proportionality

Proportionality revised by West v Stockport NHS Foundation Trust

There has now been time to reflect on the Court of Appeal’s proportionality guidance given in the case of West v Stockport NHS Foundation Trust [2019] EWCA Civ 1220.  And what a sorry mess that guidance was. The first part of the guidance related to the reasonableness and proportionality of the ATE premium.  The Court

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Proportionality test – providing specific reasoning

At the heart of the successful appeal in May v Wavell Group was the appeal judge’s view that, apparently, the issue of proportionality is something readily discoverable once all the relevant factors have been taken into account.  He held: “the construction of the rules relating to the definition of proportionality and their application do not

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