Divisional Court finds Mental Health Act assessments require physical attendance and cannot be undertaken remotely – Local Government Lawyer

‘The phrases “personally seen” in s. 11(5) of the Mental Health Act 1983 and “personally examined” in s. 12(1) require the physical attendance of the person in question on the patient, the Divisional Court has clarified.’

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Local Government Lawyer, 25th January 2021

Source: www.localgovernmentlawyer.co.uk

New survey from Bar Council finds barristers at “breaking point” – The Bar Council

Posted January 25th, 2021 in barristers, coronavirus, debts, diversity, employment, fees, mental health, news, statistics by tracey

‘The Bar Council, which represents all barristers in England and Wales, has today published findings from its most recent survey of the Bar. The findings show some signs of recovery in workload, but highlight the extreme financial and psychological hardship still facing many barristers.’

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The Bar Council, 22nd January 2021

Source: www.barcouncil.org.uk

Witnessing Wills During a Pandemic: “You’re on mute” – No. 5 Chambers

Posted January 22nd, 2021 in chambers articles, coronavirus, news, telecommunications, wills, witnesses by sally

‘The Wills Act 1837 (Electronic Communications) (Amendment)(Coronavirus) Order 2020 (SI 2020 No 952) means that it is now possible to witness a will via a video call. These temporary changes are much needed to allow those who want to make or update a will during the Covid-19 pandemic to do so safely and legally.’

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No. 5 Chambers, 21st January 2021

Source: www.no5.com

FCA v Arch Insurance (UK) Ltd and others – St John’s Chambers

‘This short note summarises the key parts of the Supreme Court’s decision in this important test case, by which it allowed most of the FCA’s appeals against the decision of the Divisional Court and found largely in favour of policyholders.’

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St John's Chambers, 21st January 2021

Source: www.stjohnschambers.co.uk

Barristers take on debt and other work to survive pandemic – Legal Futures

Posted January 22nd, 2021 in barristers, coronavirus, debts, employment, news, statistics by sally

‘Six in 10 barristers, rising to 80% of those doing publicly funded work, have taken on personal debt or used savings to get through Covid-19, Bar Council research has found.’

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Legal Futures, 22nd January 2021

Source: www.legalfutures.co.uk

Official Solicitor wins appeal over ability of mother and step-father of autistic man to leave homes to provide care during first lockdown – Local Government Lawyer

‘The Official Solicitor has won an appeal on behalf of a 30-year-old with autism and communication difficulties over whether his mother and step-father had a reasonable excuse during the first national lockdown to leave their homes to provide him with care.’

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Local Government Lawyer, 19th January 2021

Source: www.localgovernmentlawyer.co.uk

Covid: Close courts in England and Wales or face strikes, union warns – BBC News

Posted January 21st, 2021 in coronavirus, courts, industrial action, news, trade unions by sally

‘A union has warned of industrial action unless courts in England and Wales close while improvements are made to staff coronavirus safety.’

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BBC News, 20th January 2021

Source: www.bbc.co.uk

Senior judges issue guidance on wearing masks and face coverings in courts – Local Government Lawyer

Posted January 20th, 2021 in codes of practice, coronavirus, courts, health & safety, news by sally

‘The Senior Presiding Judge, Lady Justice Thirlwall, and the Deputy Senior Presiding Judge, Lord Justice Haddon-Cave, have issued new guidance on the wearing of masks and face coverings in courts.’

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Local Government Lawyer, 18th January 2021

Source: www.localgovernmentlawyer.co.uk

Shed parties and illegal races: UK police crack down on Covid-19 rulebreakers – The Guardian

Posted January 20th, 2021 in coronavirus, enforcement, fines, freedom of movement, news, police by sally

‘Police have issued fines to coronavirus rule breakers including those who held a party in a garden shed and a group of more than 40 people who gathered for illegal car racing.’

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The Guardian, 18th January 2021

Source: www.theguardian.com

Court and tribunal buildings are safe, insists acting chief executive of HMCTS – Local Government Lawyer

Posted January 20th, 2021 in coronavirus, courts, health & safety, HM Courts Service, news, tribunals by sally

‘Buildings operated by HM Courts and Tribunals Service are safe for those that need to use them, the organisation’s acting chief executive has insisted.’

