Equalities watchdog to investigate hostile environment policy – The Guardian

‘The Home Office is being investigated over whether it breached equality law when it introduced the “hostile environment” immigration measures that caused catastrophic consequences for thousands of Windrush generation residents living legally in the UK.’

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The Guardian, 12th June 2020

Source: www.theguardian.com

Capacity, DOLS and Covid-19- Updated Guidance – Doughty Street Chambers

‘The Government has provided additional guidance on looking after those who may lack capacity in the pandemic.’

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Doughty Street Chambers, 11th June 2020

Source: insights.doughtystreet.co.uk

Protesting During a Pandemic: What Are Your Rights? – 3PB

‘The general rule is that everyone has the right to associate with others and to gather together for a common purpose. Article 11 of the ECHR safeguards our right to peaceful assembly and is one of the foundations of a democratic society. This means that the State cannot interfere with your right to join a peaceful assembly and protest, even if the protest is against the State itself, or simply because the protest might cause inconvenience or lead to heated debate and tension. Article 11 does not safeguard intentionally violent protests; the State can interfere where a protest turns violent.’

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3PB, 4th June 2020

Source: www.3pb.co.uk

Guidance from the High Court on adjournments in care proceedings during the COVID-19 pandemic (A Local Authority v Mother and Ors) – 1 GC: Family Law

‘Liz Andrews, barrister at 1|GC Family Law reviews the judgment in A Local Authority v The Mother and others where Williams J was required to determine, in light of the guidance of the President of the Family Division alongside the recent decisions concerning adjournments during the coronavirus (COVID-19) pandemic, whether a fact-finding hearing taking place within long-running care proceedings was to continue following the conclusion of expert evidence and, if so, in what form, or whether the hearing should be adjourned to allow the lay parties to give evidence in person.’

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1 GC: Family Law, 5th June 2020

Source: 1gc.com

Court of Appeal considers the cardinal points for remote hearings during the coronavirus (COVID19) pandemic (Re A (children) and Re B (Children)) – 1 GC: Family Law

‘On consecutive days, the Court of Appeal, which included the President of the Family Division, considered two decisions of the lower courts to conduct remote hearings, Re A in relation to a final hearing as to care and placement orders and Re B regarding an interim care order with a plan for removal. Matthew Fletcher, barrister at 1|GC Family Law, compares and contrasts the two decisions and analyses whether common threads emerge that could assist practitioners in advising clients and making submissions to the court as to whether a case is suitable for a remote hearing.’

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1 GC: Family Law, 4th June 2020

Source: 1gc.com

Courts ‘preparing to fast-track prosecutions for Black Lives Matter protesters’ – Daily Telegraph

‘British courts are preparing to fast-track prosecutions for the Black Lives Matter protests, as justice secretary Robert Buckland has told magistrates to model the process along the lines of the response to rioting in London in 2011, The Times reported.’

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Daily Telegraph, 12th June 2020

Source: www.telegraph.co.uk

Lloyds fined £64m for unfair treatment of mortgage customers – The Guardian

Posted June 12th, 2020 in banking, financial services ombudsman, fines, housing, mortgages, news by sally

‘Lloyds Banking Group has been fined £64m by the City watchdog for failing to treat mortgage customers fairly after they fell into financial difficulty.’

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The Guardian, 11th June 2020

Source: www.theguardian.com

Council wins appeals over reduction of penalties for unlicensed flat rentals – Local Government Lawyer

‘The London Borough of Waltham Forest has won two appeals over reductions made by the First-Tier Tribunal to penalty notices for unlicensed flat rentals.’

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Local Government Lawyer, 11th June 2020

Source: www.localgovernmentlawyer.co.uk

Probation services to return to public control after Grayling disasters – The Guardian

Posted June 12th, 2020 in contracting out, Ministry of Justice, news, police, probation by sally

‘Probation services in England and Wales will be fully restored to public ownership and control, the justice secretary has announced, marking the final nail in the coffin of Chris Grayling’s disastrous privatisation changes.’

