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28 October 2011 / Susan Nash
Issue: 7487 / Categories: Features , Human rights
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Taking liberties?

Susan Nash rounds up the latest human rights developments

The applicants in Palomo Sanchez v Spain (App Nos 28955/06, 28957/06, 28959/06 and 28964/06) were sacked for publishing a trade union newsletter which contained offensive words and lewd cartoons featuring two employees who had testified against them in an employment tribunal. The newsletter was distributed to employees and displayed on a notice board. Relying on Art 10 (freedom of expression) and Art 11 (freedom of assembly and association), the applicants complained that the real reason for their dismissal had been their trade union activities. Noting that the offending material had been published in a trade union newsletter and distributed at the applicants’ workplace, the European Court of Human Rights (ECtHR) considered whether this sanction was proportionate. The ECtHR observed that the extent of acceptable criticism was narrower in regard to private individuals than for politicians or civil servants acting in their public duty. Furthermore, the offending material was aimed, not directly at the company, but against the company’s employees. However, the ECtHR did not share the Spanish

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MOVERS & SHAKERS

EIP—Stuart Malcolm

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EIP strengthens Commercial practice with a new partner

Ellisons—Francesca Brown

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Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

NEWS
A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
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