Tags » Margin Of Appreciation

Supreme Court on EU and ECHR proportionality - back to basics

R (ota Lumsdon) v Legal Services Board UKSC 41, 24 June 2015 (see judgment)

The Supreme Court has reminded us, in a tour de force… 2,216 more words

In The News

Withdrawal of nutrition and hydration would not offend right to life - Strasbourg Court

Lambert and Others v. France (application no. 46043/14) – read judgment

In an important step away from Pretty v UK, the Grand Chamber of the Strasbourg Court has upheld the right of to die with dignity by ruling that there would be no violation of… 2,305 more words

In The News

Birth certificate cannot be retrospectively changed to reflect father's gender reassignment

JK, R(on the application of) v Secretary of State for Home Department and another EWHC 990 (Admin) 20 April 2015 – read judgment

This case concerned… 1,848 more words

In The News

Letting in a chink of light to closed material cases : Bank Mellat again

Bank Mellat v HM Treasury EWHC 3631 (Admin), Collins J, 5 November 2014 –  read judgment UPDATED POST

Fireworks here from Collins J in making sure that Bank Mellat got some disclosure of information in its fight to discharge a financial restriction order against it. 1,181 more words

In The News

Beyond Sark: The implications of the Barclay case

Although at one level astonishingly complex, the issues at stake in R (Barclay) v Secretary of State for Justice (No 2)  UKSC 54 (press summary… 2,182 more words

Constitutional Law

Decision to deny certain self-employed women maternity benefits violated CEDAW (Elisabeth de Blok et al. v. the Netherlands)

In 1998, the Netherlands established mandatory insurance for self-employed workers (and certain other categories of workers). The scheme insured against the risk of loss of income due to inability to work and, … 860 more words

CEDAW