Recovering commercial rent during the pandemic – Local Government Lawyer

Posted October 15th, 2021 in coronavirus, debts, landlord & tenant, leases, local government, news, rent, set-off by tracey

‘Clare Hartley and Chloe Postlethwaite analyse the latest favourable ruling for landlords in relation to commercial rent recovery during Covid-19, a judgment that confirms landlords can currently still rely on the court route notwithstanding the UK Government’s plans for arbitration next year.’

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Local Government Lawyer, 15th October 2021

Source: www.localgovernmentlawyer.co.uk

R (Rowley) v Minister for the Cabinet Office – Equality Law Blog

‘In this case the High Court (Fordham J) ruled that the respondent had discriminated against the claimant, who was profoundly deaf, by failing to provide of British sign language (“BSL”) interpreters for Government live briefings to the public about the Covid-19 pandemic on 21 September 2020 and 12 October 2020. The claimant challenged the failures on those occasions and also sought to challenge the respondent’s continuing refusal to use “on-platform” as distinct from “in-screen” BSL interpreters for briefings. The claimant sought to establish failures of the PSED imposed by s149 of the Equality Act 2010 in respect of the defendant’s ongoing approach to briefings, as well as failures of the duty to make reasonable adjustments imposed by ss20 and 29(7)(a) of the Act. The PSED claim failed as did the reasonable adjustment challenge to ongoing (“in-screen” BSL) briefings. The decision includes a comprehensive discussion of the leading authorities on disability discrimination in the context of services/public authorities.’

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Equality Law Blog, 13th October 2021

Source: equalitylawblog.com

Parliamentary Inquiry Condemns UK Government’s Handling Of Coronavirus – Each Other

Posted October 14th, 2021 in coronavirus, human rights, inquiries, news, reports, select committees by sally

‘The UK’s handling of the coronavirus pandemic has been deemed one of the worst ever public health failures, according to an inquiry report.’

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Each Other, 13th October 2021

Source: eachother.org.uk

A tale of two judges – Law Society’s Gazette

Posted October 11th, 2021 in coronavirus, county courts, judges, landlord & tenant, leases, news, rent by sally

‘Solicitors often warn clients that the views of the judge can make a difference to the outcome of their case, especially at first instance. Two county court judgments on the issue of whether a commercial lease renewed under the Landlord and Tenant Act 1954 should contain a ‘Covid clause’ are the perfect illustration of this.’

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Law Society's Gazette, 11th October 2021

Source: www.lawgazette.co.uk

Interim and final injunctions: the differences – Local Government Lawyer

‘Roderick Morton considers two injunction cases which neatly illustrate the differences between interim and final injunctions.’

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Local Government Lawyer, 8th October 2021

Source: www.localgovernmentlawyer.co.uk

Gender pay gap at Bar has widened over past 20 years – Legal Futures

‘The income gap between male and female barristers has increased over the last 20 years, new Bar Council figures have shown.’

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Legal Futures, 4th October 2021

Source: www.legalfutures.co.uk

Quarter of pupillage hopefuls £50k in debt – Law Society’s Gazette

Posted October 4th, 2021 in barristers, coronavirus, debts, news, pupillage, statistics by tracey

‘Over a third of aspiring barristers expect to have racked up over £40,000 of debt by the time they complete pupillage, as the number of applicants competing for jobs continues to rise.’

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Law Society's Gazette, 1st October 2021

Source: www.lawgazette.co.uk

Judge lambasts government lawyers who ignored court rules – Law Society’s Gazette

‘The Department of Health and Social Care has been publicly censured by the courts for repeatedly failing to comply with civil procedure rules on disclosure protocol in a case brought by a campaign group.’

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Law Society's Gazette, 1st October 2021

Source: www.lawgazette.co.uk

Consultation for vaccine passports – England – Law & Religion UK

‘Late on 27 September 2021, the Department of Health and Social Care issued the Consultation Proposal for mandatory COVID certification in a Plan B scenario: call for evidence, asking for responses by 11 October, although it encourages stakeholders to submit views as quickly as possible in case there is need to introduce certification, as part of Plan B, at short notice.’

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Law & Religion UK, 28th September 2021

Source: lawandreligionuk.com

Government faces legal challenge from pupil with SEN over “unfair” use of PCR testing in schools – Local Government Lawyer

‘The parents of a 15-year-old pupil with special educational needs and disabilities have instructed lawyers to challenge the lawfulness of government guidance to schools on Covid-19 testing, arguing that it should be urgently revised to enable pupils with disabilities to take less intrusive saliva tests.’

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Local Government Lawyer, 28th September 2021

Source: www.localgovernmentlawyer.co.uk

Sarah Everard: Former Met officer Wayne Couzens to be sentenced for murder – Daily Telegraph

‘A former police officer who kidnapped, raped and murdered Sarah Everard will return to the Old Bailey today to learn if he will spend the rest of his life behind bars.’

