Court of Appeal rejects Kent Police’s appeal in important Article 8 case

20.12.13 | |

The Court of Appeal has rejected the appeal of the Chief Constable of Kent Police against a decision of the High Court that disclosure of unproven allegations against a nurse in an Enhanced Criminal Record Certificate was disproportionate and contrary to Article 8.  In doing so the Court of Appeal comprehensively considered the role of the courts, at both first instance and on appeal, when reviewing the proportionality of decisions that impact on Article 8 rights.  In its extensive review of the case law the Court of Appeal gives guidance on the intensity of the court’s review, the circumstances when it was entitled to make findings of fact and whether the courts can take into account material that comes to light after the original decision has been made.

 

 See here for the full judgment.

 

Ian Wise QC, Gemma Hobcraft instructed by the Royal College of Nursing

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