| Source: | All England Reporter |
| Publisher Citation: | [2012] All ER (D) 91 (May) |
| Neutral Citation: | [2012] EWHC 1172 (Admin) |
| Court: | Queen's Bench Division, Administrative Court (Cardiff) |
| Judge: | Beatson J |
| Representation | Robert McCracken QC and Matthew Paul (instructed by William Graham Law) for the claimant. |
| The defendant did not appear and was not represented. | |
| Gwydion Hughes (instructed by the Public Service Ombudsman for Wales) for the PSOW. | |
| Judgment Dates: | 3 May 2012 |
Catchwords
Local government - Councillor - Council's conduct committee finding claimant councillor in breach of council's code of conduct as result of comments posted on claimant's website - Defendant adjudication panel upholding decision of committee - Whether committee and panel erring in finding comments in breach of code - Whether restriction on freedom of expression justified - European Convention on Human Rights, art 10.
The Case
Local government Councillor. The Administrative Court, in allowing the claimant council member's application for judicial review, held that the defendant adjudication panel's decision that comments made on the claimant's website had broken the council's code had been a disproportionate interference with the claimant's rights under art10 of the European Convention on Human Rights.
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