Day: 19 March 2020

The Corona Virus Bill and Human Rights – British Institute of Human Rights

Posted March 19th, 2020 in bills, coronavirus, human rights, news by sally

‘The UK, and the World, are facing a health crisis that we have not seen the likes of in over 100 years. This is a worrying time for many people and there is a need for governments to respond, including ours here in the UK. At times like these, when so many of us can find ourselves in an unfamiliar (or familiar) position of vulnerability, it is vital that we can be assured safety includes the protection of our dignity and not losing the rules of fairness and respect in the way power is used to respond to this situation. Recognising the need to protect everyone’s human dignity was, after all, born out of World War 2, one of the worst crises in modern history.’

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British Institute of Human Rights, 19th March 2020

Source: www.bihr.org.uk

BAILII: Recent Decisions

Posted March 19th, 2020 in law reports by sally

Court of Appeal (Civil Division)

Court of Appeal (Criminal Division)

High Court (Administrative Court)

High Court (Chancery Division)

High Court (Queen’s Bench Division)

Source: www.bailii.org

Coronavirus Bill 2019-21 – Parliament.uk

Posted March 19th, 2020 in bills, coronavirus, news by sally

‘The Bill was introduced to the House of Commons and given its First Reading on Thursday 19 March 2020. This stage is formal and takes place without any debate.’

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Parliament.uk, 19th March 2020

Source: services.parliament.uk

Coronavirus (COVID-19): Message from the Lord Chief Justice to judges in the Civil and Family Courts – Courts and Tribunals Judiciary

Posted March 19th, 2020 in civil justice, coronavirus, family courts, news by sally

‘Events have been moving so fast that detailed guidance on how to sustain the administration of justice in these two important jurisdictions would be overtaken by developments very quickly.’

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Courts and Tribunals Judiciary, 19th March 2020

Source: www.judiciary.uk

Killing the goose? – Hardwicke Chambers

Posted March 19th, 2020 in anonymity, demonstrations, injunctions, news by sally

‘On 5 March 2020 the Court of Appeal handed down judgment in Canada Goose UK Retail Ltd v Person Unknown [2020] EWCA Civ 303. The case concerned protests at the claimant’s Regent Street shop against the brand’s use of animal fur and down. But the Court of Appeal gave wide and authoritative guidance in relation to claims for injunctions against un-named defendants (“persons unknown.”)’

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Hardwicke Chambers, 12th March 2020

Source: hardwicke.co.uk

Inducing Breach of Contract: – Reliance on Legal Advice Saves the Day in Court of Appeal – Littleton Chambers

Posted March 19th, 2020 in contract of employment, enforcement, news, restrictive covenants by sally

‘In an important decision yesterday (27 February), Allen v Dodd & Co Limited [2020] EWCA Civ 258, the Court of Appeal held that if a person believes their conduct will probably not result in a breach of a contract they will not be liable for inducing a breach even if: (a) they knew there was a risk of breach; and (b) the court subsequently finds such a breach.’

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Littleton Chambers, 28th February 2020

Source: www.littletonchambers.com

Court of Protection Newsletter #18 – Spire Barristers

Posted March 19th, 2020 in chambers articles, coronavirus, Court of Protection, news by sally

‘Welcome to the March issue of Spire Barristers’ Public Law Newsletter covering news from around the web, practice updates and case reviews in Court of Protection and Public Law matters.’

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Spire Barristers, 18th March 2020

Source: spirebarristers.co.uk

Asda v Brierley – Old Square Chambers

Posted March 19th, 2020 in equal pay, equality, news, Supreme Court, women by sally

‘Can a group of predominantly female retail store employees compare themselves to a group of predominantly male distribution depot employees for the purposes of an equal pay claim? The Supreme Court will have the final say on this question this year, in the highly anticipated appeal in Asda Stores Ltd v Brierley and other.’

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Old Square Chambers, 12th March 2020

Source: www.oldsquare.co.uk

Council defends challenge over provision of secure accommodation for children at risk of being detained by police – Local Government Lawyer

Posted March 19th, 2020 in children, detention, local government, news by sally

‘Judges have dismissed a legal challenge over an alleged systemic failure by a London council to provide adequate secure accommodation for children at risk of being detained in police cells in circumstances where normal local authority accommodation would be unsuitable to meet the risks they pose to the general public.’

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Local Government Lawyer, 17th March 2020

Source: www.localgovernmentlawyer.co.uk

First all-Skype trial tests crisis working at CoP – Law Society’s Gazette

Posted March 19th, 2020 in coronavirus, Court of Protection, live link evidence, news by sally

‘An entire trial is being conducted over Skype in a legal first that lawyers say could be a model way to ensure court business continues during the Covid-19 pandemic.’

