Third Lecture in the Implementation Programme – Speech by Lord Justice Jackson
Third Lecture in the Implementation Programme (PDF)
Speech by Lord Justice Jackson
Judiciary of England and Wales, 31st October 2011
Source: www.judiciary.gov.uk
Category: proportionality
Judges to be reined in by Parliament on human rights – Daily Telegraph
“Ministers are drawing up plans to rein in ‘outrageous’ human rights rulings by judges, it can be disclosed.”
Daily Telegraph, 29th October 2011
Source: www.telegraph.co.uk
Costs rule ‘will fuel litigation’ – Law Society’s Gazette
“Litigators may face a tough new rule on the ‘proportionality’ of their costs that could fuel satellite litigation and uncertainty, experts warned last week.”
Law Society’s Gazette, 27th October 2011
Source: www.lawgazette.co.uk
Times can use leaked Police documents in libel defence – UK Human Rights Blog
“Mr Justice Tugendhat has held that, with restrictions, The Times Newspapers Ltd (TNL) should be allowed to use information from leaked documents in its defence to a libel claim brought by the Metropolitan Police Service and the Serious Organised Crime Agency (SOCA). However, proportionality limited the reach of this judgment to the next stage in the libel claim, after which reassessment may be necessary.”
UK Human Rights Blog, 25th October 2011
Source: www.ukhumanrightsblog.com
Motto and others v Trafigura Ltd and another – WLR Daily
Motto and others v Trafigura Ltd and another [2011] EWCA Civ 1150; [2011] WLR (D) 292
“Where a costs judge determined that base costs were disproportionate for the purposes of CPR r 44.4(2)(a), to render them proportionate the judge was required to satisfy himself that the work on each item on the bill of costs was necessary, and, if necessary, that the cost of the item was reasonable. That was the approach to be taken generally, including in group litigation.”
WLR Daily, 12th October 2011
Source: www.iclr.co.uk
Magistrates deny riots ‘sentencing frenzy’ – The Guardian
“Magistrates have denied accusations from the president of the Prison Governors Association that there has been a ‘feeding frenzy’ of disproportionate sentencing of those convicted in the aftermath of the recent riots.”
The Guardian, 29th August 2011
Source: www.guardian.co.uk
‘Sentencing frenzy’ will fill prisons within weeks – The Independent
“The leader of Britain’s prison governors accused magistrates of indulging in a sentencing ‘feeding frenzy’ as prisons near capacity. Eoin McLennan-Murray, president of the Prison Governors Association (PGA), said courts had shown ‘naked popularism’ in meting out tough justice after the riots.”
The Independent, 28th August 2011
Source: www.independent.co.uk
Lawcast 192: John Cooper QC on the sentencing of rioters and looters – Charon QC
“Today I am talking to John Cooper QC, a practising barrister at 25 Bedford Row, about the controversy which now rages in the press in relation to the sentences being handed down to rioters and looters. The issue of proportion, parity and comparison with sentences given for so called ‘white collar crime’ by MPs, peers and bankers is examined in detail.”
Charon QC, 18th August 2011
Source: www.charonqc.wordpress.com
“Charon QC” is the blogging pseudonym of Mike Semple Piggot, editor of insitelaw newswire.
UK riots: sentencing council to discuss ‘harsh’ prison terms – The Guardian
“The sentencing council, which produces guidelines for judges, will discuss the lengths of prison terms handed down to rioters amid claims that some sentences have been disproportionately harsh.”
The Guardian, 18th August 2011
Source: www.guardian.co.uk
Riots: glut of appeals anticipated – Law Society’s Gazette
“Crown courts could face a glut of appeals in response to the speed at which defendants were dealt with last week, when some magistrates’ courts worked through the night to process defendants.”
Law Society’s Gazette, 18th August 2011
Source: www.lawgazette.co.uk
Harsh riot sentences could cause appeals logjam, say rights groups – The Guardian
“Civil liberties groups have warned that the court system will be clogged with appeals by people convicted of riot-related offences seeking to overturn lengthy terms of imprisonment.”
