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13 Aug 2015, 2:00 am by Sam Claydon, Olswang LLP
Lord Neuberger and Lord Dyson referred to the four-limb test for proportionality in respect of interference with Convention rights as espoused by Lord Reed in Bank Mellat v HM Treasury (No. 2) [2013] UKSC 39. [read post]
11 Aug 2015, 2:00 am by Ayesha Christie, Matrix
In contrast, Lord Kerr’s dissenting judgment adopts a far more structured approach to proportionality, closely analysing the four questions identified by Lord Reed in Bank Mellat v HM Treasury (No 2) [2014] AC 700, with particular emphasis on the rational connection between the interference and the legislative objective and the “least intrusive means” test [21]. [read post]
3 Jul 2015, 4:40 pm by INFORRM
Judgment The Court was unanimous in concluding that if Article 8 was engaged then the interference was justified and proportionate (applying the Bank Mellat fourfold criteria). [read post]
9 Mar 2015, 9:16 am
Legal Forms (Matthew Bender), §§ 45.231[1], 92.80[2][m], 92.80[2][v].6 Fed Procedural Forms L. [read post]
18 Dec 2014, 7:08 am by John Elwood
John Elwood reviews Monday’s relisted cases, with help from Clement Clarke Moore. [read post]
11 Sep 2014, 3:10 am
Confirmed event participants include Mr Justice Birss, Trevor Clarke, Bernt Hugenholtz, Peter Leathem, Cedric Manara and Javier Ruiz. [read post]
26 Aug 2014, 12:30 am
• The Court observed that Karum had chosen to sue FPF for breach of confidence in equity and had itself expressly cited the three-step test established in the 1969 English case of Coco v AN Clark (Engineers) [noted here] which had been long adopted by New Zealand courts. [read post]