Coronavirus cough attacks a crime, says prosecution chief – BBC News
‘Anyone who coughs on key workers as a threat amid the coronavirus crisis will face serious criminal charges.’
BBC News, 26th March 2020
Source: www.bbc.co.uk
Author: sally
Watchdog approves use of UK phone data if it helps fight coronavirus – The Guardian
‘The UK’s privacy watchdog has said the government can use personal data from people’s mobile phones to track and monitor behaviour if it helps fight the spread of coronavirus.’
The Guardian, 27th March 2020
Source: www.theguardian.com
MPs no longer to get automatic vote on constituency boundary plans – The Guardian
‘MPs will no longer automatically get a vote on any future plans to redraw constituency boundaries.’
The Guardian, 26th March 2020
Source: www.theguardian.com
Upper Tribunal cuts £572k civil penalties in housing case by 70% – Local Government Lawyer
‘The Upper Tribunal has allowed in part an appeal over civil penalties of £236,000 imposed on each of two defendants for housing offences, reducing the total amount to be paid to £174,000.’
Local Government Lawyer, 25th March 2020
Source: www.localgovernmentlawyer.co.uk
High Court judge highlights clash between diplomatic immunity and child protection – Local Government Lawyer
‘A Family Court case has highlighted a “virtually insoluble dilemma” between diplomatic immunity and child protection, leading Mr Justice Mostyn to call for an amendment to the 1961 Vienna Convention on Diplomatic Relations.’
Local Government Lawyer, 26th March 2020
Source: www.localgovernmentlawyer.co.uk
Warning over rise in UK domestic abuse cases linked to coronavirus – The Guardian
‘There has been a rise in domestic abuse incidents directly related to the coronavirus outbreak, according to a police leader.’
The Guardian, 26th March 2020
Source: www.theguardian.com
Virtual case begins as court rejects trial on papers – Litigation Futures
‘The High Court yesterday adjourned an upcoming trial, saying that the guidance on the coronavirus pandemic did not allow it to take place on the papers.’
Litigation Futures, 26th March 2020
Source: www.litigationfutures.com
Conveyancing: Government urges home movers to delay – Legal Futures
‘The government has urged home buyers and renters to delay moving to a new house if possible during the coronavirus lockdown and said there must be social distancing if they cannot.’
Legal Futures, 26th March 2020
Source: www.legalfutures.co.uk
UK police use drones and roadblocks to enforce lockdown – The Guardian
‘A police force has defended using a drone camera to shame people into not driving into a national park during the lockdown, while another force said it was introducing roadblocks to stop drivers heading to tourist hotspots.’
The Guardian, 26th March 2020
Source: www.theguardian.com
Upper Tribunal rules on burden of proof when statutory defence to HMO offence is pleaded – Local Government Lawyer
‘The Upper Tribunal has ruled on where the burden of proof lies when it is said that the manager of a house in multiple occupation had a reasonable excuse for conduct which, but for that defence, would amount to a relevant housing offence under section 249A, Housing Act 2004.’
Local Government Lawyer, 25th March 2020
Source: www.localgovernmentlawyer.co.uk
New Judgment: Elgizouli (AP) v Secretary of State for the Home Department [2020] UKSC 10 – UKSC Blog
‘The appellant’s son is alleged to have been one of a group of terrorists operating in Syria, involved in the murder of US and British citizens. The US made a mutual legal assistance request to the UK in relation to an investigation into the activities of that group. The Home Secretary requested an assurance that the information would not be used directly or indirectly in a prosecution that could lead to the imposition of the death penalty. The US refused to provide a full death penalty assurance and the Home Secretary agreed to provide information to the US without requiring any assurance. The appellant challenged the Home Secretary’s decision by way of judicial review. The questions for the Supreme Court were firstly whether it is unlawful for the Secretary of State to exercise his power to provide MLA so as to supply evidence to a foreign state that will facilitate the imposition of the death penalty in that state on the individual and secondly whether it is lawful under the Data Protection Act 2018, Part 3 for law enforcement authorities in the UK to transfer personal data to law enforcement authorities abroad for use in capital criminal proceedings.’
UKSC Blog, 25th March 2020
Source: ukscblog.com
Article 8: Test for Family Life arising out of Foster Care is no different to that of “Birth Families” – UK Human Rights Blog
‘On 12 March 2020 a unanimous Court of Appeal led by Sir Ernest Ryder (Senior President of the Tribunals), together with Lord Justice Bean and Lady Justice King, allowed the Appellant’s appeal against the First tier Tribunal (“FtT”) and Upper Tribunal (“UT”)’s decisions upholding the refusal of his application for leave to remain.’