The Guardian, 17th August 2011
Source: www.guardian.co.uk
Regina (Sinclair Collis Ltd and another) v Secretary of State for Health – WLR Daily
“The prohibition on the sale of tobacco from automatic vending machines was justified on the ground of the protection of public health, was proportionate and therefore did not violate EU law by its adverse effect on the business of the operators of vending machines and suppliers in other EU states.”
WLR Daily, 17th June 2011
Source: www.iclr.co.uk
Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Male solicitor suffered sex discrimination – The Guardian
“Employers must act ‘proportionately’ when they provide women who are pregnant or on maternity leave with special treatment at work, an employment appeals tribunal has ruled.”
The Guardian, 6th April 2011
Source: www.guardian.co.uk
Hounslow London Borough Council v Powell; Leeds City Council v Hall; Birmingham City Council v Frisby – WLR Daily
“In all cases where a local authority was seeking possession of a property which constituted a persons home, including persons who had been granted introductory tenancies pursuant to Part V of the Housing Act 1996 and persons who had been granted a licence of property under the homelessness regime in Part VII of the 1996 Act, the court being asked to make the order for possession had to have the power, pursuant to article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms, to consider whether the order would be a proportionate means of achieving a legitimate aim.”
WLR Daily, 25th February 2011
Source: www.lawreports.co.uk
Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Bank Mellat v HM Treasury – WLR Daily
Bank Mellat v HM Treasury [2010] EWHC 1332 (QB); [2010] WLR (D) 148
“The powers conferred on HM Treasury by Sch 7 to the Counter-Terrorism Act 2008 to give directions by order to persons operating in the United Kingdom financial sector could be lawfully exercised without allowing persons likely to be adversely affected by the order an opportunity to make prior representations; and the test of proportionality applied by para 9(6) of Sch 7 to the requirements imposed by such a direction was to be interpreted consistently with the jurisprudence of the European Court of Human Rights, according to which the means used did not always have to be limited to the minimum necessary to accomplish the legislative objective.”
WLR Daily, 15th June 2010
Source: www.lawreports.co.uk
Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Minister plays down quick change to self-defence law – BBC News
“There will be no swift law change to give people greater rights to defend themselves against burglars, Justice Minister Nick Herbert has suggested.”
BBC News, 6th June 2010
Source: www.bbc.co.uk
When is it right to take the law into our own hands? – The Independent
“One committed a violent attack on a burglar. The other was guilty of the mercy killing of her brain-damaged son. One is free. The other starting a nine-year sentence. Paul Vallely examines the issues raised by their contrasting treatment.”
The Independent, 22nd January 2010
Source: www.independent.co.uk
Don’t read too much into Munir Hussain judgment, say lawyers – The Guardian
“Lawyers say today’s judgment that released the man who jailed for attacking a burglar had nothing to do with the law of self-defence and everything to do with the unique facts of Munir Hussain’s case.”
The Guardian, 20th January 2010
Source: www.guardian.co.uk
Amro International SA and anr v Financial Services Authority and ors – WLR Daily
Amro International SA and anr v Financial Services Authority and ors; [2009] WLR (D) 288
“Although the purpose of ss 169–172 of the Financial Services and Markets Act 2000 was to facilitate investigation in support of overseas regulators and such co-operation was desirable in order to maintain the regulation of financial markets and banks, the nature of the claim in respect of which the Financial Services Authority’s assistance was sought was of fundamental importance and it was wrong to exercise the powers to aid an investigation into allegations that were not made in that claim. The correct approach was to apply a test of proportionality and the documents required should be properly specified.”
WLR Daily, 28th August 2009
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Sex offender register for life ‘breaches rights’ of rapists and paedophiles – Daily Telegraph
“Placing rapists and paedophiles on the sex offenders register for life with no chance of review breaches their human rights, the Court of Appeal has ruled.”
Daily Telegraph, 24th July 2009
Source: www.telegraph.co.uk
