Recent Statutory Instruments –

Posted March 30th, 2020 in legislation by sally

The Legal Services Act 2007 (Chartered Institute of Legal Executives) (Appeals from Licensing Authority Decisions) Order 2020, SI 2020/301

The First-tier Tribunal (Immigration and Asylum Chamber) Fees (Amendment) Order 2020, SI 2020/314

The Criminal Justice Act 2003 (Surcharge) (Amendment) Order 2020, SI 2020/310

The Turkey (Sanctions) (Unauthorised Drilling Activities in the Eastern Mediterranean) (Overseas Territories) Order 2020, SI 2020/283

The Somalia (Sanctions) (Overseas Territories) (Amendment) Order 2020, SI 2020/282

The Cyber (Sanctions) (Overseas Territories) Order 2020, SI 2020/281

The Nicaragua (Sanctions) (Overseas Territories) Order 2020, SI 2020/279

The Social Security Benefits Up-rating Order 2020, SI 2020/234

The European Union (Withdrawal Agreement) Act 2020 (Commencement No. 2) Regulations 2020, SI 2020/317

The Damages for Bereavement (Variation of Sum) (England and Wales) Order 2020, SI 2020/316

The UK Property Rich Collective Investment Vehicles (Amendment of the Taxation of Chargeable Gains Act 1992) Regulations 2020, SI 2020/315

The Gambling Act 2005 (Variation of Monetary Limits) Order 2020, SI 2020/307

The Guaranteed Minimum Pensions Increase Order 2020, SI 2020/235

The Single Use Carrier Bags Charges (England) (Amendment) Order 2020, SI 2020/324

The Financial Services and Markets Act 2000 (Exemption) (Amendment) Order 2020, SI 2020/322

The Higher Education and Research Act 2017 (Commencement Order No. 6) Regulations 2020, SI 2020/321

The Social Security (Contributions) (Amendment No. 3) Regulations 2020, SI 2020/320

The Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020, SI 2020/312

The Legal Services Act 2007 (Approved Regulator) Order 2020, SI 2020/271

The Health Protection (Coronavirus, Business Closure) (England) Regulations 2020, SI 2020/327

The Town and Country Planning (General Permitted Development) (England) (Amendment) Order 2020, SI 2020/330

The International Accounting Standards, Statutory Auditors and Third Country Auditors (Amendment) (EU Exit) Regulations 2020, SI 2020/335

The Capital Gains Tax (Annual Exempt Amount) Order 2020, SI 2020/333

The Taxes (Amendments) (EU Exit) Regulations 2020, SI 2020/332

The Abortion (Northern Ireland) Regulations 2020, SI 2020/345

The Civil Liability (Information Requirements) and Risk Transformation (Amendment) Regulations 2020, SI 2020/344

The Income Tax (Indexation) Order 2020, SI 2020/343

The Finance Act 2004 (Standard Lifetime Allowance) Regulations 2020, SI 2020/342

The Client Money Protection Schemes for Property Agents (Approval and Designation of Schemes) (Amendment) Regulations 2020, SI 2020/331

The Dogger Bank Creyke Beck Offshore Wind Farm (Amendment) Order 2020, SI 2020/329

The Investigatory Powers (Temporary Judicial Commissioners and Modification of Time Limits) Regulations 2020, SI 2020/360

The Police Act 1997 (Criminal Records) (Amendment) Regulations 2020, SI 2020/359

The National Health Service (Amendments Relating to the Provision of Primary Care Services During a Pandemic etc.) Regulations 2020, SI 2020/351

The Health Protection (Coronavirus, Restrictions) (England) Regulations 2020, SI 2020/350

The Street and Road Works (Amendments Relating to Electronic Communications) (England) (Amendment) Regulations 2020, SI 2020/346

The National Minimum Wage (Amendment) (No. 2) Regulations 2020, SI 2020/339

The National Minimum Wage (Amendment) Regulations 2020, SI 2020/338

The Statutory Sick Pay (Coronavirus) (Suspension of Waiting Days and General Amendment) Regulations 2020, SI 2020/374

The Social Security (Coronavirus) (Further Measures) Regulations 2020, SI 2020/371

The Competition Act 1998 (Solent Maritime Crossings) (Coronavirus) (Public Policy Exclusion) Order 2020, SI 2020/370

The Competition Act 1998 (Groceries) (Coronavirus) (Public Policy Exclusion) Order 2020, SI 2020/369

