Proportionality meaning

This checklist sets out the key matters to weigh up when preparing post-termination restrictions for a client, whether the aim is to safeguard trade secrets and confidential material, a trade connection, or the stability of the workforce. For guidance on leading rulings and key decisions concerning the enforceability of post-termination restrictions, see Practice Note: Decisions on post-termination restrictions and garden leave in employment contracts. General the individual instructing you on the restrictions should be sufficiently senior and engaged in day-to-day operations to brief you on the business and the employee’s function in it, the legitimate interests to be protected, and the proportionality and reasonableness of the restraints and restrictions, to ensure instructions can be provided for these points pinpoint the employer’s legitimate business interests, namely trade secrets and confidential information, trade connection, and the stability of the workforce—see the Practice Note: Legitimate business interest for reference assess whether the employee’s duties involve access to, or control over, any of these specific legitimate business interests...

Stop Press: On 31 March 2026, the President of the Family Division, Sir Andrew McFarlane, released consolidated guidance on allocation and gatekeeping for children proceedings in the Family Court, coming into force on 5 May 2026. This replaces the 2014 public and private law guidance and establishes a single framework for allocation across all children cases. It clarifies the functions of gatekeeping teams, aligns allocation choices with contemporary procedural pathways (including Child Focused Courts), and underscores key principles of judicial continuity, proportionality and the efficient deployment of judicial resources, see News Analysis: Consolidated allocation and gatekeeping guidance for children proceedings issued. This Procedural Guide is presently being revised to align with the President’s guidance. It outlines the procedure for applications under section 8 of the Children Act 1989 for a specific issue order to resolve a particular question connected with parental responsibility, or a prohibited steps order limiting the exercise of parental responsibility in a defined respect. It also details who may apply, pre-action obligations, the principles the...

This Checklist should be considered in conjunction with Practice Note: Instructing an expert Precedent: Letter of instruction to own expert (with drafting notes) Civil Justice Council Guidance for the instruction of experts in civil claims (from 1 December 2014) This Checklist assumes Proceedings have begun and permission to adduce expert evidence under CPR 35.4 is in place The expert is a witness (not an adviser), is not a single joint expert, and exchange is simultaneous Fees are not contingent and the party is not publicly funded Core confirmations Adherence to CPR 35, PD 35 and the Guidance; independence, impartiality and proportionality; no conflict Operate only within expertise and acknowledge limits; understand sanctions and liabilities Timetable is realistic; immediate notice of any revised opinion; collaborate on questions, meetings, joint statements and hearings Data protection issues The expert has considered the UK GDPR and the Data Protection...

Flowchart No pharmaceutical product can be marketed without prior authorisation. This Flowchart describes the steps to obtain such approval, termed a marketing authorisation (MA), via the EU centralised route as set out by the procedure...

Birmingham City Council v Persons Unknown (Re Protests in Support of the Bin Workers’ Strike) [2026] EWHC 373 (KB) What are the practical implications of this case? The ruling confirms that public bodies may secure protest injunctions against ‘persons unknown’ when there is cogent proof of mounting, intentional disruption, provided procedural protections are scrupulously followed. By declining to waive service, the court emphasised that CPR 6.16 demands truly exceptional circumstances. Accordingly, claimants should implement robust alternative notification measures and adhere closely to CPR 6.15, with explicit provisions on deemed service and liberty to apply. Injunction terms should be bounded by time and geography, and supported by precise evidence addressing trespass, private nuisance and public nuisance. On substance, the decision clearly distinguishes peaceful assembly from intentional blockage of access or critical services. Although Articles 10 and 11 are in play, persistent, targeted interference with public services is unlikely to sit at the heart of the protected rights...

Digital markets CMA sets out how it will implement the 4Ps to support growth and investment under the new digital markets competition regime. The CMA has released guidance explaining its approach to meeting its four strategic objectives—pace, predictability, proportionality, and process (4Ps)—within the new digital markets competition regime created by the Digital Markets, Competition and Consumers Act 2024 (DMCCA). The 4Ps are intended to bolster growth, encourage investment, and strengthen business confidence across the UK’s competition and consumer frameworks...