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Law Society's Gazette, 19th March 2020

Source: www.lawgazette.co.uk

Environmental Law News Update – Six Pump Court

Posted March 19th, 2020 in budgets, chambers articles, climate change, coronavirus, environmental protection, news by sally

‘In this latest environmental law news update Charles Morgan and Christopher Badger consider environmental promises in this week’s budget, effects on the environment from the coronavirus and a new report that says net zero by 2050 is possible.’

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Six Pump Court, 12th March 2020

Source: www.6pumpcourt.co.uk

Mother sends letter before action to government over coronavirus and strategy for needs of younger disabled people, lack of testing of health and social care workers – Local Government Lawyer

Posted March 19th, 2020 in children, coronavirus, disabled persons, news, social services by sally

‘Claimant law firm Simpson Millar has sent a letter before action on behalf of the mother of a child with a number of complex health and learning disabilities calling on the UK government to confirm its strategy for “meeting the needs of younger disabled people (children and working age adults) in the context of the current pandemic”.’

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Local Government Lawyer, 18th March 2020

Source: www.localgovernmentlawyer.co.uk

Fenwick brothers from Alnwick jailed for knife attack – BBC News

Posted March 19th, 2020 in attempted murder, news, sentencing, wounding by sally

‘Two brothers who attacked one of their ex-girlfriends and her partner have been jailed.’

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BBC News, 17th March 2020

Source: www.bbc.co.uk

Why Making Profit From Children’s British Citizenship Fees Harms Us All – Each Other

Posted March 19th, 2020 in children, citizenship, fees, news by sally

‘Three months after a landmark court ruling, UK-born children applying for British citizenship must still fork out an unlawfully high fee of £1,012.’

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Each Other, 18th March 2020

Source: eachother.org.uk

Sharp rise in NHS claims for lack of informed consent – Litigation Futures

Posted March 19th, 2020 in consent, hospitals, medical treatment, news by sally

‘Negligence claims against the NHS due to failure to inform patients before they consent to procedures have spiralled up since the Supreme Court’s landmark Montgomery ruling in 2015, a new study has found.’

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Litigation Futures, 19th March 2020

Source: www.litigationfutures.com

Housing associations body says no one should be evicted because of coronavirus – Local Government Lawyer

Posted March 19th, 2020 in coronavirus, housing, news, repossession by sally

‘No one should lose their home because of coronavirus, the National Housing Federation has said.’

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Local Government Lawyer, 18th March 2020

Source: www.localgovernmentlawyer.co.uk

CoA rules litigant in person needed help making right claim – Law Society’s Gazette

Posted March 19th, 2020 in litigants in person, news, pleadings by sally

‘Appeal judges have advised that courts must step in if litigants in person are mistakenly pursuing the wrong case. In Mervyn v BW Controls Ltd the Court of Appeal ruled that, in cases where at least one party is unrepresented, judges should intervene to clarify issues which arise on pleadings and confirm which claims have been conceded.’

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Law Society's Gazette, 18th March 2020

Source: www.lawgazette.co.uk

Amendments to CPR Part 55: what you need to know – Tanfield Chambers

Posted March 19th, 2020 in civil procedure rules, landlord & tenant, news, repossession by sally

‘CPR 55.11 and 55.12 are being amended to remove Demoted Tenancies and oral tenancy agreement cases from falling within the scope of Accelerated Possession Proceedings. The standard form N5B is being amended accordingly and coincides with the Tenant Fees Act 2019.’

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Tanfield Chambers, 25th March 2020

Source: www.tanfieldchambers.co.uk

‘Lambs to the slaughter’: 50 lives ruined by the Windrush scandal – The Guardian

Posted March 19th, 2020 in citizenship, colonies, deportation, government departments, immigration, news, reports by sally

‘As the report on the Home Office scandal is finally published, we revisit the victims’ stories.’

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The Guardian, 19th March 2020

Source: www.theguardian.com

Windrush review to call for reform of ‘reckless’ Home Office – The Guardian

Posted March 19th, 2020 in citizenship, colonies, deportation, government departments, immigration, news, reports by sally

‘Wholesale reform of a “reckless” and “defensive” Home Office is expected to be recommended in a hard-hitting review into the causes of the Windrush scandal when it is released by the home secretary on Thursday.’

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The Guardian, 19th March 2020

Source: www.theguardian.com