey

‘The Crown Prosecution Service (CPS) is to use a new annual online declaration by panel barristers of any protected characteristics to analyse the proportionality of case allocation and fee payments within chambers.’

Legal Futures, 13th July 2021

Source: www.legalfutures.co.uk

Important new ruling on access to British Passports for those subject to nationality deprivation proceedings – EIN Blog

Posted July 5th, 2021 in citizenship, ministers' powers and duties, news, passports, proportionality, public interest by tracey

‘The Queen (on the application of Leonard Gjini) [2021] EWHC 1677 (Admin). In an important decision handed down on 21 June 2021, Mr Justice Morris clarified the circumstances in which it is permissible for the Home Office to decline to issue British Passports to persons subject to deprivation proceedings under section 40 of the British Nationality Act 1981 rejecting a contention by the Home Office that there was a public interest in refusing based on the fact of a past deception.’

EIN Blog, 2nd July 2021

Source: www.ein.org.uk

Very large organisations could see fines for health and safety offences double – OUT-LAW.com

Posted April 19th, 2021 in appeals, company law, employment, fines, health & safety, news, proportionality by tracey

‘Very large organisations may see fines for health and safety breaches doubled, according to the Court of Appeal in England and Wales. There remains, however, no clear judicial guidance on what the threshold for “very large” looks like in practice.’

OUT-LAW.com, 16th April 2021

Source: www.pinsentmasons.com

Retrial-conviction cases: when is extradition proportionate? – 5SAH

Posted April 14th, 2021 in brexit, chambers articles, extradition, news, proportionality, retrials by sally

‘When is it proportionate to extradite a person for what appear to be minor offences where they are entitled to a retrial?’

5SAH, 17th March 2021

Source: www.5sah.co.uk

Stonehenge, religious manifestation and the ECHR: Halcrow – Law & Religion UK

Posted March 12th, 2021 in appeals, historic buildings, human rights, monuments, news, proportionality, religious discrimination, trespass by sally

‘In Halcrow & Ors v Crown Prosecution Service [2021] EWHC 483 (Admin), Maryam Halcrow, Angel Grace and Lisa Mead were Pagans of various traditions. All three had been convicted by Swindon Magistrates’ Court of entering the stone circle at Stonehenge on 4 February 2018 and 6 May 2018 without reasonable excuse, contrary to regulation 3(h) of the Stonehenge Regulations 1997 and s.19 of the Ancient Monuments and Archaeological Areas Act 1979, and had been sentenced to a conditional discharge. Their appeal to the Crown Court was dismissed [1 & 2].’

Law & Religion UK, 11th March 2021

Source: lawandreligionuk.com

MI5 policy allowing agents to commit crimes was legal, say judges – The Guardian

Posted March 10th, 2021 in appeals, criminal justice, human rights, intelligence services, investigatory powers, news, proportionality, public interest, spying by sally

‘MI5’s partially secret policy of allowing agents to participate in serious crimes in pursuit of intelligence was legal, three court of appeal judges have concluded.’

The Guardian, 9th March 2021

Source: www.theguardian.com

Okpabi & others v Royal Dutch Shell Plc and another – Blackstone Chambers

Posted February 18th, 2021 in civil procedure rules, class actions, damages, duty of care, environmental health, environmental protection, negligence, news, personal injuries, proportionality, subsidiary companies by sally

‘The Supreme Court has given judgment in a high-profile appeal which raises important issues regarding the proper approach to jurisdictional challenges and the potential liability of parent companies in respect of damage caused by their subsidiaries.’

Blackstone Chambers, 12th February 2021

Source: www.blackstonechambers.com

New Judgment: Okpabi & Ors v Royal Dutch Shell Plc & Anor [2021] UKSC 3 – UKSC Blog

Posted February 15th, 2021 in appeals, civil procedure rules, class actions, damages, duty of care, environmental health, environmental protection, health, jurisdiction, negligence, news, personal injuries, proportionality by sally

‘Royal Dutch Shell Plc (‘RDS’) is the parent company of the Shell group of companies, incorporated in the UK. The Shell Petroleum Company of Nigeria Limited (‘SPDC’, the other Respondent) is an exploration and production company incorporated in Nigeria and is a subsidiary of RDS.’

UKSC Blog, 12th February 2021

Source: ukscblog.com

DWP uses excessive surveillance on suspected fraudsters, report finds – The Guardian

Posted February 15th, 2021 in benefits, charities, closed circuit television, fraud, government departments, investigatory powers, news, privacy, proportionality, spying by sally

‘Suspected benefit fraudsters in the UK are being subjected to excessive surveillance techniques such as being tailed by government officers or identified in CCTV footage, according to a report.’

The Guardian, 14th February 2021

Source: www.theguardian.com

‘Vulnerability’ added to overriding objective and costs rules – Litigation Futures

Posted February 3rd, 2021 in civil procedure rules, costs, evidence, news, proportionality, service out of jurisdiction, witnesses by sally

‘Taking account of the vulnerability of parties and witnesses is to be added to the overriding objective as well as the factors used to determine the proportionality of costs.’

Litigation Futures, February 2021

Source: www.litigationfutures.com

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