Category: proportionality

Norwich Pharmacal Relief – Panopticon

Posted November 28th, 2012 in confidentiality, disclosure, internet, news, proportionality, sport, third parties by sally

“If through no fault of his own a person gets mixed up in the tortious acts of others so as to facilitate their wrong-doing he may incur no personal liability but he comes under a duty to assist the person who has been wronged by giving him full information and disclosing the identity of the wrongdoers. Justice requires that he should co-operate in righting the wrong if he unwittingly facilitated its perpetration. This is the principle recognized by the House of Lords in Norwich Pharmacal Co v Customs and Excise Commissioners [1974] AC 133.”

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Panopticon, 28th November 2012

Source: www.panopticonblog.com

The Rugby Football Union v Consolidated Information Services Ltd (formerly Viagogo Ltd) (in liquidation) – WLR Daily

Posted November 26th, 2012 in advertising, appeals, data protection, disclosure, internet, law reports, privacy, proportionality, public interest, sport by sally

The Rugby Football Union v Consolidated Information Services Ltd (formerly Viagogo Ltd) (in liquidation) [2012] UKSC 55; [2012] WLR (D) 342

“When exercising its discretion as to whether to grant an order for the disclosure of information, which included the disclosure of personal data about identifiable individuals, the court was not confined to weighing the impact of the disclosure on the individuals concerned against the value to the claimant of obtaining the information, but was entitled have regard to other relevant factors including the strong public interest in allowing a claimant to vindicate his legal rights and whether the making of the order would deter similar wrongdoing in the future.”

WLR Daily, 21st November 2012

Source: www.iclr.co.uk

RFU plans tough sanctions against ticket resellers after Supreme Court dismisses privacy concerns around disclosure – OUT-LAW.com

Posted November 23rd, 2012 in data protection, electronic commerce, internet, news, privacy, proportionality, sport by tracey

“A website operator must disclose the names and addresses of people who used the site to trade rugby tickets after the Supreme Court said that doing so would not be a disproportionate infringement of those individuals’ privacy rights.”

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OUT-LAW.com, 22nd November 2012

Source: www.out-law.com

Does the law protect burglary victims who fight back? – BBC News

Posted November 22nd, 2012 in burglary, homicide, news, proportionality, self-defence, victims by tracey

“What happens when a burglary victim fights back and kills an intruder? The Justice Secretary Chris Grayling wants to change the law, to ensure such home owners are treated as victims, not perpetrators of crime – but does the law really need changing?”

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BBC News, 22nd November 2012

Source: www.bbc.co.uk

Regina (Irfan) v Secretary of State for the Home Department – WLR Daily

Posted November 21st, 2012 in human rights, law reports, news, notification, proportionality, release on licence, sentencing, terrorism by sally

Regina (Irfan) v Secretary of State for the Home Department [2012] EWCA Civ 1471; [2012] WLR (D) 328

“There was nothing disproportionate about a notification requirement of ten years’ duration from the date of release from imprisonment on licence even in the absence of a right of review.”

WLR Daily, 14th November 2012

Source: www.iclr.co.uk

Hollister Inc and another v Medix Ostomy Supplies Ltd – WLR Daily

Posted November 16th, 2012 in costs, law reports, patents, proportionality by tracey

Hollister Inc and another v Medix Ostomy Supplies Ltd: [2012] EWCA Civ 1419; [2012] WLR (D) 327

“When taking an account of costs on a normal basis under English law following infringement of a trade mark, the court was not required or permitted to assess damage caused to the claimant by the infringement nor to embark on a general inquiry into proportionality of the remedy nor to weigh factors which would point to a higher or a lower award. When the court calculated net profits it was not permissible for a defendant to allocate a proportion of its general overheads to an infringing activity.”

WLR Daily, 9th November 2012

Source: www.iclr.co.uk

Proportionality: the way ahead? – Speech by The Rt. Hon. Lady Justice Arden DBE

Posted November 15th, 2012 in judges, news, proportionality, speeches by sally

Proportionality: the way ahead? (PDF)

Speech by The Rt. Hon. Lady Justice Arden DBE

United Kingdom Association of European Law Annual Address, 12th November 2012

Source: www.judiciary.gov.uk

Do Human Rights Make Bad Citizens? – Lord Justice Laws

Posted November 12th, 2012 in citizenship, constitutional law, human rights, news, proportionality by sally

Do Human Rights Make Bad Citizens? (PDF)

Lord Justice Laws

Northumbria University, Inaugural Lecture 2012

Source: www.judiciary.gov.uk

Cairns v Modi; KC v MGN Ltd – WLR Daily

Posted November 2nd, 2012 in damages, defamation, internet, law reports, proportionality, race discrimination, sex discrimination by sally

Cairns v Modi; KC v MGN Ltd [2012] EWCA Civ 1382; [2012] WLR (D) 302

“When breaking down the details of an award of damages in a defamation case there was no need to introduce a more analytical reasoning process founded on the three broad bands of compensation for injury to feelings in the context of sex and race discrimination cases.”

WLR Daily, 31st October 2012

Source: www.iclr.co.uk

Proportionality – between claim and hearing – NearlyLegal

Posted October 22nd, 2012 in appeals, complaints, housing, local government, news, proportionality by sally

“A successful proportionality defence on an introductory tenancy and one upheld on appeal. There is also some helpful confirmation about what can be considered in assessing proportionality.”