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Local Government Lawyer, 19th January 2021

Source: www.localgovernmentlawyer.co.uk

Rare inquests into UK Covid deaths raise concerns over care failings – The Guardian

Posted January 19th, 2021 in care homes, coronavirus, inquests, news, reports by sally

‘A series of healthcare failures that could lead to more people dying from Covid-19 were highlighted by a coroner during rare inquests into deaths in the first wave of the pandemic.’

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The Guardian, 18th January 2021

Source: www.theguardian.com

Case backlog threatens UK criminal justice system, say inspectors – The Guardian

Posted January 19th, 2021 in coronavirus, courts, criminal justice, delay, news, prisons, reports, young offenders by sally

‘Urgent action is needed to tackle an “unprecedented backlog” of court cases built up during the pandemic that has “severe implications” for victims, the UK’s four justice chief inspectors have warned.’

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The Guardian, 19th January 2021

Source: www.theguardian.com

New Judgment: Financial Conduct Authority v Arch Insurance (UK) Ltd and Ors [2021] UKSC 1 – UKSC Blog

‘In March 2020, the UK Government began to take a series of measures to combat the transmission of COVID-19. The present appeals considered the impact of these actions and measures on 28 clauses in the 21 lead policies written by the Appellant Insurers.’

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UKSC Blog, 15th January 2021

Source: ukscblog.com

Firms accused of putting workers’ lives at risk by bending lockdown trading rules – The Guardian

Posted January 18th, 2021 in coronavirus, employment, enforcement, health & safety, news, ombudsmen by sally

‘Irresponsible firms are exploiting looser lockdown regulations to bring thousands of non-essential workers into sometimes busy workplaces, with little chance of enforcement action by the nation’s safety watchdog.’

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The Guardian, 16th January 2021

Source: www.theguardian.com

Law Society calls for two-week pause of non-custodial Crown and Magistrates court work – Local Government Lawyer

‘The Law Society has called for urgent action including a possible two-week pause of non-custodial Crown and magistrates’ court work “amid escalating safety concerns”.’

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Local Government Lawyer, 15th January 2021

Source: www.localgovernmentlawyer.co.uk

Remote hearings in family proceedings – how is justice perceived? – Family Law

Posted January 15th, 2021 in coronavirus, families, family courts, news, remote hearings by tracey

‘The motion for the recent Kingsley Napley debate: “This House believes remote hearings are not remotely fair” was carried with a fairly balanced 56% in favour and 44% against. With an audience made up of over a hundred family lawyers and barristers, this result was no doubt influenced by their experience of remote court hearings heard either via video link or by telephone over the last six months, since the national lockdown in March.’

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Family Law, 14th January 2021

Source: www.familylaw.co.uk

Criminal solicitors body warns members it is not safe to attend Magistrates’ courts – Local Government Lawyer

‘The London Criminal Courts Solicitors’ Association (LCCSA) has advised its members that it is not safe to continue to attend Magistrates’ courts.’

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Local Government Lawyer, 12th January 2021

Source: www.localgovernmentlawyer.co.uk

Covid: Couple fined for seven-mile trip to care home – BBC News

Posted January 13th, 2021 in care homes, coronavirus, enforcement, families, fines, freedom of movement, news, police by sally

‘A couple have been fined £60 for driving 20 minutes to see a relative in a care home.’

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BBC News, 12th January 2021

Source: www.bbc.co.uk

Covid fine review welcomed by ‘intimidated’ women – BBC News

Posted January 11th, 2021 in coronavirus, enforcement, fines, freedom of movement, interpretation, news, police by sally

‘Two women who criticised a police force for its “intimidating” approach to lockdown fines have welcomed a review.’

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BBC News, 10th January 2021

Source: www.bbc.co.uk

McFarlane tells family judges to curb out-of-hours hearings – Legal Futures

Posted January 11th, 2021 in coronavirus, families, family courts, judges, news, remote hearings by sally

‘The president of the Family Division has told judges and lawyers to stop the increasing practice of holding virtual hearings outside of normal court hours, citing wellbeing concerns.’

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Legal Futures, 8th January 2021

Source: www.legalfutures.co.uk