Supreme Court rejects appeal bid by Welsh Ministers over s.73 permissions ruling – Local Government Lawyer

Posted May 20th, 2020 in appeals, local government, news, planning, Supreme Court, Wales by sally

‘The Supreme Court has refused the Welsh Ministers’ application for permission to appeal a ruling that s.73 permissions cannot alter the description of development, it has been reported.’

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Local Government Lawyer, 19th May 2020

Source: www.localgovernmentlawyer.co.uk

Female barristers warn of “disproportionate attrition” during Covid-19 – Legal Futures

‘Female barristers have urged the courts and chambers to take action to avoid the coronavirus crisis leading to “further and disproportionate attrition of women from the Bar”.’

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Legal Futures, 20th May 2020

Source: www.legalfutures.co.uk

Ayshea Megyery summarises recent cases and research in respect of the impact of COVID-19 in the family courts – Park Square Barristers

‘Whether a case proceeds by remote hearing must be decided on the sometimes competing factors of the individual case. However, pushing forward to achieve remote hearings must not be at the expense of a fair and just process. The decision of the President distils a number of key principles to be borne in mind. Just because a matter can be heard remotely does not mean it must be. In this case the delay in proceedings was outweighed by the fact that the hearing could not be properly or fairly conducted without the physical presence of the mother before the judge in the courtroom. As a result of that decision, the President re-listed the matter until such time that the restrictions relating to Covid-19 are lifted.’

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Park Square Barristers, 14th May 2020

Source: www.parksquarebarristers.co.uk

Grenfell Tower Inquiry on hold until July at earliest amid coronavirus pandemic – BBC News

Posted May 20th, 2020 in accidents, coronavirus, delay, fire, housing, inquiries, news by sally

‘The Grenfell Tower Inquiry will not resume until July at the earliest, organisers have said.’

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BBC News, 19th May 2020

Source: www.bbc.co.uk

Unconvicted terrorism suspects face indefinite controls under UK bill – The Guardian

‘Terrorism suspects who have not been convicted of any offence face expanded and potentially never-ending measures to control their lives under proposed counter-terrorism laws unveiled by the UK government.’

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The Guardian, 20th May 2020

Source: www.theguardian.com

First academic to become Supreme Court judge to be sworn in at closed ceremony next month – Local Government Lawyer

Posted May 20th, 2020 in judges, news, Supreme Court by sally

‘The first Justice of the Supreme Court to be appointed direct from academia, Professor Andrew Burrows, will be sworn in at a closed ceremony on 2 June, it has been announced.’

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Local Government Lawyer, 19th May 2020

Source: www.localgovernmentlawyer.co.uk

ABE 2016/19 has gone AWOL – Counsel

‘Shortcomings and legal anachronisms: how can we achieve best evidence if current guidance is dangerously out of date on the law on special measures? asks Laura Hoyano.’

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Counsel, May 2020

Source: www.counselmagazine.co.uk

Barrister in libel battle with TV personalities – Legal Futures

Posted May 20th, 2020 in barristers, defamation, internet, news by sally

‘Comments about TV stars Rachel Riley and Tracy-Ann Oberman made in an article retweeted by a London barrister were defamatory, the High Court has ruled in a preliminary hearing.’

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Legal Futures, 19th May 2020

Source: www.legalfutures.co.uk

Up to 1,500 English primary schools to defy 1 June reopening plan – The Guardian

‘Up to 1,500 primary schools in England are expected to remain closed on 1 June after a rebellion by at least 18 councils forced the government to say it had no plans to sanction them.’

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The Guardian, 19th May 2020

Source: www.theguardian.com

FCA instructs City giant to run BI insurance test cases – Litigation Futures

Posted May 20th, 2020 in coronavirus, financial services ombudsman, insurance, news by sally

‘The Financial Conduct Authority (FCA) has instructed City giant Herbert Smith Freehills for the test cases it intends to run on whether business interruption (BI) insurance covers the coronavirus pandemic.’

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Litigation Futures, 18th May 2020

Source: www.litigationfutures.com

Watchdog reveals 8.8m attempts to access online child abuse in April – The Guardian

‘Nearly 9m attempts to access child sexual abuse material online were made in the UK last month during the coronavirus lockdown, according to an internet watchdog.’

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The Guardian, 20th May 2020

Source: www.theguardian.com

Getting the Court to Hear Your Case During the Pandemic – 3PB

Posted May 19th, 2020 in adjournment, coronavirus, county courts, lists, news, remote hearings by sally

‘The county court has responded rapidly to the sudden and unprecedented change to its working practices. However, the move to remote hearings has brought a marked decline in the retention of existing listings. Many litigants have found their hearings adjourned by the court even when those hearings were, on the face of it, suitable for hearing remotely.’

