‘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.’

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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.’

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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).’

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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

Posted May 1st, 2020 in appeals, judicial review, local government, news, pensions, Supreme Court by sally

‘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”.’

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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.’

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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).’

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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.’

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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.’

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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?’

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Coronavirus: Guidance for Lawyers and Businesses, 30th April 2020

Source: lawinthetimeofcorona.wordpress.com

Coronavirus: More than 9,000 fines for lockdown breaches – BBC News

‘More than 9,000 fines have been issued in England and Wales for breaching coronavirus lockdown restrictions.’

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BBC News, 30th April 2020

Source: www.bbc.co.uk

Coronavirus: Watchdog threatens legal action on holiday refunds – BBC News

‘Firms that fail to refund people for holidays and weddings cancelled because of the coronavirus outbreak could face legal action by the consumer watchdog.’

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BBC News, 30th April 2020

Source: www.bbc.co.uk

Call for employment tribunals to have more power to protect workers – The Guardian

‘Employment tribunals should be given powers to make awards of up to £100,000 for breach of contract and to deal with disputes where staff are still in work, the Law Commission has recommended.’

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The Guardian, 29th April 2020

Source: www.theguardian.com

Coronavirus: Jury trials face ‘biggest change since WW2’ – BBC News

‘Coronavirus could prompt the biggest changes to jury trials since World War Two, the head of judiciary in England and Wales has told the BBC.’

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BBC News, 30th April 2020

Source: www.bbc.co.uk

“Misguided” solicitor fined over offensive remark – Legal Futures

‘A veteran solicitor who made an “inappropriate and offensive remark” while trying to pay a compliment has been fined by the Solicitors Regulation Authority (SRA).’

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Legal Futures, 30th April 2020

Source: www.legalfutures.co.uk

British lawyer sues EU over her removal from its court due to Brexit – The Guardian

Posted May 1st, 2020 in barristers, brexit, citizenship, courts, EC law, employment, news, unfair dismissal by sally

‘The UK’s last judicial member of the European court of justice is suing the council of the European Union and the EU court over her removal from office because of Brexit.’

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The Guardian, 1st May 2020

Source: www.theguardian.com

Yousef Makki death: inquiry into Greater Manchester police dropped – The Guardian

‘A watchdog has dropped its misconduct investigation into Greater Manchester police’s handling of a case involving the death of a schoolboy in Cheshire.’

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The Guardian, 30th April 2020

Source: www.theguardian.com

Recent Statutory Instruments – legislation.gov.uk

Posted May 1st, 2020 in legislation by tracey

The Direct Payments to Farmers (Crop Diversification Derogation) (England) Regulations 2020

The Criminal Legal Aid (Coronavirus, Remuneration) (Amendment) Regulations 2020

The Special Educational Needs and Disability (Coronavirus) (Amendment) Regulations 2020

The Education (School Teachers’ Qualifications and Induction Arrangements) (England) (Coronavirus) (Amendment) Regulations 2020

The Value Added Tax (Extension of Zero-Rating to Electronically Supplied Books etc.) (Coronavirus) Order 2020

The Value Added Tax (Zero Rate for Personal Protective Equipment) (Coronavirus) Order 2020

Source: www.legislation.gov.uk

Court of Appeal sets out ‘cardinal points’ on remote hearings and approach to public law children cases – Local Government Lawyer

‘The Court of Appeal has handed down rulings in the first two appeals relating to the welfare of children to have reached the court on the issue of remote hearings during the COVID-19 pandemic.’

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Local Government Lawyer, 30th April 2020

Source: www.localgovernmentlawyer.co.uk

Domestic abuse prosecutions fell by 24% at end of 2019 – The Guardian

‘The number of domestic abuse prosecutions fell by almost a quarter in the last three months of 2019, compared to the previous year, according to quarterly figures released by the Crown Prosecution Service. Rape prosecutions also fell 23% in the last three months of 2019 compared to a year prior, maintaining a historic low.’

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The Guardian, 30th April 2020

Source: www.theguardian.com

‘One of the most controversial questions which the law of human rights can generate’: Supreme Court alters approach to Article 3 in medical cases – an extended look – UK Human Rights Blog

‘Unlike some of the rights protected by the European Convention on Human Rights, the prohibition on torture or inhuman or degrading treatment under Article 3 is absolute. There is no question of striking a balance between Article 3 and other considerations: the state simply may not act in a way which would breach this prohibition.’

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UK Human Rights Blog, 29th April 2020

Source: ukhumanrightsblog.com