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NearlyLegal, 21st October 2012

Source: www.nearlylegal.co.uk

Homeowners are given new rights to attack burglars – The Independent

Posted October 9th, 2012 in burglary, news, proportionality, self-defence by sally

“Householders who attack burglars will today be promised stronger legal protection by Chris Grayling, the new Justice Secretary.”

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The Independent, 9th October 2012

Source: www.independent.co.uk

A closed door – Article 8 defences in mandatory possession cases – Hardwicke Chambers

Posted September 25th, 2012 in housing, human rights, landlord & tenant, law reports, local government, news, proportionality by sally

“The Supreme Court in Manchester City Council v Pinnock [2010] UKSC 45; [2011] 2 AC 104 and The Mayor & Burgesses of the London Borough of Hounslow v Powell [2011] UKSC 8; [2011] 2 WLR 287 severely restricted the likelihood of an occupier facing (mandatory) possession of their home successfully defending such a claim in reliance upon Article 8 of the Convention Rights – the right to respect for private and family life.”

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Hardwicke Chambers, 13th September 2012

Source: www.hardwicke.co.uk

Twitter raises privacy concerns with UK communication surveillance proposals – OUT-LAW.com

Posted September 17th, 2012 in intelligence services, internet, news, privacy, proportionality, select committees, telecommunications by sally

“Twitter has said that Government plans to increase the UK intelligence services’ communications surveillance capabilities could cause it to breach the privacy rights of individuals based elsewhere in the world.”

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OUT-LAW.com, 14th September 2012

Source: www.out-law.com

JL and the Second Bite of the Cherry – NearlyLegal

Posted August 29th, 2012 in armed forces, disabled persons, homelessness, housing, judicial review, local government, news, proportionality by tracey

“There now follows a judicial review of the decision to enforce the possession order made in that claim: JL v SS for Defence [2012] EWHC 2216 (Admin) [not yet on Bailii], heard by Justice Simler QC on 30/7/2012.”

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NearlyLegal, 27th August 2012

Source: www.nearlylegal.co.uk/blog/

SB v Independent Safeguarding Authority (Royal College of Nursing intervening) – WLR Daily

Posted July 20th, 2012 in child abuse, law reports, proportionality, tribunals, vetting by tracey

SB v Independent Safeguarding Authority (Royal College of Nursing intervening): [2012] EWCA Civ 978;  [2012] WLR (D)  215

“The Upper Tribunal (Administrative Appeals Chamber) was empowered under section 4(3) of the Safeguarding Vulnerable Groups Act 2006 to determine whether a decision by the Independent Safeguarding Authority that it was appropriate to include an individual on a barred list was proportionate and rational. In assessing proportionality the tribunal was required to give appropriate weight to the decision of a body charged by statute with a task of expert evaluation. The tribunal also had to address as a material consideration the issue of public confidence in the statutory scheme and in the list.”

WLR Daily, 18th July 2012

Source: www.iclr.co.uk

Criminals could avoid court in legal shake-up – Daily Telegraph

Posted July 20th, 2012 in codes of practice, criminal justice, Crown Prosecution Service, news, proportionality, prosecutions by tracey

“Criminals arrested for offences such as minor assaults, theft and fraud could escape prosecution in the biggest shake-up of charging guidelines for 20 years.”

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Daily Telegraph, 19th July 2012

Source: www.telegraph.co.uk

Anaesthetist who took drugs before going into the operating theatre loses appeal – Daily Telegraph

Posted May 10th, 2012 in appeals, disciplinary procedures, doctors, drug abuse, news, professional conduct, proportionality by sally

“A hospital doctor who took handfuls of pain killers and injected himself with drugs before work each morning was rightly struck off for his ‘blatant disregard for patient safety’, the High Court has ruled.”

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Daily Telegraph, 9th May 2012

Source: www.telegraph.co.uk

Censure of councillor for “sarcastic, lampooning and disrespectful” blog breached his free speech rights – UK Human Rights Blog

Posted May 8th, 2012 in freedom of expression, local government, news, professional conduct, proportionality by sally

“The decision to censure a Welsh councillor for comments on his blog was a disproportionate interference with his right to freedom of expression, the High Court has ruled. This right requires a broad interpretation of what counts as ‘political speech’ – even when the speech is sarcastic and mocking.”

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UK Human Rights Blog, 7th May 2012

Source: www.ukhumanrightsblog.com

Hate speech and the meaning of “unacceptable behaviour” – UK Human Rights Blog

Posted April 27th, 2012 in deportation, freedom of expression, human rights, inciting religious hatred, news, proportionality by tracey

“Late last year I posted about the case of Mr Mahajna, a national of Israel (but of Palestinian origin), who appealed against a deportation order issued by the Home Secretary under section 3(5) of the Immigration Act 1971 on the basis that his presence in the United Kingdom was not conducive to public good.

And so to the Upper Tribunal (UT), which has now issued its decision on Mr Mahajna’s appeal against the FTT’s decision.”

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UK Human Rights Blog, 26th April 2012

Source: www.ukhumanrightsblog.com

Let the deportation fit the crime – UK Human Rights Blog

Posted February 7th, 2012 in appeals, crime, deportation, human rights, news, proportionality by sally

“In a short but fascinating judgment which lays bare the foundation stones of judicial review, the Court of Appeal has articulated the principles to be applied when considering whether automatic deportation of a foreign criminal was ‘proportionate’ for the purposes of Article 8 of the Convention.”

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UK Human Rights Blog, 6th February 2012

Source: www.ukhumanrightsblog.com