UK Human Rights Blog, 24th March 2020
Source: ukhumanrightsblog.com
The Coronavirus Act and the Care Act: The Key Points – Coronavirus: Guidance for Lawyers and Businesses
‘The former Coronavirus Bill is now the Coronavirus Act 2020. The bill was not significantly amended in relation to the proposed changes to the Care Act – however, per s.87(2) of the Coronavirus Act, the changes relating to the Care Act will not come into force until further regulations are made to that effect. Arianna Kelly outlines the key points.’
Coronavirus: Guidance for Lawyers and Businesses, 26th March 2020
Judge gives guidance on application to Court of Appeal for interim relief – Local Government Lawyer
‘Lord Justice Hickinbottom has given guidance on making applications to the Court of Appeal for interim relief, in a housing case he declined to conclude because it had become academic.’
Local Government Lawyer, 25th March 2020
Source: www.localgovernmentlawyer.co.uk
The Maya Forstater case and so-called ‘gender critical’ feminism: what was actually decided and what does it reveal about UK discrimination law? – Oxford Human Rights Hub
‘In Forstater v CGD (2019), a think tank did not renew its contract for consultancy services with the claimant, Maya Forstater, allegedly because of Forstater expressing so-called ‘gender critical’ beliefs. Forstater claimed that she had suffered direct discrimination for having a protected belief under section 10 of the Equality Act 2010. In a preliminary decision, the employment tribunal considered whether the claimant’s belief was indeed protected. Tayler J identified the core of the claimant’s belief to be that sex is biologically immutable and, in no circumstances, is a trans woman ‘a woman’ or a trans man ‘a man’, even when the person in question has a Gender Recognition Certificate under the Gender Recognition Act 2004 (paragraph [77]). Due to the belief’s ‘no circumstances’ aspect, the judge labelled it ‘absolutist’ ([84]).’
Oxford Human Rights Hub, 22nd March 2020
Source: ohrh.law.ox.ac.uk
What powers does “take such action as is necessary to enforce” give to police officers? – UK Police Law Blog
‘The powers in the Health Protection (Coronavirus, Business Closure) (England) Regulations 2020 allow a constable to “take such action as is necessary to enforce a premises closure or restriction”. The powers in theCoronavirus Act 2020, schedule 22 (formerly schedule 21 in the Bill) are to enforce a restriction or prohibition on gatherings or events and to close and restrict access to premises during a public health response period. Again, it will allow a constable to “take such action as is necessary to enforce such a restriction, prohibition or closure”. But what does the phrase, “take such action as is necessary to enforce …” mean?’
UK Police Law Blog, 25th March 2020
Source: ukpolicelawblog.com
Akhter v Khan: Recognising (or not recognising) religious marriages in the UK – Oxford Human Rights Hub
‘Whether and how a religious marriage is recognised in law has profound consequences for couples and their children. This is the question at the heart of the Court of Appeal decision in Attorney General v Akhter and Khan [2020]. Here, the judges were faced with determining the status of a religious ceremony, conducted in a restaurant over 20 years ago – and in doing so, what family law rights the ‘wife’ has against her ‘husband’. In Akhter v Khan [2018] EWFC 54 the High Court argued for a novel solution to this question, through the law on null marriages. Widely praised for its pragmatism, the judge was able to avoid recognising their religious marriage as such, whilst still providing remedial protection to the ‘wife’ under Section 11 of the Matrimonial Causes Act 1973. The Court of Appeal has now reversed this decision and re-asserted the orthodox rules on recognising religious marriages.’
Oxford Human Rights Hub, 17th March 2020
Source: ohrh.law.ox.ac.uk
Landlord fails in Upper Tribunal appeal over requirement to attend training on tenancy management – Local Government Lawyer
‘The Upper Tribunal has rejected an appeal by a landlord over the imposition of a condition on his licence requiring him to attend training on how to manage tenancies.’
Local Government Lawyer, 25th March 2020
Source: www.localgovernmentlawyer.co.uk
Paedophile couple who met on Tinder jailed for 48 years after ‘sinking to depths of depravity’ – Daily Telegraph
‘A paedophile couple who met on Tinder have been jailed for 48 years after “sinking to the depths of depravity” to satisfy their own sexual urges.’
Daily Telegraph, 24th March 2020
Source: www.telegraph.co.uk
