Don’t read too much into Munir Hussain judgment, say lawyers – The Guardian

Posted January 21st, 2010 in Crown Prosecution Service, news, proportionality, self-defence by sally

“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.”

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The Guardian, 20th January 2010

Source: www.guardian.co.uk

Amro International SA and anr v Financial Services Authority and ors – WLR Daily

Posted September 1st, 2009 in disclosure, financial regulation, law reports, proportionality by sally

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

Posted July 24th, 2009 in human rights, news, proportionality, sexual offences by sally

“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.”

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Daily Telegraph, 24th July 2009

Source: www.telegraph.co.uk

Regina (F) v Secretary of State for Justice – Times Law Reports

Posted January 23rd, 2009 in law reports, proportionality, sentencing, sexual offences by sally

Regina (F) v Secretary of State for Justice
Regina (Thompson) v Secretary of State for the Home Department

Queen’s Bench

“In the absence of any mechanism for review, placing an offender on the sex offenders register indefinitely was a disproportionate interference with the right to respect for private and family life.”

The Times, 23rd January 2009

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Public Protection, Proportionality and the Search for Balance – Ministry of Justice

Posted September 27th, 2007 in human rights, proportionality, reports by sally

“This report examines how courts in the UK and Europe respond when human rights and security appear to conflict. It compares cases from the UK, France, Germany, Spain, and the European Court of Human Rights, and examines how human rights are applied and how courts use the concept of proportionality to mediate conflicts between rights and security.”

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Ministry of Justice, 27th September 2007

Source: www.justice.gov.uk