The Coronavirus and Employers’ Liability for PPE – Part 4: Liability Under EU Directive by Jack McCracken and Sarah Hopkinson – Ropewalk Chambers

Posted June 3rd, 2020 in chambers articles, coronavirus, EC law, employment, health, health & safety, news by sally

‘Employers who meet the definition of being an ‘emanation of the state’1 may be liable to employees for breach of EU Directives under the doctrine of “direct effect”.’

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Ropewalk Chambers, 11th May 2020

Source: www.ropewalk.co.uk

A case law update- a selection of the non-COVID-19 cases published during the pandemic – St Ives Chambers

Posted June 3rd, 2020 in adoption, chambers articles, children, coronavirus, families, family courts, news by sally

‘The Covid-19 pandemic has produced a number of new cases which tie together the guidance produced by the senior judiciary and are essential reading for all practitioners in this new world of remote working.’

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St Ives Chambers, 27th May 2020

Source: www.stiveschambers.co.uk

Who Is Exempt from the 14 Day Coronavirus Quarantine Period? – Richmond Chambers

Posted June 3rd, 2020 in chambers articles, coronavirus, fines, freedom of movement, news, transport by sally

‘As part of the public health measures to guard against a second wave of coronavirus infection, from 8 June 2020, most travellers to the UK, including British citizens, will be required to spend 14 days in self-isolation. A breach of self-isolation will be punishable with a £1,000 fixed penalty notice in England or potential prosecution and unlimited fine. But who is exempt from the 14 day coronavirus quarantine period?’

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Richmond Chambers, 26th May 2020

Source: immigrationbarrister.co.uk

Parents fight in court over whether children should return to school in England – The Guardian

‘Separating parents are fighting each other through the courts over whether their children should return to school as lockdown is eased, a leading family lawyer has revealed.’

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The Guardian, 2nd June 2020

Source: www.theguardian.com

Lockdown rules: what is allowed in England, Scotland, Wales and Northern Ireland – The Guardian

‘The latest coronavirus rules, from Monday 1 June, are plentiful and complicated. This is your ultimate guide.’

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The Guardian, 3rd June 2020

Source: www.theguardian.com

Mitigating Covid-19 – Church Court Chambers

Posted June 2nd, 2020 in coronavirus, criminal justice, imprisonment, news, prisons, sentencing by sally

‘The coronavirus pandemic (“Covid-19”) has significantly affected people across the world, in a seemingly indiscriminate fashion, with the devastating impact well publicised. However, one area that has not featured heavily in the mainstream media, is the impact that Covid -19 may have had on the sentencing exercise for Defendants. To that end, as the nation remains in lockdown, are the current conditions in the UK prison system a factor which should be considered by a tribunal when considering the appropriate sentence to impose? This article will outline and discuss the recent decision of the Court of Appeal in the R v Manning [2020] EWCA Crim 592 (“Manning”) and seek to answer that question.’

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Church Court Chambers, May 2020

Source: churchcourtchambers.co.uk

Guidance on making staff take holiday during the Coronavirus outbreak – Cloisters

Posted June 2nd, 2020 in contract of employment, coronavirus, EC law, holidays, news, working time by sally

‘In this article, Declan O’Dempsey considers the implications of the Guidance issued by the government on 13 May 2020 on holiday entitlement and pay during coronavirus (Covid-19) and urges employers to use considerable caution in seeking to follow the Guidance ordering workers to take annual leave on dates specified by the employer. Employers who choose to order staff to take holidays on specific dates within the Coronavirus outbreak shut down may face contractual or tribunal claims later. Further, the legal uncertainty may mean that they will face claims for penalising those who assert a right to take annual leave at a non-Covid 19 affected time or who refuse to take the leave as annual leave.’

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Cloisters, 19th May 2020

Source: www.cloisters.com

Covid-19 and its effect on contractual obligations – Devereux Chambers

Posted June 2nd, 2020 in chambers articles, contracts, coronavirus, news by sally

‘The simple effect of the Covid-19 lockdown announced on 23 March 2020 was that life, and business, changed for everyone. People and organisations could no longer do things they had planned or intended to do, and in many instances, difficult decisions had to be made, and some were made hastily, without thinking through the ramifications. As time goes on, many will be faced with the question of whether steps they took, or didn’t take, mean that they are in breach of a contractual obligation; on the other side of the coin, others will be wondering whether they have a remedy for not having received goods or services they expected to on time, or at all.’

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Devereux Chambers, 15th May 2020

Source: www.devereuxchambers.co.uk

Did Dominic Cummings act “Responsibly and Legally”? – Doughty Street Chambers

Posted June 2nd, 2020 in civil servants, coronavirus, news, police, regulations by sally

‘Coronavirus has struck in different ways. As well as the devastation it has reaped in taking people’s lives it has exposed an emasculated criminal justice system and political governance clamouring to justify law and guidance applying differently to those close to power from those outside.’

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Doughty Street Chambers, 24th May 2020

Source: insights.doughtystreet.co.uk

The Pendulum Pub Licence Revoked at Summary Review Hearing for Breaking Lockdown Regulations – Francis Taylor Building

Posted June 2nd, 2020 in coronavirus, licensed premises, licensing, news by sally

‘In one of the first cases of its type, The Pendulum pub in Pendeford, Wolverhampton has had its premises licence revoked in summary review proceedings brought by West Midlands Police for breaking the coronavirus lockdown provisions.’

