Category: coronavirus

No bull: farmers and footpaths during the COVID-19 lockdown – Landmark Chambers

Posted May 7th, 2020 in agriculture, coronavirus, footpaths, news by sally

‘The relationship between those using public footpaths and those whose land is crossed by public footpaths is often one of an uneasy truce. Farmers know all too well the damage nuisance and fear which can be and is caused by walkers straying from public footpaths, by uncontrolled dogs and by failures to comply with the Countryside Code. On the other side of the coin, incidents such as unlawful obstructions on or the long-term ploughing of public footpaths are not unknown.’

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Landmark Chambers, 4th May 2020

Source: www.landmarkchambers.co.uk

Clandestine Courtship: can you visit your lover in lockdown? – The 36 Group

Posted May 7th, 2020 in accomplices, coronavirus, incitement, news, regulations by sally

‘On Wednesday 6 May, the UK awoke to a scandal: a senior scientific adviser to the government, Professor Neil Ferguson, resigned from his position on the government advisory body SAGE after the Telegraph revealed that Ms Antonia Staats – his “married lover” – had visited him at home during lockdown. The Metropolitan Police soon announced that they would investigate the incident.’

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The 36 Group, 7th May 2020

Source: 36group.co.uk

Contracting Covid-19 at work – who needs to know? Chief Coroner’s Guidance 37 & RIDDOR – Park Square Barristers

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

‘The vast majority of deaths from Covid-19 will not be referred to the Coroner and even fewer will result in an inquest into the death. However, when an employee dies from Covid-19 it may have to be reported to both the Health and Safety Executive (“HSE”) and the Coroner.’

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Park Square Barristers, 29th April 2020

Source: www.parksquarebarristers.co.uk

The impact of Coronavirus, part 7: the possible next steps for the jury system – 6KBW College Hill

Posted May 7th, 2020 in coronavirus, criminal justice, juries, news by sally

‘In a series of Blog posts, members of 6KBW have identified a number of ways in which the COVID-19 pandemic has led to change in the administration of criminal justice, namely in relation to jury trials as presently conducted, the extension of audio/visual links and virtual hearings, through the offences created by the Coronavirus Act 2020 and in the context of extradition. As the country enters its second 3 week period of lockdown, this post seeks to look ahead to consider the possible next steps that the continued risk of infection by the virus may force on the administration of criminal justice in that most important but least socially detached component of the criminal justice system, the jury.’

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6KBW College Hill, 27th April 2020

Source: blog.6kbw.com

The Adoption and Children (Coronavirus) (Amendment) Regulations 2020 – Spire Barristers

Posted May 7th, 2020 in adoption, children, coronavirus, news, regulations by sally

‘On Friday 24 April 2020, the Government passed a statutory instrument making potentially significant changes to the Care Planning, Placement and Case Review Regulations 2010, and the obligations on local authorities imposed by those regulations. In addition to the amendments to the 2010 Regulations, other regulations were amended including the Adoption Agencies Regulations 2005, and the Fostering Services Regulations 2011. This briefing note summarises the main changes to the requirements for local authorities.’

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Spire Barristers, 28th April 2020

Source: spirebarristers.co.uk

Child Arrangement Orders and Coronavirus – I’m not seeing my child what can I do ? – Becket Chambers

Posted May 7th, 2020 in child arrangements orders, children, coronavirus, family courts, news by sally

‘From the moment that the Government announced the possibility of lockdown measures being imposed, lawyers were inundated with questions about whether and how Child Arrangements Orders should be implemented over this period.’

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Becket Chambers, 29th April 2020

Source: becket-chambers.co.uk

Children seeing parents “distressed” by remote hearings – Legal Futures

Posted May 7th, 2020 in confidentiality, coronavirus, families, family courts, live link evidence, news, remote hearings, reports, telephone hearings by sally

‘Children are “coming in and out of the room” during remote family law hearings and in some cases witnessing their “distressed” parents, a major study has found.’

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Legal Futures, 7th May 2020

Source: www.legalfutures.co.uk

“Almost as of course”? Injunctions restraining trespass, the stay on possession claims and the decision in University College London Hospitals NHS Foundation Trust v MB – Falcon Chambers

Posted May 7th, 2020 in coronavirus, hospitals, injunctions, news, repossession, stay of proceedings, trespass by sally

‘The current coronavirus crisis has paralysed possession proceedings, by means of the general stay imposed by paragraph 2 of the new practice direction PD51Z. The decision in University College London Hospitals Foundation Trust v MB [2020] EWHC 882 (QB), in which Chamberlain J granted an injunction requiring a hospital inpatient to vacate her ward, therefore sparked surprise and comment.’

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Falcon Chambers, 23rd April 2020

Source: www.falcon-chambers.com

Working from Home during COVID-19 – Thomas More Chambers

Posted May 7th, 2020 in confidentiality, coronavirus, data protection, flexible working, health & safety, news, working time by sally

‘During these unprecedented times, working from home on a full-time basis has become the ‘new normal’. This is in stark contrast to before the coronavirus (COVID-19) pandemic began, when out of 32.6 million people in employment, only 1.7 million regularly worked from home. The change to enforced homeworking was swift and represented significant changes to the lifestyle and routines of both employers and employees, which, in turn, creates a number of legal and practical issues for employers. It is currently unknown how long homeworking will last for, or indeed if the outbreak of COVID-19 will cause a shift towards homeworking on a permanent basis.’