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3PB, 12th May 2020

Source: www.3pb.co.uk

A Welcome Restriction on the Jurisdiction to Issue Community Protection Notices? by Emma Downing – Broadway House Chambers

‘Within the Youth Court the principles of parental engagement, involvement and where necessary responsibility are all well-established.’

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Broadway House Chambers, 11th May 2020

Source: broadwayhouse.co.uk

COVID-19 : a murderous virus? – Church Court Chambers

Posted May 19th, 2020 in causation, coronavirus, murder, news, prosecutions, unlawful killing by sally

‘Notwithstanding the seriousness of the coronavirus (COVID-19) pandemic and a global effort to fight the same, some individuals have taken it upon themselves to exacerbate the horror of the virus by spitting at others, purporting to have coronavirus. The Criminal Justice System is sadly accustomed to dealing with offences that involve threats to spread disease via bodily fluids; these offenders are often seeking to cause psychological terror and harm, rather than physical harm. However in circumstances such as this, the immediate psychological fear caused by the concern that the victim may have contracted the virus, may then be sadly outweighed by the pain and suffering of contracting the virus and subsequent death.’

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Church Court Chambers, May 2020

Source: churchcourtchambers.co.uk

Planning for the Future – 39 Essex Chambers

Posted May 19th, 2020 in chambers articles, coronavirus, news, planning by sally

‘There has been a determined effort by Ministers and much of government to keep the planning system going during the coronavirus crisis. The ability to carry out development is one of the means of maintaining jobs and restoring the economy as the country comes out of lockdown.’

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39 Essex Chambers, 14th May 2020

Source: www.39essex.com

Who gets the ventilator? Important legal rights in a pandemic – Blackstone Chambers

Posted May 19th, 2020 in chambers articles, coronavirus, hospitals, medical treatment, news by sally

‘COVID-19 is a highly contagious infection with no proven treatment. Approximately 2.5% of patients need mechanical ventilation while their body fights the infection.1 Once COVID-19 patients reach the point of critical illness where ventilation is necessary, they tend to deteriorate quickly. During the pandemic, patients with other conditions may also present at the hospital needing emergency ventilation. But ventilation of a COVID-19 patient can last for 2–3 weeks. Accordingly, if all ventilators are in use, there will not be time for patients to ‘queue up’ to wait for those who arrived earlier to recover. Those who need a ventilator will die if they do not receive access to one quickly.’

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Blackstone Chambers, 14th May 2020

Source: coronavirus.blackstonechambers.com

Second edition released of Cloisters Toolkit: Returning to work in the time of Coronavirus – Cloisters

Posted May 19th, 2020 in chambers articles, coronavirus, employment, health & safety, news by sally

‘A second edition of Cloisters Toolkit: Returning to work in the time of Coronavirus is now available. The comprehensive guide takes account of the latest government guidance on workplaces, travel to work and the furlough scheme.’

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Cloisters, 12th May 2020

Source: www.cloisters.com

Ivory ban upheld by Court of Appeal – UK Human Rights Blog

‘The overarching complaint was that the evidence base was insufficient. The appellant’s criticisms of Jay J’s analysis can be summarised as follows:

(i) wrongful use of the precautionary principle and the acceptance of inadequate evidence to support the bans;

(ii) failure to take account of the failings in the Impact Assessment which preceded the Bill and the according of too much deference to Parliament; and

(iii) violation of the principle of respect for property and the wrongful failure to require a right to compensation.’

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UK Human Rights Blog, 19th May 2020

Source: ukhumanrightsblog.com

John Bowers QC’s Employment Law Blog: Disobeying reasonable instructions – Littleton Chambers

Posted May 19th, 2020 in coronavirus, employment, health & safety, news, protective equipment by sally

‘As Britain gears up to go back to work the issue of whether employees can refuse to carry out certain tasks (or to work at all) will come to the fore as it has in other countries where the lock down has been lifted. The unions are already making it an issue. Clearly people will say I will not work without appropriate social or physical distancing. They may also argue that they are not willing to work without personal protection equipment. Or that they do not want to go to work on public transport. There is likely to be a great deal of litigation and some hard cases to be decided. So how does the law strike the necessary balance? This is not something that happened much in pre covid life but there are some precedents.’

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Littleton Chambers, 11th May 2020

Source: littletonchambers.com

Self-Employed Income Support Scheme (‘SEISS’) – Old Square Chambers

Posted May 19th, 2020 in coronavirus, news, remuneration, self-employment by sally

‘With the scheme going live on 13 May 2020, Giles Powell and Conor Kennedy consider the SEISS and its effects.’

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Old Square Chambers, 12th May 2020

Source: www.oldsquare.co.uk