Category: coronavirus

Barder: Where are we now? – Family Law

Posted March 15th, 2021 in appeals, coronavirus, divorce, families, family courts, financial dispute resolution, financial provision, news, time limits by tracey

‘Few would have thought back on 1 March 2020 that we would, some 12 months later, be facing the first birthday of the strictest restrictions on personal freedoms in living memory. As we approach the anniversary of the first lockdown on 23 March 2020, it seems appropriate that we reconsider one of key questions of family lawyers back in Spring 2020, that of whether the pandemic was likely to satisfy the principles set down in the 1987 case of Barder v Barder [1987] 2 FLR 480. Unprecedented times, there is no doubt, but unprecedented enough to constitute a Barder event?’

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Family Law, 12th March 2021

Source: www.familylaw.co.uk

Multiple employment claims shoot up as Covid hits working conditions – Law Society’s Gazette

Posted March 15th, 2021 in age discrimination, class actions, coronavirus, employment, employment tribunals, Ministry of Justice, news, statistics, unfair dismissal by tracey

‘Multiple claims in the employment tribunal nearly doubled towards the end of 2020 as the effects of the pandemic took effect. Statistics published this week by the Ministry of Justice show 29,000 claims were made by more than one person based on the same set of facts in the final three months of last year. This is 82% up on the same period in 2019.’

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Law Society's Gazette, 12th March 2021

Source: www.lawgazette.co.uk

Johnson to chair crime taskforce on violence against women as he calls Everard vigil footage ‘concerning’ – The Independent

Posted March 15th, 2021 in bills, coronavirus, criminal justice, Crown Prosecution Service, demonstrations, enforcement, government departments, murder, news, police, violence, women by tracey

‘Boris Johnson will chair a meeting of the government’s crime and justice taskforce on Monday to discuss what more needs to be done to stamp out violence against women and girls.’

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The Independent, 15th March 2021

Source: www.independent.co.uk

Sarah Everard: Court challenge over Clapham vigil ban – BBC News

Posted March 12th, 2021 in coronavirus, demonstrations, human rights, murder, news, women by sally

‘Organisers of a vigil in response to the disappearance of Sarah Everard are going to the High Court after police said gatherings would be “unlawful”.’

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BBC News, 12th March 2021

Source: www.bbc.co.uk

Pondering the Imponderables: Future Loss of Earnings Claims Post-COVID – Ropewalk Personal Injury Blog

Posted March 11th, 2021 in chambers articles, coronavirus, damages, news, personal injuries by sally

‘The significant uncertainties in the economy and the employment market caused by the pandemic may lead to an upsurge in defendants arguing that damages for future loss of earnings should be assessed by way of a Blamire and/or a Smith v Manchester award rather than using the multiplier/multiplicand method. It could be contended that, applying the pre-COVID guidance, the extraordinary nature of those uncertainties creates too many imponderables for assessment using the standard multiplier/multiplicand basis. Conversely, the same uncertainties may make it easier for claimants to obtain Smith v Manchester awards and in higher amounts than before.’

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Ropewalk Personal Injury Blog, 3rd March 2021

Source: www.ropewalk.co.uk

Capacity and best interests in relation to Covid-19 Vaccination – Garden Court Chambers

Posted March 11th, 2021 in chambers articles, coronavirus, Court of Protection, elderly, mental health, news, vaccination by sally

‘Mrs E was aged 80 and lived in a care home. She had diagnoses of dementia and schizophrenia.’

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Garden Court Chambers, 26th February 2021

Source: www.gardencourtchambers.co.uk

Ministry extends ban on bailiff-enforced evictions – Local Government Lawyer

Posted March 11th, 2021 in bailiffs, coronavirus, landlord & tenant, news, notification, repossession, time limits by sally

‘The Government has extended the ban on bailiff-enforced evictions in all but the most serious circumstances and the requirement for landlords to provide six-month notice periods to residential tenants before they evict until at least 31 May.’

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Local Government Lawyer, 10th March 2021

Source: www.localgovernmentlawyer.co.uk

Court backlogs having ‘major consequences for victims’, watchdog says as trials scheduled in 2023 – The Independent

Posted March 9th, 2021 in coronavirus, courts, criminal justice, delay, news, victims by tracey

‘Court backlogs are having “major consequences for victims and witnesses”, a watchdog has found, as criminal trials are being scheduled for 2023.’

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The Independent, 9th March 2021

Source: www.independent.co.uk

Steven Chaplin: Review of Parliaments and the Pandemic – UK Constitutional Law Association

Posted March 8th, 2021 in constitutional law, coronavirus, emergency powers, government departments, news, parliament by tracey

‘As the pandemic moves into its second year, the effects on Parliaments, not only as legislating and accountability bodies but as institutions, are becoming more apparent. What began as a series of emergency measures imposed by government, generally supported by all parties, has given way to longer term concerns regarding government accountability and the sidelining of Parliament, along with some consideration and re-imagining of post-pandemic Parliaments.’

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UK Constitutional Law Association, 8th March 2021

Source: ukconstitutionallaw.org

Surgeons fear wave of lawsuits over delays to cancer treatment – The Guardian

Posted March 8th, 2021 in cancer, compensation, coronavirus, delay, doctors, hospitals, medical treatment, news by tracey

‘The NHS is facing what doctors fear is “a legal storm” of claims for compensation from patients who could not get cancer treatment during the pandemic. Leading cancer surgeons are warning that patients who could not have surgery at the planned time, or a scan, or see their GP because of Covid-related disruption to services may sue if their cancer subsequently spread.’