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Thomas More Chambers, 30th April 2020

Source: www.thomasmore.co.uk

Eight-year-old boy takes Home Office to court for denying family benefits – The Guardian

Posted May 7th, 2020 in benefits, children, coronavirus, immigration, judicial review, news by sally

‘An eight-year-old British boy is taking the Home Office to the high court over its policy of denying families like his access to the welfare safety net.’

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The Guardian, 6th May 2020

Source: www.theguardian.com

W v H (Divorce Financial Remedies) [2020] EWFC B10 – Pump Court Chambers

Posted May 7th, 2020 in coronavirus, divorce, financial provision, news, pensions by sally

‘Jack Rundall considers the case of W v H (divorce financial remedies) [2020] EWFC B10 in relation to the treatment of pensions on divorce, a case which he suggests is being under-reported amongst the concerns surrounding Covid 19.’

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Pump Court Chambers, 1st May 2020

Source: www.pumpcourtchambers.com

Coronavirus: UK detention centres ’emptied in weeks’ – BBC News

Posted May 7th, 2020 in coronavirus, detention, immigration, news, statistics by sally

‘The number of people held in UK immigration removal centres has dropped by more than two thirds during the pandemic, figures reveal.’

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BBC News, 7th May 2020

Source: www.bbc.co.uk

Home Office accused of pressuring judiciary over immigration decisions – The Guardian

Posted May 7th, 2020 in bail, coronavirus, detention, immigration, judiciary, ministers' powers and duties, news, reasons by sally

‘The Home Office has been accused of interfering with the independence of the judiciary after it emerged that judges were asked to provide written explanations for a rise in the number of detainees released from immigration centres during the Covid-19 pandemic.’

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The Guardian, 6th May 2020

Source: www.theguardian.com

Video hearings “more likely to lead to convictions” – Legal Futures

Posted May 6th, 2020 in coronavirus, courts, criminal justice, live link evidence, news, sentencing, statistics by sally

‘Video hearings in certain criminal cases are more likely to lead to defendants receiving a prison sentence, a major study has found.’

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Legal Futures, 6th May 2020

Source: www.legalfutures.co.uk

Covid-19 and the courts – Radcliffe Chambers

Posted May 6th, 2020 in chambers articles, coronavirus, courts, live link evidence, news by sally

‘Covid-19 has posed a major challenge to courts around the world in maintaining the proper administration of justice. We can be very proud that the courts in the UK have already been innovative in making use of technology, using facilities such as Skype and Zoom to conduct not only contentious non-witness hearings, but even trials. This has enabled court business, at least in civil cases, to operate as close to normal as is possible. The UK courts, together with Australia and some US jurisdictions, have led the way in this respect. Even some major litigation centres, such as Hong Kong, are only now beginning to make use of technology to overcome the challenges posed by the virus.’

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Radcliffe Chambers, 29th April 2020

Source: radcliffechambers.com

Extensions of time and adjournment of face-to-face hearings for Covid-19 reasons – Parklane Plowden Chambers

Posted May 6th, 2020 in adjournment, chambers articles, coronavirus, courts, delay, news, time limits by sally

‘In the challenging and constraining times imposed by the Covid-19 pandemic, it can be difficult to comply with case management directions. Although the parties may agree extensions of time of up to 56 days if they do not imperil a hearing date, applications continue to be necessary where the extension may impact on a court hearing.’

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Parklane Plowden Chambers, 28th April 2020

Source: www.parklaneplowden.co.uk

C19 Possession Proceedings: Current Guidance – Thomas More Chambers

Posted May 6th, 2020 in chambers articles, coronavirus, emergency powers, housing, landlord & tenant, news, repossession by sally

‘On 18 March 2020, it was announced by the government that there would be a ban on evictions for a three-month period (with effect from 27 March 2020), this has presented numerous questions to both landlords, occupiers and owners alike. Set out below is the current position in relation to action arising out of residential property occupation (commercial leases and agreements are subject to different legislative regimes).The information within this article is correct as at 26 April 2020, you are strongly advised to obtain independent legal advice if you are unsure as to your rights and obligations.’

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Thomas More Chambers, 28th April 2020

Source: www.thomasmore.co.uk

Dying surrounded by family ‘a fundamental right’ says UK judge – The Guardian

Posted May 6th, 2020 in bereavement, care homes, coronavirus, Court of Protection, families, hospitals, human rights, news by sally

‘Being allowed to die surrounded by your nearest relatives is a fundamental part “of any right to private or family life”, a senior judge has ruled.’

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The Guardian, 5th May 2020

Source: www.theguardian.com

“Justice Delayed is Justice Denied” The Covid-19 Effect – St Ives Chambers

Posted May 6th, 2020 in chambers articles, civil justice, coronavirus, courts, delay, live link evidence, news, remote hearings by sally

‘Conducting litigation in lockdown is presenting a number of challenges for civil litigators. The shift, practically overnight, to remote working is requiring lawyers to rapidly adapt their ways of working. The word from the top is that the wheels of justice must continue to turn. The default position now is that hearings should take place remotely wherever possible.’

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St Ives Chambers, 27th April 2020

Source: www.stiveschambers.co.uk

Protecting domestic violence victims in lockdown – The Guardian

Posted May 6th, 2020 in charities, coronavirus, domestic violence, families, news, podcasts, prosecutions, statistics by sally

‘Kate, a call handler for a domestic violence charity, discusses the challenges of trying to deal with the rising number of calls during lockdown. Guardian reporter Helen Pidd has been reporting on the domestic violence cases being heard at Manchester magistrates court over the past few weeks.’

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The Guardian, 6th May 2020

Source: www.theguardian.com