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3 Nov 2023, 5:01 am by Phil Dixon
This culminated in the famous Terry v. [read post]
29 Oct 2010, 3:57 am by INFORRM
While Article 8 may include a positive obligation on a member state to adopt measures to secure respect for private life between individuals, the state has a wide margin of appreciation as to what is required particularly where there is a balance between competing interests or Convention rights (see, for example, Evans v UK (2008) 46 EHRR 34 at [75], [77]; and see [81])  As a result, Article 8’s influence had led to the development in domestic law of a… [read post]
30 Jul 2013, 10:53 am by Dave
 The question here, though, was whether the bedroom tax policy is “manifestly without reasonable foundation” because the bedroom tax involved a question of high policy – the Secretary of State relied on Humphreys v HMRC [2012] 1 WLR 1545, which, in turn, had applied Stec v UK (2006) 43 EHRR 1017 to argue for a different test depending on the ground of discrimination and the type of policy. [read post]
14 Apr 2022, 1:14 am by Emma Kent
Back in 2000 in the House of Lords case White v White, Lord Thorpe stated that the calculation is ‘a tool not a rule’. [read post]
15 Apr 2011, 3:42 am by Rosalind English
There follows a succinct account of Strasbourg jurisprudence  on this point, from registration of a doctor Konig v Germany (No1)  (1979-80) 2 EHRR 170   (civil right) to liability to tax (not a civil right) (Ferrazini v Italy  (44759/98) (2001) STC 1314), via the all important decision in  Pellegrin v France (2001) 31 EHRR 26 ECHR not to allow administrative servants the guarantees of Article 6 because their employment involves important… [read post]
7 Jun 2012, 10:05 pm
Today it is recognised across the common law world that a claim for restitution founded on unjust enrichment is founded neither on consent nor on wrongdoing (see for example Lipkin Gorman v Karpnale and Kleinwort Benson v Birmingham City Council). [read post]