The Competition Act 1998 (Health Services for Patients in England) (Coronavirus) (Public Policy Exclusion) Order 2020, SI 2020/368

The Working Time (Coronavirus) (Amendment) Regulations 2020, SI 2020/365

The Coronavirus Act 2020 (Commencement No. 1) Regulations 2020, SI 2020/361

The Protection of Freedoms Act 2012 (Transitory Provision) Order 2020, SI 2020/358

The Serious Organised Crime and Police Act 2005 (Commencement No. 16) Order 2020, SI 2020/357

The Occupational and Personal Pension Schemes (General Levy) (Revocation) Regulations 2020, SI 2020/355

The Income Tax (Pay As You Earn) (Amendment No. 2) Regulations 2020, SI 2020/373

The Parental Bereavement Leave and Pay (Consequential Amendments to Subordinate Legislation) Regulations 2020, SI 2020/354

The Buckinghamshire (Structural Changes) (Supplementary Provision and Amendment) Order 2020, SI 2020/348


Court of Appeal rules for council in case on eviction for rent arrears against backdrop of domestic violence – Local Government Lawyer

‘The Court of Appeal has dismissed an appeal over whether it was not reasonable for the appellant to stay in a property from which she was evicted for rent arrears given that there was evidence she had been subjected to domestic violence.’

Full Story

Local Government Lawyer, 26th March 2020


BAILII: Recent Decisions

Posted March 30th, 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 (Commercial Court)

High Court (Family Division)

High Court (Queen’s Bench Division)

High Court (Technology and Construction Court)


Draft in haste… Coronavirus restrictions and homelessness – Nearly Legal

‘Here are emergency regulations, The Health Protection (Coronavirus, Restrictions) (England) Regulations 2020, made today. These, amongst many other things, deal with what commercial premises may open, or must be closed, and – to the point here – restrictions on individual movement.’

Full Story

Nearly Legal, 26th March 2020


Company wins High Court battle over business rates and subletting – Local Government Lawyer

Posted March 30th, 2020 in appeals, local government, news, rates by sally

‘A company was not liable for business rates on a building it does not wholly occupy, the High Court has found.’

Full Story

Local Government Lawyer, 27th March 2020


High Court orders disclosure of DBA and funding – Litigation Futures

Posted March 30th, 2020 in damages, disclosure, limitations, news, third parties by sally

‘The High Court has ordered the claimants in a major group action to disclose details of both the damages-based agreement (DBA) and third-party funding arrangements they have entered into.’

Full Story

Litigation Futures, 30th March 2020


Force majeure in 2020 – Law Society’s Gazette

Posted March 30th, 2020 in brexit, climate change, contracts, coronavirus, news by sally

‘While thousands of coronavirus sufferers around the world will be getting doctors’ notes to excuse them from work, Chinese businesses have been getting ‘force majeure certificates’ from their government to excuse them from contractual performance.’

Full Story

Law Society's Gazette, 25th March 2020


Ombudsman suspends complaints enquiries of councils and care providers – Local Government Lawyer

‘The Local Government and Social Care Ombudsman has suspended all casework activity that demands information from, or action by, local authorities and care providers, in light of the current coronavirus outbreak.’

Full Story

Local Government Lawyer, 26th March 2020


Coronavirus – new forms 3 and 6A for s8 and s21 – Nearly Legal

‘Now that the Coronavirus Act is in force (as of today 26 March 2020), the three month notice period applies to assure and assured shorthold tenancies (as well as secure, introductory, etc).’

Full Story

Nearly Legal, 26th March 2020


Theodore Konstadinides and Lee Marsons: Covid-19 and its impact on the constitutional relationship between Government and Parliament. – UK Constitutional Law Association

‘The Coronavirus Act 2020, the UK’s most substantial legislative response to the Covid-19 pandemic, received Royal Assent yesterday after a fast-tracked procedure through both Houses. Indisputably, the pandemic falls within the range of situations under which it is constitutionally acceptable for Bills to be fast-tracked. While there is no corollary between an expedited piece of legislation and a bad piece of legislation, fast-tracking the Coronavirus Bill carries important implications for the constitutional relationship between Government and Parliament. Not least, parliamentarians had limited time to scrutinise legislation containing measures that have been described by the Bingham Centre for the Rule of Law as ‘the most sweeping powers ever taken by the UK Government outside of wartime’. But, in this context, the implications for the balance between Government and Parliament extend beyond the immediate passage of the Act. Therefore, while Tierney and King stressed the dilemma between safeguarding public health and the protection of individual liberties vis-a-vis fast-tracked legislation, the purpose of this post is to outline a number of concerns provoked by this pandemic on the Government-Parliament relationship more broadly, while also making some comments on the Act itself.’

