Calver, R (On the Application Of) v The Adjudication Panel for Wales (Rev 2) [2012] EWHC 1172 (Admin) (03 May 2012)

Calver, R (On the Application Of) v The Adjudication Panel for Wales (Rev 2) [2012] EWHC 1172 (Admin) (03 May 2012)

The Panel was entitled to find that the claimant's comments, though critical and sarcastic, breached the Code of Conduct by failing to show respect and consideration and bringing the Council into disrepute. However, the Panel erred in failing to give sufficient weight to the claimant's right to freedom of expression under Article 10 ECHR and in not recognising that the comments constituted political expression attracting enhanced protection. The restriction imposed was disproportionate in the circumstances and not justified under Article 10(2). The decision was therefore flawed in public law terms and must be quashed.

Citation
[2012] EWHC 1172 (Admin)
Parties
Claimant: Lewis Malcolm Calver; Defendant: The 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 After Substantive Hearing
Outcome
Claim allowed; decision of the Adjudication Panel for Wales quashed.
Legal Topics
Freedom of Expression, Code of Conduct for Councillors, Article 10 ECHR, Judicial Review, Local Government Act 2000, Standards Committees, Proportionality, Public Law
Administrative Law Human Rights Law Local Government Law Freedom of Expression Code of Conduct for Councillors Article 10 ECHR Judicial Review Local Government Act 2000 +3 more

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Parties

Lewis Malcolm Calver

Claimant

The Adjudication Panel for Wales

Defendant

Public Services Ombudsman for Wales

Interested Party

Procedural Posture

Judicial Review / Judgment After Substantive Hearing

Legal Issues

  1. 1 Whether the Panel erred in law in finding the claimant's comments breached the Code of Conduct
  2. 2 Whether the Panel failed to give sufficient weight to the claimant's right to freedom of expression under Article 10 ECHR
  3. 3 Whether the comments constituted political expression attracting enhanced protection under Article 10

Ratio Decidendi

The Panel was entitled to find that the claimant's comments, though critical and sarcastic, breached the Code of Conduct by failing to show respect and consideration and bringing the Council into disrepute. However, the Panel erred in failing to give sufficient weight to the claimant's right to freedom of expression under Article 10 ECHR and in not recognising that the comments constituted political expression attracting enhanced protection. The restriction imposed was disproportionate in the circumstances and not justified under Article 10(2). The decision was therefore flawed in public law terms and must be quashed.

Court Disposition

Claim allowed; decision of the Adjudication Panel for Wales quashed.

Orders

  • The decision of the Adjudication Panel for Wales dated 25 May 2011 is quashed.
  • No further action to be taken against the claimant in respect of the impugned comments.