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Human rights

15 October 2010
Issue: 7437 / Categories: Case law , Law digest
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JM v United Kingdom [2010] ECHR 37060/06, [2010] All ER (D) 51 (Oct)

For an issue to arise under Art 14 of the European Convention on Human Rights, there had to be a difference in the treatment of persons in relevantly similar situations, such difference being based on one of the grounds expressly or implicitly covered by that provision.

Such a difference in treatment would be discriminatory if it lacked reasonable and objective justification, that was to say it did not pursue a legitimate aim, or if there was no reasonable relationship of proportionality between the means employed and the aim pursued.

There was a margin of appreciation for states in assessing whether and to what extent differences in otherwise similar situations justified a different treatment, and that margin was usually wide when it came to general measures of economic or social strategy. However, where the complaint was one of discrimination on grounds of sexual orientation, the margin of appreciation would be narrow. The state had to be able to point to particularly convincing and weighty reasons

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NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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