Chief Coroner’s Guidance Number 37, Covid – 19 deaths and possible exposure in the workplace. When should a coroner open an investigation? – Park Square Barristers

Posted May 12th, 2020 in coronavirus, coroners, inquests, news, personal injuries by sally

‘An inquest can sometimes present the only opportunity for a family to ask questions about the circumstances leading to the death of a relative. It can also form an important part of the investigation into a potential claim for personal injury causing death. In relation to deaths arising from Covid – 19 those claims are likely to come from families of employees who have died following exposure to Covid – 19 in the workplace. This article reviews the Chief Coroner’s Guidance Number 37 (CCG 37) dated 28 April 2020 and the Notification of Death Regulations 2019 in considering when a coroner’s investigation should be opened in respect of a Covid – 19 death where possible exposure was in the workplace.’

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Park Square Barristers, 29th April 2020

Source: www.parksquarebarristers.co.uk

Disabled claimant to challenge NHS England guidance restricting hospital visitors – Local Government Lawyer

‘A disabled woman has sent a pre-action protocol letter to NHS England over its “Visitor guidance”, which imposes restrictions on those entering hospitals.’

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Local Government Lawyer, 11th May 2020

Source: www.localgovernmentlawyer.co.uk

Court issues guidance on e-bundles for short applications – Litigation Futures

Posted May 12th, 2020 in coronavirus, documents, electronic filing, news, time limits by sally

‘Counsel presenting short applications should be “retained in sufficient time” to enable them to advise on the contents of the electronic bundle, the High Court has recommended.’

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Litigation Futures, 12th May 2020

Source: www.litigationfutures.com

Old Bailey jury trials to resume this week – Law Society’s Gazette

Posted May 11th, 2020 in coronavirus, courts, criminal justice, Crown Court, juries, news, trials by sally

‘Two jury trials will resume at the Old Bailey this week as first steps toward Crown court cases restarting around the country. However, the criminal bar warned that a resumption of normal service “remains many weeks off”.’

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Law Society's Gazette, 10th May 2020

Source: www.lawgazette.co.uk

UK contact-tracing app could fall foul of privacy law, government told – The Guardian

‘The NHS contact-tracing app must not be rolled out across the UK until the government has increased privacy and data protections, an influential parliamentary committee has said, as rights groups warn that the current trial is unlawful under the Data Protection Act.’

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The Guardian, 7th May 2020

Source: www.theguardian.com

Stay? Maybe Stayed? No Stay? – 4-5 Gray’s Inn Square

‘Without, hopefully, being too flippant, the above are, essentially, the questions that the Court of Appeal will be considering tomorrow in relation to Practice Direction 51Z, in Arkin v Marshall.’

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4-5 Gray's Inn Square, 29th April 2020

Source: www.4-5.co.uk

Plans for early prisoner release shelved by government – BBC News

Posted May 11th, 2020 in coronavirus, early release, news, prisons, statistics by sally

‘Proposals to release some offenders from prison earlier than planned have been shelved by the government.’

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BBC News, 10th May 2020

Source: www.bbc.co.uk

Child Protocol in Criminal Cases – Garden Court Chambers

‘The impact of COVID-19 and the guidance from Government to take all precautions to avoid unnecessary contact, has seen understandable and unprecedented changes to the justice system. The Lord Chief Justice has announced that, where possible, criminal hearings should take place remotely and no new jury trials can begin, causing all future trials to be postponed.’

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Garden Court Chambers, 5th May 2020

Source: www.gardencourtchambers.co.uk

Surge in stalking victims seeking help during UK lockdown – The Guardian

Posted May 11th, 2020 in coronavirus, harassment, internet, news, police, stalking, statistics by sally

‘Stalking support services and police forces have recorded a surge in perpetrators turning to online tactics to harass their victims during the coronavirus lockdown.’

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The Guardian, 8th May 2020

Source: www.theguardian.com

Coronavirus: Young offenders out of cells for 40 minutes a day – BBC News

‘Children at a young offenders institution have been let out of their cells for only 40 minutes a day due to coronavirus, a report has revealed.’

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BBC News, 7th May 2020

Source: www.bbc.co.uk

Coronavirus Act 2020: Does it permit mandatory vaccinations? – Garden Court Chambers

‘There are multiple human rights and civil liberties implications both globally and domestically arising from the response to COVID-19 and the current crisis. Some of them are very real and concerning. Others are scaremongering and simply not true.’

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Garden Court Chambers, 1st May 2020

Source: www.gardencourtchambers.co.uk

Interactive remote ADR: the flexible route around the ongoing court logjam – Hardwicke Chambers

‘It’s a welcome development, recently announced in the Law Gazette, that ABI members and various claimant firms have already signed up to an ongoing protocol adding flexibility to the way claims are handled at this time. A similar agreement has been made between the Association of Personal Injury Lawyers and Forum of Insurance Lawyers.’