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Daily Telegraph, 29th September 2021

Source: www.telegraph.co.uk

To jab or not to jab? Covid vaccination dilemmas – Law Society’s Gazette

‘The main challenges to compulsory vaccination policies come from unfair dismissal and discrimination law. Unfair dismissal claims are available to employees with two years’ service. Claims would hinge upon the issue of whether an employee’s refusal to comply with a vaccination policy is a ‘substantial reason’ sufficient to justify their dismissal.’

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Law Society's Gazette, 27th September 2021

Source: www.lawgazette.co.uk

Council fails in bid for final injunction prohibiting defendants from anti-social behaviour in any public space in borough – Local Government Lawyer

Posted September 27th, 2021 in coronavirus, demonstrations, injunctions, local government, London, news, nuisance by sally

‘A High Court judge has rejected an application by the London Borough of Hackney for a final injunction prohibiting a number of defendants until 13 September 2022 from engaging in various activities which were said to constitute anti-social behaviour and/or public nuisance in any public space in the borough.’

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Local Government Lawyer, 24th September 2021

Source: www.localgovernmentlawyer.co.uk

‘Restless’ Raab sworn in as lord chancellor – Law Society’s Gazette

Posted September 24th, 2021 in coronavirus, judiciary, lord chancellor, news, remote hearings by sally

‘New justice secretary Dominic Raab has pledged to safeguard judicial independence after being sworn in as lord chancellor in a ceremony at the Royal Courts of Justice yesterday.’

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Law Society's Gazette, 24th September 2021

Source: www.lawgazette.co.uk

Richard Mackenzie-Gray Scott: Rebalancing upstream and downstream scrutiny of government during national emergencies – UK Constitutional Law Association

‘Scrutiny comes in many forms, which can lead to many outcomes. Public scrutiny of Government is one such form, which is an element of democratic governance that aligns with the rule of law. Yet those experiencing and observing the ongoing administration of life in the UK during the COVID-19 pandemic might be forgiven for arriving at the conclusion that public scrutiny of Government is an ideal currently evaporating into the ether.’

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UK Constitutional Law Association, 21st September 2021

Source: ukconstitutionallaw.org

Noisy neighbours spark 67% rise in police complaints – The Guardian

Posted September 20th, 2021 in budgets, complaints, coronavirus, local government, news, noise, police, statistics by tracey

‘Police forces across England faced a sharp increase in complaints about noisy neighbours during last year’s lockdown, with claims that years of cuts have left councils struggling to deal with antisocial behaviour.’

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The Guardian, 19th September 2021

Source: www.theguardian.com

Ministry of Justice overhaul as prison population predicted to hit nearly 100,000 – Daily Telegraph

Posted September 20th, 2021 in coronavirus, Ministry of Justice, news, police, prisons, sentencing, statistics by tracey

‘The Ministry of Justice (MoJ) is being overhauled in anticipation of a “bow wave” of more than 20,000 extra jailed criminals who will push the prison population to a post-war high of nearly 100,000 by 2026.’

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Daily Telegraph, 19th September 2021

Source: www.telegraph.co.uk

Covid teams can vaccinate pupils against parents’ wishes, schools told – The Guardian

Posted September 16th, 2021 in children, consent, coronavirus, news, school children, vaccination by tracey

‘Healthcare staff can decide whether children get a Covid vaccine against the wishes of their parents, according to government guidelines published on Wednesday that left some headteachers fearing protests at the school gates.’

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The Guardian, 15th September 2021

Source: www.theguardian.com

Will Cutting The Universal Credit Uplift Impact Human Rights? – Each Other

Posted September 15th, 2021 in benefits, coronavirus, government departments, human rights, news by tracey

‘Universal credit claimants are about to lose £20-a-week from their payments, equivalent to £1040 a year. Introduced as a temporary measure at the start of the coronavirus pandemic in 2020, Chancellor Rishi Sunak said the extra payment would stop in October. Removing the uplift, which has helped claimants make ends meet during the pandemic, could infringe on the right to a private life enshrined in Article 8 of the Human Rights Act.’

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Each Other, 15th September 2021

Source: eachother.org.uk

“The most complex Covid patient in the world” – UK Human Rights Blog

Posted September 15th, 2021 in coronavirus, Court of Protection, human rights, medical treatment, news by tracey

‘Cambridge University Foundation NHS v AH and others (by her Litigation Friend and the Official Solicitor). These are the words that Hayden J, Vice President of the Court of Protection, used to describe AH, the applicant in this case. The Official Solicitor identified it as “the most troubling and tragic of cases of this kind” with which she has been involved.’

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UK Human Rights Blog, 13th September 2021

Source: ukhumanrightsblog.com