Covid: Family camping on cliff edge fined for lockdown breach – BBC News

Posted March 2nd, 2021 in coronavirus, fines, news, regulations by sally

‘A couple found camping “in a perilous position” on top of a cliff have been fined for breaching lockdown rules.’

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BBC News, 1st March 2021

Source: www.bbc.co.uk

High Court rejects application by mother to prevent local authority from imposing vaccinations on child in foster care – Local Government Lawyer

‘A High Court judge has rejected a mother’s application, supported by the father, to prevent a local authority from imposing a programme of vaccinations on a child in foster care without their consent.’

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Local Government Lawyer, 26th February 2021

Source: www.localgovernmentlawyer.co.uk

High Court: Covid self-employed support scheme does not unlawfully discriminate against women – UK Human Rights Blog

‘R (The Motherhood Plan and Anor) v HM Treasury [2021] EWHC 309 (Admin). In a judgment handed down on 17 February 2021, the High Court has ruled that the Self Employment Income Support Scheme (“the Scheme”) introduced during the coronavirus pandemic does not indirectly discriminate against self-employed women who have taken a period of leave relating to maternity or pregnancy in the last three tax years.’

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UK Human Rights Blog, 26th February 2021

Source: ukhumanrightsblog.com

High court dismisses case on ‘failure to give guidance on prioritising patients’ – The Independent

‘A legal challenge to the government’s alleged failure to issue national guidance on how to prioritise patients during the Covid-19 pandemic has been dismissed by the High Court.’

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The Independent, 28th February 2021

Source: www.independent.co.uk

The Covid-19 Pandemic as a Barder Event – Family Law Week

‘Richard Kershaw, partner at Hunters Law LLP, considers the implications of Mr Justice Cohen’s judgment in FRB v DRC (No 3).’

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Family Law Week, 25th February 2021

Source: www.familylawweek.co.uk

Family courts rule to inoculate children when parents disagree on the vaccination of their children – Garden Court Chambers

Posted February 25th, 2021 in children, consent, coronavirus, human rights, news, parental responsibility, vaccination by sally

‘Following the decision in Re H (A Child: Parental Responsibility: Vaccination), it was clarified that where two parents with parental responsibility disagree as to the proper course of action with respect to vaccination, the court becomes the decision maker through the mechanism of a specific issue order made under s8 of the Children Act 1989.’

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Garden Court Chambers, 24th February 2021

Source: www.gardencourtchambers.co.uk

Case Comment: R (Good Law Project & Others) v Secretary of State for Health AND Social Care [2021] EWHC 346 (Admin) – Late Publication of Coronavirus Contracts Unlawful – 39 Essex Chambers

‘Last Friday Chamberlain J handed down judgment in a challenge concerning the government’s compliance with procurement law and its own transparency guidance in the awarding of goods and services contracts during the COVID-19 pandemic. By reg. 50 of the Public Contracts Regulations 2015 the Secretary of State for Health and Social Care was obliged to send for publication a contract award notice (“CAN”) not later than 30 days after the award of a contract. By its transparency policy and principles it was obliged to publish details of any contract.’

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39 Essex Chambers, 23rd February 2021

Source: www.39essex.com

Stuck Between a Virus and a Human Rights Breach… – Garden Court Chambers

Posted February 25th, 2021 in carers, coronavirus, fostering, human rights, local government, news by sally

‘These are strange times and the risks posed by the pandemic are constantly changing and increasing. The impact of this on individuals is significant and concerns about personal safety are high. Balancing those concerns with schooling, home schooling and contact means this will become even more difficult.’

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Garden Court Chambers, 24th February 2021

Source: www.gardencourtchambers.co.uk

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

‘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, 22nd February 2021

Source: www.gardencourtchambers.co.uk

Specific Issue Order for Vaccination-including COVID-19: M v H (Private Law Vaccination) [2020] EWFC 93 (15 December 2020) – Parklane Plowden Chambers

‘This hearing before MacDonald J was part of a wider private law dispute between parents regarding the children (P aged 6 and T aged 4) spending time with their father. A finding of fact hearing had already taken place, with a final hearing listed to commence on 21 December 2020. The original application from the father included a specific issue order, initially on MMR vaccination. This was then amended to vaccination in accordance with the NHS vaccination schedule.’

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Parklane Plowden Chambers, 24th February 2021

Source: www.parklaneplowden.co.uk

The pitfalls of relying on s21 during the pandemic – St Ives Chambers

‘Master Dagnall gave judgment in the case of Corp of Trinity House of Deptford Strond v (1) Dequincy Prescott (2) Clodagh Byrne on 11 February 2021 [2021] EWHC 283 (QB) which considered several issues regarding the pandemic and possession proceedings which are worthy of note as the stay on evictions has again been extended.’

