July 21st, 2023 by James Goudie KC

DALSTON PROJECTS LTD V SoS for TRANSPORT ( 2023 ) EWHC 1885 ( Admin ) considered proportionality in the context of interference with property rights from para 78. A proportionality challenge is ultimately a matter for the Court to determine and to do so with reference to all the information before it. That involves considering the substance of the decision, not the process of its making. Moreover, in coming to a judgment on proportionality, a court is not limited to assessing the decision-maker’s process, thinking or assessment at the time the decisions were made but can consider the matter in more general terms. However, although the Court itself determines proportionality objectively on the basis of its own assessment, a margin of discretion will be afforded to the decision-maker, to the extent that it has itself considered the relevant issues at the time of the challenged decision.

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