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The Guardian, 11th June 2020

Source: www.theguardian.com

Detention, Damages and Draft Remedial Orders: a look at the Strasbourg case law behind the proposal to amend the Human Rights Act – UK Human Rights Act

Posted June 12th, 2020 in chambers articles, damages, detention, human rights, news, ultra vires by sally

‘When a provision of legislation is held to be incompatible with a Convention right, a Minister of the Crown “may by order make such amendments to the primary legislation as he considers necessary”. This power to take remedial action, contained within section 10 of the Human Rights Act (HRA), applies when a domestic court finds an incompatibility with the European Convention on Human Rights (ECHR), and also when the Minister considers a provision of legislation incompatible with the Convention “having regard to a finding of the European Court of Human Rights” (ECtHR). A recent draft remedial order laid before Parliament aims to remedy an incompatibility of the latter kind, following the ECtHR’s judgment in Hammerton v United Kingdom no. 6287/10 ECHR 2016. The draft remedial order is of particular interest because it purports to amend the Human Rights Act itself.’

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UK Human Rights Act, 11th June 2020

Source: ukhumanrightsblog.com

Vaccination – No ‘biggie’ but still ‘a big deal’ – Transparency Project

‘Here, in the midst of a public health emergency, is an important Court of Appeal decision about immunisation.’

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Transparency Project, 10th June 2020

Source: www.transparencyproject.org.uk

Universities Investigate Adverts On Channel 4 Show That ‘Dehumanised’ Traveller Community – Each Other

‘Three universities are investigating how their adverts appeared on a Channel 4 documentary accused of “dehumanising” the Traveller community.’

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Each Other, 11th June 2020

Source: eachother.org.uk

Shamima Begum’s UK citizenship should be restored, court told – The Guardian

Posted June 12th, 2020 in appeals, citizenship, government departments, immigration, news, terrorism by sally

‘Shamima Begum, the woman who left Britain as a schoolgirl to join Islamic State, cannot effectively challenge the government’s decision to deprive her of British citizenship while she is in a detention camp in northern Syria, the court of appeal has been told.’

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The Guardian, 11th June 2020

Source: www.theguardian.com

Coronavirus: Police fines for lockdown breaches fall as measures ease – BBC News

Posted June 12th, 2020 in coronavirus, emergency powers, enforcement, fines, news, police, statistics by sally

‘More than 17,000 fines for alleged breaches of coronavirus lockdown laws have been issued in England and Wales.’

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BBC News, 11th June 2020

Source: www.bbc.co.uk

Adding Allegations to a Clinical Negligence Claim: a brief summary of Mangala Janakarajah v (1) Oxford University Hospitals NHS Trust (2) Mario Petrou [2020)] QBD (Soole J) 03/06/2020 – Parklane Plowden Chambers

‘In clinical negligence cases things change. That’s often because new expert evidence, witness evidence, or medical records come to light. So, when can you add to your existing case?’

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Parklane Plowden Chambers, 5th June 2020

Source: www.parklaneplowden.co.uk

There have been no successful prosecutions for deaths in British police custody since 1969 – here’s why – The Guardian

‘Black people account for 3% of the population, but 8% of deaths in custody. As a former chief prosecutor, I know this is only the end point of a system that disproportionately suspects, arrests, convicts and imprisons BAME people.’

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The Guardian, 11th June 2020

Source: www.theguardian.com

Restoring companies to the register: article exploring issues arising in mesothelioma litigation and the conflict between the Compensation Act 2006 and 2010 – Parklane Plowden Chambers

‘This article intends to investigate probably well-rehearsed principles implied in bringing actions for personal injury against long-since defunct and even dissolved companies.’

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Parklane Plowden Chambers, 10th June 2020

Source: www.parklaneplowden.co.uk

Frustrated by COVID-19? Tell that to your contract – No. 5 Chambers

Posted June 11th, 2020 in chambers articles, contracts, coronavirus, news by sally

‘The law of frustration has reared its head at some memorable moments in British history: King Edward VII’s cancelled coronation; the First World War; the Second World War; and Brexit. Will the COVID-19 pandemic join this list?’

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No. 5 Chambers, 3rd June 2020

Source: www.no5.com

MEF v St George’s Healthcare NHS Trust – No. 5 Chambers

Posted June 11th, 2020 in birth, costs, hospitals, negligence, news, personal injuries, time limits by sally

‘Mr Justice Morris dismissed the Defendant’s appeal seeking to overturn Master Rowley’s decision that a Calderbank Offer without a time limit was capable of being accepted two days into a detailed assessment hearing.’

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No. 5 Chambers, 8th June 2020

Source: www.no5.com

COVID-19 and the Right to Protest – St John’s Buildings

‘Criminal barrister Rebecca Penfold has co-authored an article with Aparna Rao of 5 Paper Buildings about Covid-19 and the right to protest. It asks what rights do individual citizens have to protest, whilst subject to lockdown restrictions in England?’

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St John's Buildings, 3rd June 2020

Source: stjohnsbuildings.com