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Public law and Regulation

Case reports and guidance on public law and professional regulation issues

14 JUN 2012

R (on the application of Calver) v Adjudication Panel for Wales [2012] EWHC 1172 (Admin)

Blogs - Codes of conduct - Councillors - Freedom of expression - Justification

It was a disproportionate interference the right to freedom of expression, protected by Article 10 of the European Convention on Human Rights 1950, for the Adjudication Panel for Wales to decide that comments on the council's website broke the local authority's code of conduct.

3 May 2012

Administrative Court

Beatson J

(1)        Lewis Calver (C) sought to challenge by way of judicial review the decision of the Adjudication Panel for Wales that comments he made on his website breach Manorbier Community Council's Code of Conduct, which he was required to follow. The comments on C's website were critical of the council and other councillors. The standards committee found that C had not shown respect and consideration for others and had brought his office into disrepute, and had thereby breached the Code of Conduct. On appeal to the panel, it was held that the comments did not amount to political expression and so did not benefit from the enhanced protections under Article 10 of the European Convention on Human Rights 1950. C's submitted that the conclusions of the committee and the panel breached his rights under Article 10.

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