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St Ives Chambers, February 2021

Source: www.stiveschambers.co.uk

Judgment in Good Law Project JR on publication of Covid-19 procurement notices – Monckton Chambers

‘This is the first in a series of procurement law judicial review (JR) cases relating to Covid-19 brought by the Good Law Project (GLP) to have reached the judgment stage. The case concerned the (non)publication of contract award notices (CANs) within 30 days under regulation 50 Public Contracts Regulations 2015 (PCR) and of other contract notices and materials within 20 or 90 days under relevant transparency policies.’

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Monckton Chambers, 19th February 2021

Source: www.monckton.com

Has the pandemic changed the way in which future jury trials may be conducted? – KCH Garden Square

Posted February 25th, 2021 in coronavirus, criminal justice, juries, news, remote hearings by sally

‘As anyone immersed in, or interested in, the Criminal Justice System will know, when the first lockdown was announced back in March 2020, in person attendance at court buildings almost ground to a halt. This inevitably meant that all jury trials were suspended, and serious thought had to be given as to how they could safely resume in the future. Social distancing rules and the concern of causing covid outbreaks meant that the reintroduction of jury trials was slow, but by July 2020 and through the introduction of Perspex screens in between jurors and the relaxation of some of the lockdown restrictions, they slowly started to return to barristers’ diaries across the country.’

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KCH Garden Square, 18th February 2021

Source: kchgardensquare.co.uk

Inside a domestic violence call centre – BBC News

Posted February 25th, 2021 in charities, coronavirus, domestic violence, news, victims by sally

‘A major charity working with victims of domestic abuse says calls to their 24-hour helpline increased by more than 50 per cent in the year of the pandemic.’

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BBC News, 24th February 2021

Source: www.bbc.co.uk

Judges overturn conviction for refusal to give name and address in case of suspected Covid regulations breach – Local Government Lawyer

Posted February 25th, 2021 in coronavirus, human rights, identification, news, regulations by sally

‘The Administrative Court has ruled that a man was entitled to refuse to give his name and address to a police officer who wanted to issue a fixed penalty notice for breach of lockdown regulations.’

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Local Government Lawyer, 24th February 2021

Source: www.localgovernmentlawyer.co.uk

Failure to enact public duty law ‘has worsened England inequality in pandemic’ – The Guardian

Posted February 25th, 2021 in coronavirus, equality, news, statutory duty by sally

‘The failure of successive governments to enact part of the Equality Act, which would have imposed a duty to address socio-economic disadvantage, has exacerbated inequalities in England during the coronavirus pandemic, a thinktank has claimed.’

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The Guardian, 24th February 2021

Source: www.theguardian.com

Woman with Covid should be allowed to die weeks after giving birth, judge rules – The Guardian

Posted February 25th, 2021 in birth, consent, coronavirus, families, medical treatment, news by sally

‘A woman in her early 30s, who has Covid and remains in an induced coma after giving birth to a son, should be allowed to die, against the wishes of her family, a judge has ruled.’

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The Guardian, 24th February 2021

Source: www.theguardian.com

James Bevan: ‘10-year prison sentences for breaching COVID-19 entry requirements into the United Kingdom’? Governmental Decree is undermining the Rule of Law – UK Constitutional Law Association

‘The Secretary of State for Health, Matt Hancock, announced in Parliament on Tuesday 9th February that those returning from ‘red list’ countries who fail to disclose that fact could receive a 10-year prison sentence following conviction (see The Telegraph).’

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UK Constitutional Law Association, 24th February 2021

Source: ukconstitutionallaw.org

The PPE procurement case: transparency missed in both politics and law – Transparency Project

Posted February 24th, 2021 in coronavirus, government departments, judicial review, news, public procurement by sally

‘Last week the High Court made a widely publicised decision declaring that a government minister and his department had acted unlawfully in relation to the award of PPE procurement contracts in the early weeks of the pandemic. The case is called R (Good Law Project and others) v Secretary of State for Health and Social Care [2021] EWHC 346 (Admin). It’s of particular interest to us because it’s all about transparency.’

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Transparency Project, 23rd February 2021

Source: www.transparencyproject.org.uk

Covid: Scarborough woman jailed for coughing at police – BBC News

‘A woman who deliberately coughed at police investigating a breach of coronavirus restrictions has been jailed for four months.’

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BBC News, 23rd February 2021

Source: www.bbc.co.uk