“… is a proportionality assessment; what is needed is the open-minded conscientious inquiry referred to in the authorities (Luton Community Housing Ltd v Durdana [2020] EWCA Civ 445 at [27] per Patten LJ).…”
“…also allow the parties an opportunity to make written submissions about it. Judgment in Luton Community Housing Ltd v Durdana was handed down on 26 March 2020: [2020] EWCA Civ 445. We received written submissions from the parties, the last of which was sent on 2 April 2020.…”