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The Guardian, 7th March 2021

Source: www.theguardian.com

Covid and sentencing: a round-up of the relevant authorities – Doughty Street Chambers

Posted March 5th, 2021 in chambers articles, coronavirus, criminal justice, imprisonment, news, sentencing by sally

‘The pandemic has inarguably made custody more severe. Prisoners spend more time in their cell, have fewer visits, and face a heightened risk of infection. The higher courts have established that sentencing courts should account for such hardship. The below is a round-up of the relevant authorities.’

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Doughty Street Chambers, 4th March 2021

Source: insights.doughtystreet.co.uk

A brief update: COVID-19 related workplace disputes in Employment Tribunal – Parklane Plowden Chambers

Posted March 5th, 2021 in chambers articles, coronavirus, employment, employment tribunals, health & safety, news, unfair dismissal, vaccination by sally

‘As anticipated the start of 2021 has shown an increase in COVID-19 related claims being heard at employment tribunals. What type of claims have been heard so far and what should we expect to see more of?’

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Parklane Plowden Chambers, 1st March 2021

Source: www.parklaneplowden.co.uk

Would receipt of a Covid-19 vaccine be in a mentally incapacitated person’s best interests when other treatments are proposed by a family member? – Garden Court Chambers

Posted March 5th, 2021 in care homes, coronavirus, Court of Protection, disabled persons, elderly, families, local government, news, vaccination by sally

‘V is in her early 70s and resides in a care home. She has Korsakoff’s syndrome. SD, V’s daughter, sought a declaration that it would not be in V’s best interests to administer a Covid-19 vaccine to V. The local authority argued it was in V’s best interests to receive the vaccine.’

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Garden Court Chambers, 26th February 2021

Source: www.gardencourtchambers.co.uk

Call for vulnerable victims to give video evidence amid courts backlog – The Guardian

Posted March 5th, 2021 in coronavirus, courts, criminal justice, cross-examination, delay, evidence, Ministry of Justice, news, trials, video recordings by tracey

‘Up to 10,000 vulnerable victims facing long delays for trials should be allowed to give evidence by video in an attempt to stop them falling out of the system, according to the victims’ commissioner for England and Wales.’

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The Guardian, 5th March 2021

Source: www.theguardian.com

Covid-19 Has Highlighted Why Secondary Legislation Needs Reforming – Each Other

Posted March 4th, 2021 in coronavirus, news, parliament, regulations by sally

‘Every year, Parliament makes hundreds of changes to UK law with little to no scrutiny from elected MPs. Partnering with EachOther, the legal charity Public Law Project has launched a video – available to watch below – calling for this process to be reformed. In this article, Alexandra Sinclair, the Public Law Project’s research fellow, explains more about the campaign.’

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Each Other, 4th March 2021

Source: eachother.org.uk

The government is hell-bent on diluting the Human Rights Act. We must protect it – Kate Allen – The Guardian

Posted March 4th, 2021 in coronavirus, human rights, judicial review, news by sally

‘These rights have been central to many key justice fights in the past 20 years, and we can’t allow politicians to take them away.’

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The Guardian, 3rd March 2021

Source: www.theguardian.com

Law in a Time of Crisis by Jonathan Sumption review – beyond the lockdown sceptic – The Guardian

Posted March 3rd, 2021 in brexit, coronavirus, judges, legal history, news, parliament, rule of law, Supreme Court, universities by sally

‘The former judge and renowned historian loses his cool on Covid and the culture wars.’

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The Guardian, 3rd March 2021

Source: www.theguardian.com

Daniella Lock, Fiona de Londras and Pablo Grez Hidalgo: Parliamentary Engagement with Human Rights under COVID-19 and the Independent Human Rights Act Review – UK Constitutional Law Association

Posted March 3rd, 2021 in constitutional law, consultations, coronavirus, human rights, news, parliament by sally

‘As the deadline for submissions to Independent Human Rights Act Review (IHRAR) passes this week, the appropriate division of constitutional labour in respect of human rights protection continues to attract debate. The terms of reference for the IHRAR suggests a focus on the role of the courts in protecting rights under the Human Rights Act 1998 (HRA). In particular, it asks whether the roles of the courts, Parliament and the Government are appropriately “balanced” in this respect. In our submission to the IHRAR we have highlighted that, in line with the structure and principles of the UK constitution, the HRA is designed to give Parliament a leading role in human rights protection. In spite of this, however, we have further noted that Parliament too often fails to undertake appropriate rights-related deliberation, scrutiny and engagement of legislative and policy action.’

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UK Constitutional Law Association, 3rd March 2021

Source: ukconstitutionallaw.org

Barrister tells of racial abuse on bus amid warnings pandemic is fuelling hatred – Daily Telegraph

Posted March 3rd, 2021 in barristers, coronavirus, hate crime, Islam, news, race discrimination, racism, religious discrimination, statistics by sally

‘People from Muslim backgrounds have become targets during the pandemic due to the “rabbit holes” of online conspiracies, campaigners have said as a barrister spoke out about a hate crime.’

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Daily Telegraph, 2nd March 2021

Source: www.telegraph.co.uk

Criminals escaping justice as victims drop court cases due to delays, watchdog warns – The Independent

Posted March 3rd, 2021 in coronavirus, criminal justice, delay, HM Courts Service, news, select committees, statistics, victims by sally

‘Rapists and other serious criminals are walking free because victims are dropping court cases because of delays, a watchdog has warned.’

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The Independent, 2nd March 2021

Source: www.independent.co.uk