Day: 1 May 2020
Judge orders fresh hearing of appeal over school places decision after successful challenge by renting residents – Local Government Lawyer
‘A panel that hears appeals against decisions on school places in Richmond-upon-Thames must reconsider a decision in relation to a family resident in rented property, the High Court has ruled.’
Local Government Lawyer, 30th April 2020
Source: www.localgovernmentlawyer.co.uk
Government legal move risks councils ‘downing tools’ on support for disabled children – Law Society’s Gazette
‘The Department for Education has taken two key steps to relieve councils of duties related to children with special educational needs (SEN) during the Covid-19 crisis.’
Law Society's Gazette, 1st May 2020
Source: www.lawgazette.co.uk
Supreme Court rules against government on LGPS and ethical disinvestment – Local Government Lawyer
‘The Supreme Court has overturned ministerial guidance to the Local Government Pension Scheme (LGPS) that was intended to put a stop to certain types of ethical disinvestment.’
Local Govdernment Lawyer, 29th April 2020
Source: www.localgovernmentlawyer.co.uk
New video technology to conduct remote criminal hearings – Law Society’s Gazette
‘New video equipment is being introduced to over 100 courts as the government increasingly turns to technology to conduct hearings remotely and keep the justice system running during the Covid-19 pandemic.’
Law Society's Gazette, 1st May 2020
Source: www.lawgazette.co.uk
New Judgment: AM (Zimbabwe) v Secretary of State for the Home Department [2020] UKSC 17 – UKSC Blog
‘This appeal related to the UK’s ability to deport a Zimbabwean citizen who, whilst being lawfully resident in the UK, had committed serious crimes. He sought to challenge the decision to deport him on the basis of ECHR, article 3. Being HIV positive, he argued that if deported he would be unable to access the medication he receives in the UK and which prevents his relapse into AIDS.’
UKSC Blog, 29th April 2020
Source: ukscblog.com
Indefinite retention of DNA profile, fingerprints and photographs of a convicted motorist contrary to article 8 – UK Police Law Blog
‘The European Court of Human Rights court held in Gaughran v United Kingdom [2020] ECHR 144 that the police’s indefinite retention of DNA profile, fingerprints and photographs of person convicted of a minor offence without a possibility of review constituted an infringement of Article 8 ECHR (respect for private life). This is the latest in a number of cases where the ECtHR has disagreed with a decision of the Supreme Court and represents a further development of the meaning of “private life”.’
UK Police Law Blog, 30th April 2020
Source: ukpolicelawblog.com
COVID-19 and Immigration Detention – UK Human Rights Blog
‘At the start of the year, some 1,200 immigrants were being held in immigration detention in the UK. The power to detain immigrants is separate from detention of individuals as part of a criminal sentence. There is a presumption against detention of immigrants and immigration detention, which can only be in accordance with one of the statutory powers (the majority of which are contained in the Immigration Act 1971 and the Immigration and Asylum Act 2002), and is allowed in the interests of maintaining effective immigration control, for example, to effect removal; to establish a person’s identity or the basis of their immigration claim; or where there is reason to believe that the person will fail to comply with any conditions attached to a grant of immigration bail.’
UK Human Rights Blog, 30th April 2020
Source: ukhumanrightsblog.com
UK prison officers punching compliant inmates, report says – The Guardian
‘Prison officers are allegedly punching compliant inmates who they suspect might misbehave in the future in a practice known as “preventive strikes”, a European human rights watchdog has said in a damning report on the state of jails in England.’
The Guardian, 30th April 2020
Source: www.theguardian.com
ASA upholds legal training company’s complaint about competitor – Legal Futures
‘A company that trains foreign lawyers to qualify as solicitors has successfully complained about a competitor that claimed to be the number one provider.’
Legal Futures, 30th April 2020
Source: www.legalfutures.co.uk
High Court clarifies ‘bad faith’ trade mark rules – Law Society’s Gazette
‘Businesses will need to avoid scattergun approaches to registering trade marks following an eagerly awaited High Court ruling. In Sky plc v SkyKick UK Ltd, Lord Justice Arnold ruled that a software company had infringed a trade mark of broadcaster Sky – but strongly criticised Sky for filing trade mark applications as a weapon. IP experts said the ruling would significantly change trade mark practice.’