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Hardwicke Chambers, 29th April 2020

Source: hardwicke.co.uk

Homelessness Law and Practice: Coronavirus Update – 4-5 Gray’s Inn Square

Posted May 7th, 2020 in chambers articles, coronavirus, homelessness, news by sally

‘Though there is little firm evidence of the extent of the impact of the Covid-19 pandemic on the homeless population or the effectiveness of measures adopted by the government to mitigate that impact, it is clear that the crisis poses unique and urgent risks to this part of society. The Housing, Communities, and Local Government Committee has launched an inquiry into this issue which will meet for the first time next week, and it is more than likely that we will see more changes to this fast-developing area in the weeks and months to come.’

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4-5 Gray's Inn Square, 6th May 2020

Source: www.4-5.co.uk

Children in prison during the COVID-19 pandemic – practitioners guides – Garden Court Chambers

Posted May 7th, 2020 in chambers articles, children, coronavirus, detention, news by sally

‘Kate Aubrey-Johnson of the Garden Court Criminal Defence Team and Dr Laura Janes of The Howard League for Penal Reform, have prepared a practitioner’s guide on ending the detention of children during the COVID-19 lockdown period.’

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Garden Court Chambers, 1st May 2020

Source: www.gardencourtchambers.co.uk

Claims by clubs in the event of a cancelled season – Littleton Chambers

‘In this short piece, Andrew Nixon and Alex Harvey of Sheridans Sports Group, and David Reade QC and Nick Siddall QC of the Littleton Sports Group consider some of the potential claims which may arise from league seasons being cancelled, with a particular focus on the Premier League. The authors also look at how any losses may be assessed.’

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Littleton Chambers, 7th May 2020

Source: littletonchambers.com

The Coronavirus and Employers’ Liability for PPE – Ropewalk Chambers

‘The Coronavirus pandemic is likely to lead to litigation in various forms1; indeed, two doctors are reported to have already intimated a public law challenge to the lawfulness of the personal protective equipment (PPE) guidance published by the Department of Health and Social Care, and Public Health England.’

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Ropewalk Chambers, 4th May 2020

Source: www.ropewalk.co.uk

When Remote Justice Works – Transparency Project

‘During the current public health emergency, remote justice – hearings conducted wholly via audio/visual conferencing platforms – is the default position for all court cases. After early enthusiasm at the fact that the courts were able to acquire the technical skills and software to actually deliver remote hearings at all, there has been increasing concern about their efficacy, fairness and transparency and – in particular – about the loss of human connection and personal engagement they can entail, as described in these accounts from a judge, a journalist, and a lawyer). There has been less feedback from lay participants involved in remote justice, either as parties, or as observing members of the public.’

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Transparency Project, 4th May 2020

Source: www.transparencyproject.org.uk

Health and Safety Claims Under The Employment Rights Act 1996 – Thomas More Chambers

Posted May 7th, 2020 in coronavirus, employment, health & safety, news by sally

‘At the present time, the issue of health and safety at work has never been more important. Employees on the frontline are, in many cases, being cajoled, threatened and bullied to attend work in circumstances where they have very legitimate concerns about the potential of being infected by Covid-19. Further, employees are often being forced to work in circumstances where their employers have failed to implement adequate health and safety measures. The continuing failure by the Government to provide adequate PPE to healthcare professionals is the most prominent example of such failures.’

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Thomas More Chambers, 4th May 2020

Source: www.thomasmore.co.uk

The COVID-19 Self-Employment Income Support Scheme – Thomas More Chambers

Posted May 7th, 2020 in benefits, coronavirus, news, remuneration, self-employment by sally

‘On 26 March 2020 the Chancellor of the Exchequer announced a package of support for Britain’s self-employed workers to help them through the COVID-19 crisis. It became immediately clear that higher earners making profits above £50,000 would lose out. The Chancellor, however, highlighted that it would benefit 95% of people who receive the majority of their income from self-employment and that it was “reasonable, proportionate and fair” to exclude those higher earners. The Treasury estimated that this approximately 3.8 million people would benefit.’

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Thomas More Chambers, 29th April 2020

Source: www.thomasmore.co.uk

Section 22 applications in light of the current crisis and the subsequent economic downturn – Drystone Chambers

Posted May 7th, 2020 in chambers articles, coronavirus, news, proceeds of crime by sally

‘The rise in applications under section 22 of the Proceeds of Crime Act have been clear over the last four years. It is now at a level where the Court of Appeal are hearing on average two matters a year and the case law has clearly established that the test of “just” under s.22 (4) is wide ranging.’

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Drystone Chambers, 28th April 2020

Source: drystone.com