Calver, R (On the Application Of) v The Adjudication Panel for Wales (Rev 2)

Calver, R (On the Application Of) v The Adjudication Panel for Wales (Rev 2)

The Panel took an unduly narrow view of 'political expression' and failed to give sufficient weight to the enhanced protection for political speech and the expectation that politicians tolerate robust criticism. The majority of the claimant's comments, though sarcastic and mocking, were about the performance of public duties and thus constituted political expression. The Panel's decision that these comments breached the Code of Conduct was a disproportionate interference with the claimant's right to freedom of expression under Article 10 ECHR and cannot stand.

Parties
Claimant: Lewis Malcolm Calver; Defendant: Adjudication Panel for Wales; Interested Party: Public Services Ombudsman for Wales
Jurisdiction
England and Wales
Judgment Date
03 May 2012
Procedural Posture
Judicial Review / Judgment
Outcome
Claim allowed; Panel's decision set aside
Legal Topics
Freedom of Expression, Code of Conduct for Councillors, Article 10 ECHR, Judicial Review, Proportionality, Political Expression
Administrative Law Human Rights Law Local Government Law Freedom of Expression Code of Conduct for Councillors Article 10 ECHR Judicial Review Proportionality +1 more

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Parties

Lewis Malcolm Calver

Claimant

Adjudication Panel for Wales

Defendant

Public Services Ombudsman for Wales

Interested Party

Procedural Posture

Judicial Review / Judgment

Legal Issues

  1. 1 Whether the Panel's decision that the claimant's comments breached the Code of Conduct erred in law or was otherwise flawed in public law terms
  2. 2 Whether the Panel failed to give sufficient weight to the claimant's right to freedom of expression under common law and Article 10 ECHR
  3. 3 Whether the comments constituted political expression attracting enhanced protection under Article 10

Ratio Decidendi

The Panel took an unduly narrow view of 'political expression' and failed to give sufficient weight to the enhanced protection for political speech and the expectation that politicians tolerate robust criticism. The majority of the claimant's comments, though sarcastic and mocking, were about the performance of public duties and thus constituted political expression. The Panel's decision that these comments breached the Code of Conduct was a disproportionate interference with the claimant's right to freedom of expression under Article 10 ECHR and cannot stand.

Court Disposition

Claim allowed; Panel's decision set aside

Orders

  • The Panel's decision of 25 May 2011 is quashed and set aside.