“…it was not possible for the Courts to change the law in this respect. The Divisional Court relied on the judgment in Browne v Parole Board of England and Wales [2018] EWCA Civ 2024 where Coulson LJ had noted that, while there was some support for adopting a proportionality test in particular cases concerned with fundamental rights, there …”
“…onwards; Hickey v The Secretary of State for Work and Pensions [2018] EWCA Civ 851, from paragraph 69 onwards; and Browne v The Parole Board of England & Wales [2018] EWCA Civ 2024. This case is another reminder that, even in proceedings where unnecessary formality is to be avoided, some formality (and the certainty which it brings) is re…”