Sean Molloy: Covid-19, Emergency Legislation and Sunset Clauses – UK Constitutional Law Association

‘On 25 March, the UK passed the Coronavirus Act 2020 as part of its attempt to manage the coronavirus outbreak. The Act introduces a wave of temporary measures designed to either amend existing legislative provisions or introduce new statutory powers in order to mitigate the effects of the COVID-19 (See Nicholas Clapham’s Conversation post here on the content of Bill). As countries around the world enact similar laws, there are notable concerns regarding not only the impact of emergency provisions on human rights, but also the potential of emergency powers to become normalised. One response is to utilise sunset clauses. This piece argues that while sunset clauses are both welcome and necessary, they should nevertheless be approached with a degree of caution.’

Full Story

UK Constitutional Law Association, 8th April 2020

Source: ukconstitutionallaw.org

Barrister lied to police “to help close friend” – Legal Futures

Posted April 9th, 2020 in barristers, deceit, disciplinary procedures, news, professional conduct by sally

‘An unregistered barrister who lied about her status to extract information about an investigation by North Yorkshire Police has been disbarred.’

Full Story

Legal Futures, 9th April 2020

Source: www.legalfutures.co.uk

EP 106: Vicarious Liability – Robert Kellar QC & Isabel McArdle – Law Pod UK

‘Robert Kellar QC and Isabel McArdle of 1 Crown Office Row discuss with Rosalind English the latest Supreme Court rulings rejecting the liability of Barclays Bank for the wrongdoings of an independent contractor, on the one hand, and the liability of Morris’s Supermarket for the breach of data protection laws by one of its employees, on the other. Are enterprises to be shielded from the risks created by persons they commission to perform certain tasks?’

Full Story

Law Pod UK, 9th April 2020

Source: audioboom.com

Levi Ogden death: Man who killed partner by throwing phone jailed – BBC News

Posted April 9th, 2020 in domestic violence, homicide, imprisonment, news, sentencing by sally

‘A mother of two died after her drunken boyfriend threw a mobile phone at her neck during a row, a court has heard.’

Full Story

BBC News, 8th April 2020

Source: www.bbc.co.uk

UK domestic abuse helplines report surge in calls during lockdown – The Guardian

‘A helpline for perpetrators of domestic abuse who are seeking help to change their behaviour has received 25% more calls as the Covid-19 lockdown continues, fresh figures show.’

Full Story

The Guardian, 9th April 2020

Source: www.theguardian.com

‘Too scared to speak out’: young legal aid lawyers highlight Covid-19 pressures – Law Society’s Gazette

Posted April 9th, 2020 in coronavirus, legal aid, legal profession, news, solicitors, standards by sally

‘Furloughed but asked to work, starting work at 5am, prevented from working from home despite living with vulnerable parents – these are some of the shocking stories to emerge from a survey of junior legal aid lawyers.’

Full Story

Law Society's Gazette, 9th April 2020

Source: www.lawgazette.co.uk

Court of Appeal upholds order for disclosure to police of documents filed in care proceedings – Local Government Lawyer

Posted April 9th, 2020 in appeals, care orders, child cruelty, children, disclosure, documents, families, news by sally

‘The Court of Appeal has rejected a father’s appeal against an order for the disclosure of certain documents filed in childcare proceedings.’

Full Story

Local Government Lawyer, 7th April 2020

Source: www.localgovernmentlawyer.co.uk

UK crime agency loses case against ex-Kazakh president’s family – The Guardian

‘Britain’s National Crime Agency has lost a high court attempt to force the daughter and grandson of a former president of Kazakhstan to explain where they got the money to buy £80m of property in London.’

Full Story

The Guardian, 8th April 2020

Source: www.theguardian.com

Proposed amendments to the Human Rights Act to disadvantage UK war crimes victims – Oxford Human Rights Hub

Posted April 8th, 2020 in armed forces, bills, compensation, human rights, news, time limits, war crimes by sally

‘On 18 March 2020, the UK Minister for Defence introduced into the UK Parliament his promised package of new legislation designed to ‘protect veterans’. Entitled the Overseas Operations (Service Personnel and Veterans) Bill, the proposed laws would amend the UK’s Human Rights Act 1998 (HRA) in ways that impact on its human rights obligations, including under the European Convention on Human Rights (ECHR).’

Full Story

Oxford Human Rights Hub, 6th April 2020

Source: ohrh.law.ox.ac.uk

Court of Appeal rejects appeal over changes made by county council to SEN transport policy affecting 16-18 year olds – Local Government Lawyer

‘The Court of Appeal has dismissed an appeal over a council’s decision to amend its Special Educational Needs Home to School/College Transport Policy for the 2019/20 academic year.’

Full Story

Local Government Lawyer, 7th April 2020

Source: www.localgovernmentlawyer.co.uk

Divisional Court rejects Tesco judicial review challenge over criminal offences and food offered for sale after ‘use by’ date – Local Government Lawyer

‘Supermarket giant Tesco has lost a judicial review challenge over whether it was a criminal offence for a shop to offer food for sale, or otherwise place it on the market, after its labelled “use by” date.’