Mergers CMA consults on proposed changes to its jurisdiction and procedure guidance and the mergers notice template The CMA has opened a consultation on proposed draft revisions to its mergers guidance on jurisdiction and procedure (CMA2) and to the merger notice template. These updates form part of its measures to sharpen the pace, predictability, proportionality and process (4Ps) of the merger control regime, aiming to boost growth, attract investment, and strengthen business confidence in the UK’s competition and consumer regimes...

This Practice Note examines the statutory bars to extradition from the UK contained in section 11 of the Extradition Act 2003 (EA 2003). There are numerous specific grounds that an individual may rely upon to resist extradition under EA 2003. Some of these grounds apply across both categories of request, while others are confined to EA 2003, Pt 1 or EA 2003, Pt 2 requests only. For an overview of the statutory scheme under EA 2003, see Practice Note: Extradition and the statutory framework—an introduction to extradition. For further guidance on the procedure applicable to EA 2003, Pt 1 and EA 2003, Pt 2, see Practice Note: Extradition under Parts 1 and 2 of the Extradition Act 2003—procedure. Statutory bars At the extradition hearing, the district judge will assess whether the request relates to an extradition offence and whether any of the statutory bars to extradition apply. The statutory grounds for opposing extradition are then considered in turn...

This Practice Note examines the Bank of England (BoE) and the Prudential Regulation Authority (PRA)’s supervisory expectations for banks and insurers in managing climate‑related financial risks, as articulated in supervisory statement SS3/19 (updated November 2024), alongside the related policy statement PS11/19. Background and introduction On 15 April 2019, the PRA issued PS11/19: Enhancing banks’ and insurers’ approaches to managing the financial risks from climate change, which summarised responses to consultation paper CP23/18 and included the final SS3/19 setting out the PRA’s expectations. The PRA observed that climate change, and society’s response to it, generate financial risks relevant to its objectives and, although such risks may fully emerge over longer horizons, they are already starting to be seen. SS3/19 set the expectation that firms take a strategic approach to climate‑related risk management, identifying present exposures and plausible future risks, and implementing suitable measures to mitigate them. A revised SS3/19, updated to reflect PS15/24—Review of Solvency II: Restatement of assimilated law, was published on 15 November 2024. The PRA’s...

This Practice Note addresses matters concerning the aids and appliances a claimant may need as a consequence of their injuries. The claimant must show that any aids and equipment sought meet a genuine medical or therapeutic requirement and are reasonably necessary. Where the claim is sizeable, opinion from an appropriate medical and/or care expert will be needed. This Practice Note also explores recurring questions, such as whether items are obtainable through the NHS, together with the ongoing costs of upkeep, replacement, and, for some items, insurance. Common types of aids and equipment The helpful aids range from the very simple to the highly sophisticated, including: Basic items, for example a shoe horn or walking stick Advanced solutions, for example a computer system assisting with speech or controlling the home environment, media streaming services, or an integrated telephone/headset for a wheelchair or car...

Claimant’s description of documentation requested 1. All communications and correspondence exchanged from 1 January 2015 to 30 December 2020 between the respondent and each of its suppliers, relating to extensions of time for deliveries. Claimant’s position on relevance and materiality The claimant contends that the respondent routinely granted its suppliers additional time for delivery and seized upon the claimant’s single instance of late delivery as a pretext to terminate the Agreement for purely financial motives. These communications, which the respondent ought properly to have retained, would confirm and evidence this. Respondent’s response to the claimant’s requests and reasons The respondent objects to the request on the basis that it seeks an overly broad category of documents, the identification and production of which would be burdensome. It is not a narrow and specific set as required by Article 3(a)(ii) of the IBA Rules. Furthermore, whether other suppliers were afforded extensions during the six-year period is not relevant to the pleaded issues and does not affect the...

1 Identify the need for a DPIA Outline at a high level what the project intends to deliver and the nature of the processing undertaken [ Add, eg you might find it useful to cite or link to supporting papers, such as a project proposal. Summarise the reasons you determined a DPIA is required. ] 2 Describe the processing Describe the nature of the processing [ Add, eg in what way will you gather, use, retain and erase data? What are the origins of the data? Will any data be disclosed to others? Which forms of processing considered potentially high risk are included? You could also refer to a flow chart or another method of mapping data movements ] Describe the scope of the processing: [ Add, eg what kind of data is involved, and does it cover special category or criminal offence data? How much data will be obtained and used? How frequently? For how long will it be kept? How many people...