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4 Nov 2009, 9:34 am by R.J. MacReady
The court of appeals, however, rejected the State's invitation because it felt bound to follow its own previous holding in Durbin v. [read post]
25 Oct 2023, 10:26 pm by Frank Cranmer
That right might therefore be overridden by a state body, provided there was a sufficiently pressing need to do so for one of the purposes in Article 9(2) and the means used were both lawful and proportionate, applying the four-stage proportionality test in Bank Mellat v Her Majesty’s Treasury (No 2) (SC(E)) [2014] AC 700 [at 20] and allowing the state body an appropriate discretionary area of judgment. [read post]