Full Story

Local Government Lawyer, 7th April 2020

Source: www.localgovernmentlawyer.co.uk

What a difference a PSED makes… – Nearly Legal

‘Ms Durdana was a tenant of LCH. She faced possession proceedings under ground 17 Sch 2 Housing Act 1988 – that the landlord was induced to grant the tenancy by a false statement made knowingly or recklessly by the tenant or someone acting at the tenant’s instigation.’

Full Story

Nearly Legal, 6th April 2020

Source: nearlylegal.co.uk

Remote Justice : A Judge’s perspective – Transparency Project

‘There is no question that remote hearings are a good means of ensuring the continued delivery of the decision-making element of the family justice system. It is amazing that we can do it at all and it is great that we can. But doing so in this way is at the cost of our ability properly to connect to one another, and judges like me are compromised in their ability to conduct hearings with the empathy, fairness, understanding and compassion that is rightly valued as an essential element of the Family Court. I appreciate that in order to deliver justice in the time of Covid-19 we must accept compromise. I wanted to share my experiences however, as there have been times that the extent to which I have felt constrained has been uncomfortable, and I worry about the impact on the parties, and the wider goal of delivering justice fairly. Even though huge progress has and will continue to be made in improving remote hearings, we will be working under the effects of Covid-19 for many months yet to come. I am concerned about the responsibility that will continue to fall on judges for deciding what cases are to be heard or not, and for setting the terms of reference for what constitutes a fair hearing in the time of Covid-19.’

Full Story

Transparency Project, 7th April 2020

Source: www.transparencyproject.org.uk

Barrister breached court order to see ex-girlfriend – Legal Futures

‘A senior barrister has been suspended for three months and fined £1,000 for twice breaching a non-molestation order to see his ex-girlfriend.’

Full Story

Legal Futures, 8th April 2020

Source: www.legalfutures.co.uk

Bayer v NHS Darlington Appeal – NIPC Law

‘This was an appeal by Bayer Plc and Novartis Pharmaceuticals UK Limited against Mrs Justice Whipple’s judgment in Bayer Plc v NHS Darlington Clinical Commissioning Groups and others : [2019] PTSR 922, [2018] WLR(D) 589, [2018] EWHC 2465 (Admin) which I blogged in Bayer Plc v NHS Darlington CCG and Others 2 Oct 2018. In her judgment, Mrs Justice Whipple dismissed applications for judicial review by Bayer and Novartis of a decision by NHS Darlington and other Clinical Commissioning Groups in Northeast England that the NHS Trusts from which they commission services should use a drug called Avastin as the preferred treatment option for an eye disease generally referred to as wet age-related macular degeneration (“WAMD”).’

Full Story

NIPC Law, 7th April 2020

Source: nipclaw.blogspot.com

Coronavirus: Walsall dad fined for son flouting lockdown – BBC News

‘A father has been fined by police after his son persistently flouted the coronavirus lockdown rules.’

Full Story

BBC News, 7th April 2020

Source: www.bbc.co.uk

Gethin Thomas: Back to the Wellbeing of Future Generations Bill – UK Constitutional Law Association

‘On 24 March 2020, the Wellbeing of Future Generations Bill 2020 was introduced into the House of Commons, for its first reading, by Caroline Lucas MP. The Bill had been introduced into the House of Lords on 21 October 2019, by Baroness Jenny Jones, on behalf of Lord John Bird (who is best known as the founder of Big Issue). Whilst the Bill is not supported by the Government, it has garnered cross party support, and the Bill’s co-sponsors are drawn from all of the major UK political parties.’

Full Story

UK Constitutional Law Association, 7th April 2020

Source: ukconstitutionallaw.org

UK lawyers inundated by divorced parents arguing over lockdown custody – The Guardian

Posted April 8th, 2020 in children, coronavirus, custody, divorce, families, news by sally

‘Lawyers have been inundated with inquiries from divorced parents arguing about where their children should stay during the lockdown, with some trying to get their former partners sent to jail for breaking existing custody arrangements.’

Full Story

The Guardian, 7th April 2020

Source: www.theguardian.com

What’s in an appeal? – Nearly Legal

Posted April 8th, 2020 in appeals, homelessness, housing, jurisdiction, local government, news by sally

‘What can be addressed in a section 204 Housing Act 1996 appeal of a review decision? What is the scope of the jurisdiction? This second appeal provides answers, albeit in a rather phyrric way.’

Full Story

Nearly Legal, 6th April 2020

Source: nearlylegal.co.uk

Inquests into deaths in custody during the COVID-19 pandemic – UK Human Rights Blog

‘Following the sad news of the first death in custody from COVID-19, a question arises: what are likely to be the issues at inquests into the deaths in custody from COVID-19?’

Full Story

UK Human Rights Blog, 6th April 2020

Source: ukhumanrightsblog.com