Archive for the 'proportionality' Category

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

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.”

Full story

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.”

Full story

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.”

Full story

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.


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