As the Commission has observed, it is an approach which is well represented in both civil law and common law jurisdictions Property Advocate in High Court (Discussion Property Lawyers in India Paper No 160, [2016] SLC 160 (DP), para 4. I accept that in DH and in Sampanis v Greece (Application No 32526/05), 5 June 2008 (Case Summary [2011] ECHR 1637), the difference in treatment between different groups was so striking as to amount, of itself, to prima facie evidence that the effect was discriminatory and to require explanation. Nevertheless, I consider that the appellant is entitled to rely on this evidence, so far as it goes, in conjunction with the unhappy history of the proceedings against her, as supporting her case that she has been the victim of discrimination.
21) that in relation to the obligation to pay damages section 11(3) should be amended so that, before the five-year prescriptive period begins to run, the creditor must be aware, as a matter of fact, (i) that loss, injury or damage has occurred, (ii) that the loss, injury or damage was caused by a person’s act or omission, and (iii) of the identity of that person. Whether the creditor is aware that the act or omission that caused the loss, injury or damage is actionable in law should be irrelevant.
30 and direct the release of the detenu, then it cannot be held that in a proper case the Top Property Lawyers India High Court Court has no jurisdiction to make an interim order giving the detenu the relief which the High Court would be entitled to give him at the end of the proceedings. The jurisdiction of the High Court to pass an interim order does not depend upon the nature of the order but its authority to give interim relief to a party which is auxiliary to the main relief to which the party would be entitled if he succeeds in- his petition.
Ms Padfield for the BSB objects that the mere fact of a statistical difference in treatment between two groups is not sufficient to establish that there is prima facie evidence that the effect of a measure or practice is discriminatory. It is essential to bear in mind the distinction between the existence of jurisdiction and its proper exercise. The Scottish Law Commission has published its Report on Prescription (Scot Law Com No 247, [2017] SLC 247) in July 2017, following its Discussion Paper (No 160, [2016] SLC 160 (DP) ) in which it invited views on, among other things, the discoverability test in section 11(3) of the 1973 Act in the light of Morrison v ICL decision.
[348 C] 345 It cannot also be said that the jurisdiction of the High Court to pass interim auxiliary orders under Art. Nevertheless, in the light of the history of these proceedings, I consider it appropriate to address the merits of the respondent’s notice. The appellant’s case is based, in part, on a 2013 report by Inclusive Employers into the BSB’s complaints system. I consider that Warby J was correct to conclude on the basis of the evidence before him that there were reasonable grounds for bringing the claim and that it had a real prospect of success.
Improper exercise of jurisdiction in such matters must necessarily be avoided by the courts in dealing with applications of this character. The BSB’s submission in the present case rests on the fallacious assumption that an inference from statistical difference in treatment is the only way in which a claimant can establish an infringement of article 14. That report analysed data from the period 2007-11 and concluded that (i) BME barristers were disproportionately over-represented in the complaints process in relation to the outcomes of external complaints; (ii) BME barristers were more likely to have a complaint referred to disciplinary action; and (iii) BME barristers were more likely to have complaints upheld.
As the Strasbourg court has made clear, indirect discrimination can be proved without statistical evidence (DH at para 188; Oršuš at para 153). It is apparent from his determination that his whole approach was to require Ms Sadovska and Mr Malik to prove that their proposed marriage was not a marriage of convenience, rather than to require the Home Office to prove that it was. That may not be the position in the present case.
226 is taken away by necessary implication when the High Court is dealing with habeas corpus petitions in relation to orders of detention passed under R. But there are live proposals for law reform. If on proof of certain conditions or grounds it is open to the High Court to set aside the order of detention made under R. [349 E] The jurisdiction of the High Court to grant relief to the detenu in such proceedings is very narrow and very limited and that being so, if the Court takes the view that prima facie the allegations in a petition disclose a serious defect in the order of detention which would justify the release of the detenu, the wiser and the more sensible and reasonable course to adopt would invariably be to expedite the hearing of the writ petition and deal with the merits without any delay.
This formula is included in the draft Bill annexed to the Report in section 5(1), (4) and (5). [350 A-B] If an order of bail is made by the India High Court Property Lawyers Court without a full trial of the issues involved merely on prima facie opinion formed by it, the said order would be open to the challenge that is the result of improper exercise of jurisdiction. In its report the Commission recommends (para 3. This conclusion, as Lord Malcolm recognised in the concluding paragraph of his opinion, may suggest that hard cases may be more common than it was previously thought.
It will be the task of the Members of the Scottish Parliament to decide whether they agree with the Scottish Law Commission’s recommendation for the reform of the discoverability test achieves a fair balance between the interests of the creditor and the debtor in the obligation to make reparation. [348 G] It is only when the High Court is satisfied that prima facie there is something patently illegal in the order of detention that an order for bail would be passed.
The First Minister has announced on 5 September 2017 that the Scottish Government intends to bring forward a Bill to reform the law of prescription as part of its legislative programme. The report went on to find that although there were steps the BSB could take to improve the complaints process from an equality and diversity perspective – in particular the provision of more prompt training for tribunal members which included training in unconscious bias – the procedure itself was not discriminatory and that other factors, as yet unidentified, were causing the disproportions shown in the data.