R v Home Sec, ex parte Daly [2001]

Prisoner sought JR of Home Sec’s decision to bring
in new policy requiring prisoners may not be present when prison officers
examine prisoner’s legally privileged correspondence.
House of Lords held this violated common law rights
of prisoners.
Also violated prisoner’s rights under Article 8(1)
of ECHR.
Acknowledged that there was a material difference
between grounds for review set out in Wednesbury
and proportionality principle.
These differences in approach may sometimes yield
different results.