Law Society's Gazette, 30th April 2020
Source: www.lawgazette.co.uk
‘Lady in the Lake’ murder: Gordon Park’s conviction upheld – BBC News
‘Three senior judges have rejected a posthumous appeal against the conviction of Gordon Park, the so-called “Lady in the Lake” killer.’
BBC News, 1st May 2020
Source: www.bbc.co.uk
Frederick Cowell: Lifting the Lockdown: The Human Rights Issues – UK Constitutional Law Association
‘The Coronavirus Act 2020, which was passed in less than three days by Parliament, does not contain the restrictions governing the lockdown in England. These are contained in the Health Protection (Coronavirus, Restrictions) (the Regulations) passed under the Public Health (Control of Diseases) Act 1984. Devolved governments have pursued similar strategies in this respect. As Professor Jeff King has argued on this blog, s.45 of the 1984 Act can be ‘construed literally to confer powers to impose the lockdown’ because it allows for restrictions on ‘persons, things or premises in the event’ of a threat to public health. Like all secondary legislation, following s.3 of the Human Rights Act 1998 this needs to be compatible with the European Convention on Human Rights (ECHR). Yet, as this post sets out, some difficult rights trade-offs and restrictions may come from lifting lockdown restrictions requiring us to revaluate what we consider as normal in terms of balancing rights and liberties.’
UK Constitutional Law Association, 1st May 2020
Source: ukconstitutionallaw.org
Making Sense of the Amended Lockdown Law – UK Human Rights Blog
‘As has been widely reported, the ‘lockdown’ imposed by the UK Government to tackle the continuing pandemic is governed in the main by the Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 (SI 2020/350) (the Original Regulations).’
UK Human Rights Blog, 1st May 2020
Source: ukhumanrightsblog.com
New Judgment: R (Palestine Solidarity Campaign Ltd & Anor) v Secretary of State for Communities and Local Government [2020] UKSC 16 – UKSC Blog
‘This appeal concerns the breadth of the ethical investments that the authorities which administer the local government pension scheme are permitted to make. The appellants brought a claim for judicial review alleging that two passages in the guidance issued by the Secretary of State pursuant to the Local Government Pension Scheme (Management and Investment of Funds) Regulations in 2016 was unlawful. The first passage concerned states that “the Government has made clear that using pension policies to pursue boycotts, divestment and sanctions against foreign nations and UK defence industries are inappropriate, other than where formal legal sanctions, embargoes and restrictions have been put in place by the Government”. The second passage states that authorities “[s]hould not pursue policies that are contrary to UK foreign policy or UK defence policy”.’
UKSC Blog, 30th April 2020
Source: ukscblog.com
Campaigners given permission for legal challenge over guidance from council on transgender issues in schools – Local Government Lawyer
‘The High Court has granted a campaign group permission for a judicial review challenge over Oxfordshire County Council’s guidance on transgender issues in schools.’
Local Government Lawyer, 29th April 2020
Source: www.localgovernmentlawyer.co.uk
Department for Education relaxes statutory timescales in four sets of regulations relating to SEN system – Local Government Lawyer
‘Various statutory deadlines in four sets of regulations dealing with special educational needs and disabilities, principally those that relate to EHC [Education, Health and Care] needs assessment and plan processes, will be modified with effect from tomorrow (1 May).’
Local Government Lawyer, 30th April 2020
Source: www.localgovernmentlawyer.co.uk
Law Commission unveils employment tribunal reform package – Litigation Futures
‘Doubling the time limit for launching claims to six months and allowing workers to bring breach of contract claims while still employed are among Law Commission recommendations for employment tribunal (ET) reform.’
Litigation Futures, 30th April 2020
Source: www.litigationfutures.com
SRA paralegal banned after child offences conviction – Legal Futures
‘A paralegal who was working at the Solicitors Regulation Authority (SRA) has been banned from the profession after being jailed for online sexual offences involving children.’
Legal Futures, 1st May 2020
Source: www.legalfutures.co.uk
Coronavirus and Clinical Negligence – Coronavirus: Guidance for Lawyers and Businesses
‘Nigel Poole QC considers the question: how will the Coronavirus pandemic affect clinical negligence litigation in England and Wales?’
Coronavirus: Guidance for Lawyers and Businesses, 30th April 2020
