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15 October 2010
Issue: 7437 / Categories: Case law , Law digest
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Human rights

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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MOVERS & SHAKERS

Haynes Boone—Jeremy Cross

Haynes Boone—Jeremy Cross

Firm strengthens global fund finance practice with London partner hire.

DWF—Stephen Webb

DWF—Stephen Webb

Partner and head of national planning team appointed

mfg Solicitors—Nick Little

mfg Solicitors—Nick Little

Corporate team expands in Birmingham with partner hire

NEWS
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts

An engagement ring may symbolise romance, but the courts remain decidedly practical about who keeps it after a split, writes Mark Pawlowski, barrister and professor emeritus of property law at the University of Greenwich, in this week's NLJ

Medical reporting organisation fees have become ‘the final battleground’ in modern costs litigation, says Kris Kilsby, costs lawyer at Peak Costs and council member of the Association of Costs Lawyers, in this week's NLJ
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