R (Daly) v Secretary of State for the Home Department
2001 · [2001] UKHL 26; [2001] 2 AC 532
Posted By lanbuk.com
- Facts
- A policy required prisoners to be absent while their cells were searched, including their legally privileged correspondence.
- Issue
- Was the blanket policy lawful?
- Held
- No. It went further than necessary and infringed the right to legal confidentiality.
- Principle
- Lord Steyn explained that may require the court to assess the balance struck, going beyond .
- Why it matters
- The leading case on proportionality in English public law.
Words and Latin in this note
- Wednesbury unreasonableness
- A ground of review: a decision so unreasonable that no reasonable authority could ever have come to it. Open the note.
- Proportionality
- A structured test: is the aim legitimate, is the measure rationally connected to it, could a less intrusive means be used, and is a fair balance struck? Open the note.
For study only. By lanbuk.com. Always check current sources and consult a qualified professional.