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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

NLJ Career Profile: Maryam Syed KC, Church Court Chambers

NLJ Career Profile: Maryam Syed KC, Church Court Chambers

From childhood dreams of the Bar to some of the country's most challenging cases, Maryam Syed KC explains why she has never stopped standing up for others

DAC Beachcroft—Richard Breavington, Rachel Ford & Daniel Guilfoyle

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DAC Beachcroft significantly expands Cyber team, hiring three Cyber partners

Browne Jacobson—Professor Clive Kay

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Browne Jacobson appoints senior healthcare leader Professor Clive Kay as strategic adviser

NEWS
As family justice moves further away from the courtroom, collaborative law is emerging as an increasingly important route to resolving separation disputes
A busy period for employment law is producing important lessons for employers, employees and tribunals alike
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
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