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Francis Taylor Building, 20th May 2020

Source: www.ftbchambers.co.uk

Doctors to file legal challenge to PPE guidance – Garden Court Chambers

‘Two NHS frontline doctors, Dr Meenal Viz and Dr Nishant Joshi, are preparing to file a legal challenge to the Government’s guidance on Personal Protective Equipment (PPE). This guidance, which applies to health care and social care workers, reduces the requirement to wear PPE and allows for re-use of some PPE. The legal challenge will argue that the Government guidance goes against World Health Organisation (WHO) guidance and puts health care and social care workers at risk, breaching their legal protections at work and their human rights.’

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Garden Court Chambers, 22nd May 2020

Source: www.gardencourtchambers.co.uk

Leader calls for council to be given more powers to implement local lockdown – Local Government Lawyer

Posted June 2nd, 2020 in coronavirus, local government, news, regulations by sally

‘The Leader of Brighton & Hove City Council has called for the local authority to be given more powers to implement a local lockdown in the area.’

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Local Government Lawyer, 1st June 2020

Source: www.localgovernmentlawyer.co.uk

Four Important Changes to the Coronavirus Laws – The 36 Group

Posted June 2nd, 2020 in coronavirus, news, regulations by sally

‘On 1st June 2020 a further set of amendments to The Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 entered into force. Below are the key changes you should know about.’

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The 36 Group, 2nd June 2020

Source: 36group.co.uk

One Kingdom but four nations emerging from lockdown at four different rates under four different laws – UK Police Law Blog

Posted June 2nd, 2020 in coronavirus, news, Northern Ireland, regulations, Scotland, Wales by sally

‘Laws which criminalise what would otherwise be normal daily life and which the police must enforce must be clear, unambiguous, fair and fairly applied, logical and proportionate to the public health imperative. The purpose of this blog post is to illustrate the difficulties with the amended legislation, the inconsistencies between the laws of the four nations of the UK, as well as the problems of enforcement by the police. Whatever the problems with the legislation, whatever the high profile breaches, people must socially distance and must wear masks when unable to do so. The coronavirus is not going away soon, or perhaps ever. It may be joined by other novel viruses and human life may have to change.’

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UK Police Law Blog, 2nd June 2020

Source: ukpolicelawblog.com

Relief from sanctions: An overview and case law update – St Ives Chambers

Posted June 2nd, 2020 in case management, civil procedure rules, coronavirus, news, sanctions by sally

‘In light of the current COVID-19 pandemic, applications for relief from sanctions may become more frequent as deadlines are missed and court orders are not complied with. In three recent cases, the High Court has considered the applicable principles and provided guidance. Now, therefore, seems the ideal time to revisit the applicable principles.’

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St Ives Chambers, 21st May 2020

Source: www.stiveschambers.co.uk

Indefinite Leave to Remain as a Bereaved Partner – Richmond Chambers

Posted June 2nd, 2020 in bereavement, coronavirus, immigration, married persons, news by sally

‘Daily reports of death during the Covid-19 pandemic has made many of us think about loved ones, how to protect them and the implications of life without them. If your leave to enter or remain is dependent on a relationship, what does happen if a partner passes away? The Immigration Rules in fact provide a route for indefinite leave to remain (ILR) as a bereaved partner. In this post we look at the requirements.’

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Richmond Chambers, 22nd May 2020

Source: immigrationbarrister.co.uk

COVID-19, Vaccines, BREXIT and Vaccine Damage Claims – Henderson Chambers

Posted June 2nd, 2020 in brexit, coronavirus, damages, medicines, news, personal injuries, vaccination by sally

‘There is currently an enormous international effort in progress to invent, test and obtain regulatory approval for a COVID-19 vaccine (or more accurately, a vaccine against SARS-CoV-2, the underlying virus). It is right to consider now, how such a vaccine will get regulatory approval, how such approval might be affected by BREXIT, and if no-fault vaccine damage schemes may apply to any such novel vaccine.’

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Henderson Chambers, 18th May 2020

Source: www.hendersonchambers.co.uk

Mediation: don’t panic in the pandemic, be prepared – Counsel

‘Might fear of the courts being overwhelmed by an anticipated flood of cases, after eventual emergence from lockdown, begin a trend amongst the judiciary to be more proactive in its encouragement of mediation? Colin Manning investigates.’

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Counsel, June 2020

Source: www.counselmagazine.co.uk

The coronavirus crisis in Britain’s prisons – The Guardian

Posted June 2nd, 2020 in coronavirus, news, prisons by sally

‘As Britain faced an unprecedented lockdown, the situation for the 80,000 people in prison was even more stringent. David Adams was recently released from jail and describes how prisoners were confined to their tiny cells for more than 23 hours a day.’

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The Guardian, 1st June 2020

Source: www.theguardian.com

Coronavirus (COVID-19)—impact on coroners’ inquests and the investigation of deaths – 1 Crown Office Row

Posted June 2nd, 2020 in coronavirus, coroners, criminal justice, inquests, news by sally

‘Corporate Crime analysis: Coronavirus (COVID-19) has impacted all parts of the justice system, but there are particular ramifications for a jurisdiction which has as its core purpose the investigation of deaths. Therefore, by means of the Coronavirus Act 2020 (CA 2020) and guidance issued by the Chief Coroner, various measures have been taken to ensure that coroners’ courts are not overwhelmed. Matthew E Flinn, barrister at 1 Crown Office Row, discusses these measures.’

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1 Crown Office Row, 27th May 2020

Source: www.1cor.com