Full Story

UK Constitutional Law Association, 26th March 2020


Substantial compliance just won’t do: Supreme Court on international data transfers under DPA Part 3 – Panopticon

‘Foreign fighters. Law enforcement cooperation with the US. The death penalty. A seven judge bench in the Supreme Court. Despite showing all the signs of a landmark public law decision, Elgizouli v Secretary of the State for the Home Department [2020] UKSC 10 was a bit of a fizzer on that front. In the end, the real meat was in the DPA 2018’s regulation of law enforcement processing and international data transfers.’

Full Story

Panopticon, 30th March 2020


Chris Packham begins legal case to halt HS2 amid coronavirus crisis – The Guardian

‘Chris Packham is seeking an urgent injunction to immediately halt HS2’s destruction of ancient woodlands as campaigners criticise construction teams for allegedly ignoring the government’s physical distancing rules for coronavirus and endangering local people.’

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The Guardian, 27th March 2020


Coroners’ Investigations, Inquests and COVID-19 – UK Human Rights Blog

Posted March 30th, 2020 in coronavirus, coroners, delay, health, health & safety, human rights, inquests, news by sally

‘The following post was written on the morning of 26 of March 2020. Today, 27th of March, the Chief Coroner brought out Guidance 35 on hearings during the pandemic (no. 35), with the proviso that all these issues will be kept under review.’

Full Story

UK Human Rights Blog, 26th March 2020


Lawyers and HMCTS launch remote hearings resource – Legal Futures

Posted March 30th, 2020 in coronavirus, courts, live link evidence, news, remote hearings by sally

‘A project has gone live enabling the global justice community to share experiences of developing remote alternatives to physical court hearings in the wake of the coronavirus pandemic, spearheaded by Professor Richard Susskind.’

Full Story

Legal Futures, 30th March 2020


Police fine people over social distancing – BBC News

Posted March 30th, 2020 in coronavirus, emergency powers, enforcement, fines, health, health & safety, news, police by sally

‘Police forces in England and Wales have fined people for ignoring guidance to prevent the spread of coronavirus.’

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BBC News, 27th March 2020


Remote justice: a family perspective – Transparency Project

‘On Tuesday 17 March 2020, less than 24 hours after the Prime Minister’s announcement to the nation to avoid all non-essential contact due to COVID-19, I attended the first entirely remote hearing for the Court of Protection. I was there in a voluntary, non-official capacity to support someone I’ll call “Sarah”, whose father was at the centre of a serious medical treatment case.’

Full Story

Transparency Project, 29th March 2020


Majority of courts to close from Monday – Litigation Futures

Posted March 30th, 2020 in coronavirus, courts, health, health & safety, live link evidence, news, tribunals by sally

‘Fewer than half of courts and tribunals will remain open for face-to-face hearings as part of efforts to maintain a “core justice system focused on the most essential cases”, the government has announced.’

Full Story

Litigation Futures, 27th March 2020


Lockdown Regulations made: restrictions and police powers – UK Police Law Blog

‘The Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 were made at 1pm on 26 March 2020 and are now in force. They contain sweeping restrictions never before seen in peacetime in the United Kingdom. They apply to England only and expire in 6 months. They revoke and replace the Health Protection (Coronavirus, Business Closure) (England) Regulations 2020 – leaving the business closures in place.’

Full Story

UK Police Law Blog, 26th March 2020


Barristers urged to join Covid-19 pro bono panel – Legal Futures

Posted March 30th, 2020 in barristers, coronavirus, legal services, news, pro bono work by sally

‘National chambers Clerksroom is rallying barristers to volunteer for a new pro bono scheme to help keyworkers and struggling businesses affected by the coronavirus pandemic obtain legal advice.’

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Legal Futures, 27th March 2020


Home Office to hold on evicting asylum seekers during lockdown – The Guardian

‘The Home Office will stop evicting asylum seekers from government accommodation for the next three months while the UK remains in coronavirus lockdown, the British Red Cross has said.’

Full Story

The Guardian, 28th March 2020