Leah Trueblood: ‘Following the Science:’ a Legal and Democratic Challenge – UK Constitutional Law Association

‘During a pandemic, it seems like a good idea for politicians to “follow the science.” But what does this actually mean? The claim that the Government is “following the science” is in many respects laudable, but is it also a convenient way to avoid or limit accountability? Due to a lack of transparency, it is unclear whether and to what extent substantive decisions are being made by scientists, or if this is just a politically helpful turn of phrase. A recent Institute for Government report Decision Making in a Crisis: First Responses to the Coronavirus Pandemic potentially provides some insight into this question. The report says that when deciding whether to lockdown the country in March, the Government looked to science for “answers” for what to do, rather than as part of a range of inputs into a decision-making process. Is the Government delegating decisions for which, under statute, it is exclusively responsible? Possibly. It is necessary to consider how decision-making and accountability mechanisms for decision-makers must be modified to reflect this change in who exercises power in the United Kingdom and how. It is often argued that scientists should be “on tap but not on top.” This post asks if this “on tap not on top” relationship is possible during a pandemic, and to assess the challenges for legal and democratic accountability if it is not.’

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UK Constitutional Law Association, 21st September 2020

Source: ukconstitutionallaw.org

Coronavirus approach ‘creates risks for the rule of law’ – Law Society’s Gazette

Posted September 21st, 2020 in coronavirus, human rights, news, parliament, rule of law, select committees by sally

‘The government’s approach to the coronavirus is creating risks for the rule of law, politicians have warned in a report looking at the human rights implications of Covid-19.’

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Law Society's Gazette, 21st September 2020

Source: www.lawgazette.co.uk

Infected blood scandal: Treasury refuses to publish key documents – The Guardian

‘The Treasury is refusing to publish key documents about the treatment of haemophiliacs infected by the NHS with HIV on the grounds that it would be “disruptive” and material might be “distorted” by the media.’

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The Guardian, 21st September 2020

Source: www.theguardian.com

Judges parachuted in to help employment tribunal backlog – Litigation Futures

Posted September 21st, 2020 in coronavirus, delay, employment, employment tribunals, news by sally

‘Deploying non-employment judges into employment tribunals (ETs) and more remote hearings are part of a package of measures announced by the government yesterday to help the system cope with the high level of demand.’

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Litigation Futures, 18th September 2020

Source: www.litigationfutures.com

EP 125: Transition towards Brexit in December 2020 – Law Pod UK

Posted September 21st, 2020 in bills, brexit, news, podcasts by sally

‘Professor Catherine Barnard discusses the difficulties to be overcome in the negotiations and the challenges presented by border issues as Parliament debates the Internal Market Bill.’

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Law Pod UK, 21st September 2020

Source: audioboom.com

Judge refuses to stand aside amid row over UK Covid trial delays – The Guardian

‘A senior judge has refused to step down from a case involving custody time limits after she replaced another judge who criticised the government over delays in delivering justice.’

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The Guardian, 18th September 2020

Source: www.theguardian.com

Recent Statutory Instruments – legislation.gov.uk

Posted September 21st, 2020 in legislation by tracey

The Health Protection (Coronavirus, International Travel) (England) (Amendment) (No. 14) Regulations 2020

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted September 21st, 2020 in law reports by tracey

Court of Appeal (Civil Division)

Rothschild v De Souza [2020] EWCA Civ 1215 (18 September 2020)

High Court (Administrative Court)

AA, R (On the Application Of) v The London Borough of Southwark [2020] EWHC 2487 (Admin) (18 September 2020)

Kefala v General Medical Council [2020] EWHC 2480 (Admin) (18 September 2020)

Huxtable, R (On the Application Of) v Secretary of State for Justice [2020] EWHC 2494 (Admin) (18 September 2020)

High Court (Queen’s Bench Division)

Pile v Chief Constable of Merseyside Police [2020] EWHC 2472 (QB) (18 September 2020)

London Borough of Hackney v Shiva Ltd & Ors [2020] EWHC 2489 (QB) (18 September 2020)

High Court (Technology and Construction Court)

Municipio De Mariana & Ors v BHP Group Plc & Anor [2020] EWHC 2471 (TCC) (18 September 2020)

Premier Engineering (Lincoln) Ltd v MW High Tech Projects UK Ltd [2020] EWHC 2484 (TCC) (18 September 2020)

Source: www.bailii.org

£10,000 fines warning for failing to self-isolate as England Covid infections soar – The Guardian

Posted September 21st, 2020 in care homes, children, coronavirus, emergency powers, enforcement, fines, news, statistics by sally

‘People in England who refuse to self-isolate when required to do so will face fines of up to £10,000 under an emergency “carrot and stick” plan to control the second wave of Covid-19 sweeping the country.’

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The Guardian, 20th September 2020

Source: www.theguardian.com

Jailed solicitor struck off for historic child abuse convictions – Legal Futures

‘A veteran solicitor serving nearly nine years in prison after being convicted of multiple counts of historic indecent assault against children has been struck off.’

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Legal Futures, 18th September 2020

Source: www.legalfutures.co.uk

The Supreme Court’s decision in Unwired Planet – what comes next? – Competition Bulletin from Blackstone Chambers

‘The UK Supreme Court has handed down its long-awaited judgment in Unwired Planet. Its decision has profound implications for patent owners and implementers alike and is likely to lead to heavily contested jurisdictional disputes going forward.’

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Competition Bulletin from Blackstone Chambers, 15th September 2020

Source: competitionbulletin.com

Renters: Eviction cases resume after six-month ban – BBC News

Posted September 21st, 2020 in coronavirus, debts, delay, domestic violence, housing, landlord & tenant, news, rent, repossession by sally

‘Eviction hearings will now resume in courts in England and Wales – but the most serious cases will be given priority.’

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BBC News, 21st September 2020

Source: www.bbc.co.uk

Parliament surrendered role over Covid emergency laws, says Lady Hale – The Guardian

‘The former president of the supreme court says parliament “surrendered” its role over emergency laws restricting freedoms amid the coronavirus pandemic, in an intervention expected to embolden MPs threatening a Commons revolt.’

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The Guardian, 20th September 2020

Source: www.theguardian.com