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

“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.”

Full story

UK Human Rights Blog, 7th May 2012

Source: www.ukhumanrightsblog.com

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

“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.”

Full story

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.”

Full story

UK Human Rights Blog, 6th February 2012

Source: www.ukhumanrightsblog.com

Policy, possession and proportionality – Nearly Legal – UK Human Rights Blog

Posted January 3rd, 2012 in appeals, defences, housing, news, proportionality, repossession by tracey

“This was a rolled up permission to appeal and appeal hearing (on which more later) for appeal to a Circuit Judge from a possession order made by a District Judge at Bromley. At issue was whether the District Judge was wrong to reject a) a proportionality defence and b) a gateway B public law defence arising from Lewisham’s failure to follow its own policy. It is interesting as an example of proportionality/gateway B defences in action in the County Court, but also somewhat frustrating, for reasons which will become clear.”

Full story

UK Human Rights Blog, 1st January 2012

Source: www.ukhumanrightsblog.com

 

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

Judges to be reined in by Parliament on human rights – Daily Telegraph

Posted October 31st, 2011 in deportation, human rights, judiciary, news, proportionality by sally

“Ministers are drawing up plans to rein in ‘outrageous’ human rights rulings by judges, it can be disclosed.”

Full story

Daily Telegraph, 29th October 2011

Source: www.telegraph.co.uk

Costs rule ‘will fuel litigation’ – Law Society’s Gazette

Posted October 27th, 2011 in costs, news, proportionality, speeches by sally

“Litigators may face a tough new rule on the ‘proportionality’ of their costs that could fuel satellite litigation and uncertainty, experts warned last week.”

Full story

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

Posted October 26th, 2011 in defamation, disclosure, evidence, media, news, police, proportionality by sally

“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.”

Full story

UK Human Rights Blog, 25th October 2011

Source: www.ukhumanrightsblog.com

Motto and others v Trafigura Ltd and another – WLR Daily

Posted October 17th, 2011 in class actions, costs, fees, law reports, proportionality by sally

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

Posted August 30th, 2011 in magistrates, news, prisons, proportionality, sentencing by sally

“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.”

Full story

The Guardian, 29th August 2011

Source: www.guardian.co.uk

‘Sentencing frenzy’ will fill prisons within weeks – The Independent

Posted August 30th, 2011 in detention, news, prisons, proportionality, sentencing, violent disorder by sally

“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.”

Full story

The Independent, 28th August 2011

Source: www.independent.co.uk

Lawcast 192: John Cooper QC on the sentencing of rioters and looters – Charon QC

Posted August 19th, 2011 in podcasts, proportionality, sentencing, violent disorder by sally

“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.”

Podcast

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

Posted August 19th, 2011 in incitement, internet, news, proportionality, sentencing, violent disorder by sally

“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.”

Full story

The Guardian, 18th August 2011

Source: www.guardian.co.uk

Riots: glut of appeals anticipated – Law Society’s Gazette

Posted August 18th, 2011 in appeals, news, proportionality, sentencing, violent disorder by sally

“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.”

Full story

Law Society’s Gazette, 18th August 2011

Source: www.lawgazette.co.uk

Harsh riot sentences could cause appeals logjam, say rights groups – The Guardian

Posted August 18th, 2011 in appeals, news, proportionality, sentencing, violent disorder by sally

“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.”

Full story

The Guardian, 17th August 2011

Source: www.guardian.co.uk

Regina (Sinclair Collis Ltd and another) v Secretary of State for Health – WLR Daily

Posted June 22nd, 2011 in EC law, health, law reports, proportionality, sale of goods, smoking by sally

Regina (Sinclair Collis Ltd and another) v Secretary of State for Health [2011] EWCA Civ 437; [2011] WLR (D) 200

“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.”

Full story

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

Hounslow London Borough Council v Powell; Leeds City Council v Hall; Birmingham City Council v Frisby [2011] UKSC 8; [2011] WLR (D) 64

“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

Posted June 16th, 2010 in banking, Iran, law reports, nuclear weapons, proportionality, terrorism by sally

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

Posted June 7th, 2010 in defences, news, proportionality, self-defence by sally

“There will be no swift law change to give people greater rights to defend themselves against burglars, Justice Minister Nick Herbert has suggested.”

Full story

BBC News, 6th June 2010

Source: www.bbc.co.uk