Finding for the applicants, the ECtHR observed that there was no evidence that the secretary of state sought to weigh
the relevant competing interests or assess the proportionality of the restriction on the right to respect for family life.
Not exact matches
[30] In view of the almost absolute nature of the privilege,
competing interests are much less
relevant, and indeed, as stated by Major J. in McClure, a balancing of
interests is not appropriate.
It can be very challenging to balance the
competing interests of ensuring
relevant documents are located and disclosed — a cornerstone of the English judicial system — and ensuring that costs remain proportionate and timescales remain realistic.
The
relevant case law makes it clear that in applying the principles, a case by case approach is required, balancing
competing rights and
interests on the basis of the particular facts of each case.
In addition, there was no evidence that, when fixing the policy the secretary of state had sought to weigh the
relevant competing individual and public
interests or assess the proportionality of the restriction.
Competing interests None of the authors have any conflicts of
interest, including specific financial
interests and relationships and affiliations
relevant to the subject matter or materials discussed in the manuscript.
In order for brokers, agents and franchises to
compete for consumer
interest, they need to keep their heads up and look carefully at their strategy for remaining
relevant online.