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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

WSP Solicitors—David Ashcroft & Jessica O’Shea

WSP Solicitors—David Ashcroft & Jessica O’Shea

Commercial property and child law teams expand with senior hires

Duxton Hill Chambers—Lucas Bastin KC & Joshua Hiew

Duxton Hill Chambers—Lucas Bastin KC & Joshua Hiew

Set expands London and Singapore offering with senior international disputes hires

Gilson Gray—Gregor Duthie & Stephen Forsyth

Gilson Gray—Gregor Duthie & Stephen Forsyth

Firm strengthens real estate and litigation teams with partner promotions

NEWS
Uber has built a formidable strategy for insulating itself from liability for drivers’ conduct, but the legal terrain differs sharply between the US and England and Wales
The Civil Justice Council’s review of Part III of the Solicitors Act 1974 could mark the end of what one commentator calls an ‘outdated’ and overly technical regime governing solicitor-client fee disputes
The House of Lords (Hereditary Peers) Act 2026 marks a constitutional watershed by severing the centuries-old link between hereditary titles and automatic membership of the upper chamber
Artificial intelligence, proportionality and public decision-making are under increasing judicial scrutiny, according to the latest public law round-up from Herbert Smith Freehills Kramer
Families relying on informal agreements over property ownership could face costly consequences if disputes arise, the High Court has warned
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