In McNally v Saunders (2021) EWHC 2012 (QB) summary judgment is granted to the defendant, an online blogger, in respect of a claim against him under the Protection from Harassment Act 1997. The claim was brought against him by a local authority’s Director of Public Health with the support of the authority. It concerns a series of personally critical blog articles and tweets. The Judge balances on the one hand  the public interest in the Director being able to fulfil her role without being subjected to conduct which undermines her ability to do so, and on the other hand freedom of expression.

In A&B v CICB (2021) UKSC 27 the Supreme Court reaffirmed that ECHR Art 14 does not cover differential treatment on any ground, but only on a ground of status: para 40. This has a broad meaning and must be generously interpreted : paras 42 and 57. However, the basis of discrimination of which complaint is made must have an existence independent of the measure under attack: para 59. Relevant status cannot be defined solely by difference in treatment: para 66. The Supreme Court also reaffirms that discrimination may arise where the State fails to treat differently persons whose situations are significantly different: para 69.

In R (SC) v SoS for Work & Pensions (2021) UKSC 26 a Seven Justices Supreme Court holds that (1) it is not appropriate for domestic Courts to determine whether the UK has violated its obligations under unincorporated international law : paras 74-96; (2) in approaching proportionality under ECHR Art 14 a nuanced approach is required, which is not fully captured by a “manifestly without reasonable foundation” standard of review, and which in some circumstances calls for mush stricter scrutiny : paras 97-162; and (3) only limited use can be made of Parliamentary material in considering whether primary legislation is compatible with ECHR rights: paras 163-185.

Article 7 of the ECHR relates to no punishment without law. It provides that no one shall be held guilty of any criminal offence on account of any act or omission which did not constitute a criminal offence at the time that it was committed. In Norman v UK (2021) ECHR 601 the ECtHR holds that the common law offence of misconduct in public office  carrying a maximum sentence of life imprisonment and not defined in statute, and subject to a Law Commission recommendation for abolition, does not infringe Article 7.

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