Proportionality assessment in Human Rights cases: Court of Appeal sets out approach to be taken by the courts

The Court of Appeal dismissed two appeals concerning decisions made by Government ministers under the Russia (Sanctions) (EU Exit) Regulations 2019 (the “2019 Regulations”). In doing so, the court discussed at length the role of both a first-instance court and an appellate court when reviewing decisions based on proportionality under the Human Rights Act 1998 … Read more