‘On Thursday (23 April), the couple launched a legal challenge against the government’s guidance on personal protective equipment (PPE), which they argue exposes them to coronavirus infections.’
Each Other, 28th April 2020
Source: eachother.org.uk
‘In these rapidly changing and arguably unsettling times, the government has moved to create legislation to deal with the Covid-19 pandemic.’
Law Society's Gazette, 29th April 2020
Source: www.lawgazette.co.uk
‘As we watch the Covid-19 pandemic unfold our attention is naturally on the steps that HM Government (“HMG”) is taking to mitigate the immediate crisis. The time is approaching, however, when it will be necessary to evaluate HMG’s preparation for, and response to, the pandemic. Calls are being made by the TUC and doctors’ groups for a public inquiry into one aspect of its response, namely failures to procure adequate personal protective equipment (“PPE”) for NHS staff, at least 100 of whom are believed to have died having contracted the virus while treating patients. HMG is accused of failing to respond to a national exercise in 2016 testing the UK’s resilience to a similar flu pandemic which highlighted an increased need for ventilators. Other criticisms go further. This blog argues that the state owes a duty under Article 2 of the European Convention on Human Rights to investigate some deaths caused by Covid-19. This duty will require not only inquests into individual deaths but also a public inquiry under the Inquiries Act 2005 to address those systemic issues not suitable for determination by an inquest. The post builds on and responds to posts by Conall Mallory, James Rowbottom and Elizabeth Stubbins Banes. It also foreshadows the need for reform in this area.’
UK Constitutional Law Association, 29th April 2020
Source: ukconstitutionallaw.org
‘The government has amended several sets of regulations with a view to assisting the children’s social care sector during the coronavirus pandemic but the move has been strongly criticised by a children’s rights charity.’
Local Government Lawyer, 28th April 2020
Source: www.localgovernmentlawyer.co.uk
‘The Court of Appeal is to rule on Thursday on the power of the Master of the Rolls (MR) to make an emergency practice direction in response to Covid-19.’
Litigation Futures, 29th April 2020
Source: www.litigationfutures.com
‘The City watchdog is cracking down on UK banks that have been preying on corporate clients seeking financial help during the Covid-19 crisis.’
The Guardian, 28th April 2020
Source: www.theguardian.com
‘Deaf campaigners have started legal proceedings against the government over a lack of sign language interpreters at its daily coronavirus briefings.’
BBC News, 28th April 2020
Source: www.bbc.co.uk
‘International courts and arbitral tribunals need a “breathing space” if they are not to be overwhelmed by a wave of commercial cases due to the pandemic, a group of senior retired judges said today.’
Law Society's Gazette, 27th April 2020
Source: www.lawgazette.co.uk
‘Solicitors are not immune from receiving fixed penalty notices for breach of lockdown restrictions, which raises the entirely new question of whether that is reportable to the SRA. Ordinarily the SRA is not overly interested in fixed penalty notices but these are not ordinary times.’
Law Society's Gazette, 27th April 2020
Source: www.lawgazette.co.uk
‘Following last week’s moratorium imposed by the Financial Conduct Authority in relation to credit card debts, overdrafts and personal loans, the FCA is imposing a similar moratorium on hire-purchase (annoyingly referred to by the trendy term ‘rent-to-own’), high-cost short-term credit (payday loans), buy-nowpay-later deals (BNPL) and pawn agreements.’
Henderson Chambers, 24th April 2020
‘The Chief Coroner Guidance (numbers 34 and 35) has made it clear, as with other jurisdictions, that no physical hearing should take place unless it is urgent and essential business and it is safe for those involved.’
Parklane Plowden, 24th April 2020
Source: www.parklaneplowden.co.uk
‘The ongoing COVID-19 pandemic has created uncertainty across the world of professional football for players, clubs and fans alike. Almost all domestic football leagues have been suspended for the past several weeks (save for holdout Belarus, which has continued to hold professional matches in front of fans). As the lockdowns in European countries have been extended, many have speculated about the possible need to cancel domestic seasons outright. However, a vexed question has remained about the effect any such cancellation might have on one of the most prestigious and lucrative elements of the sport: qualification for European competitions.’
Littleton Chambers, 24th April 2020
Source: littletonchambers.com
‘On 16th April 2020, Sir Andrew McFarlane handed down a case management judgment on a public law case which may have significant implications for case management decisions until court services return to normal. The case in question was on the issue of fabricated or induced illness and the issue was whether the final hearing should proceed remotely. The Mother opposed the local authority care plan. It was listed for a fifteen day hearing addressing whether she had harmed her seven year old daughter. Despite the coronavirus pandemic both the Father and the local authority supported the hearing continuing remotely. The Mother’s Solicitors’ had assumed it would proceed with plans to take instructions by Zoom or in between each piece of evidence. There were to be three expert witnesses.’
No. 5 Chambers, 24th April 2020
Source: www.no5.com
‘A few weeks before the lockdown, one of the most important UK labour law cases of the last decade was heard by the Supreme Court. Royal Mencap Society v Tomlinson Blake has not attracted the attention paid to the Uber litigation, also to reach the Supreme Court later this year. Yet Mencap will have significant ramifications for a segment of the British workforce at the front line of the coronavirus response, namely care workers.’
Oxford Human Rights Hub, 27th April 2020
Source: ohrh.law.ox.ac.uk
‘In this post I analyse some of the contradictions present in the current penal response to Covid-19 in England and Wales, represented in a recent Crown Prosecution Service press release. Coercive criminal law measures which clearly and proportionately penalize those who endanger emergency workers, or engage in fraudulent conduct, may be justified. But civil liberties must be considered on both sides. I challenge the punitive narrative which celebrates sending those convicted of coronavirus crimes to prisons where Covid-19 has the potential to be rampant. The rights to life and health of offenders—put at risk in overcrowded prisons—must also be considered.’
UK Constitutional Law Association, 28th April 2020
Source: ukconstitutionallaw.org
‘Insurers, law firms and suppliers have agreed a ‘statement of intent’ to keep non-MedCo medical examinations and rehabilitation going remotely during the Covid-19 crisis.’
Litigation Futures, 27th April 2020
Source: www.litigationfutures.com
‘The recent judgment in R(Idolo) v London Borough of Bromley [2020] EWHC 860 (Admin) provides an important discussion of the positive duties of the state under Article 8 ECHR – and specifically, the issue of when an Article 8 breach may arise in the absence of any failure of a local authority to carry out statutory duties. Arianne Kelly discusses the case and its practical implications following the amendments that the Coronavirus Act made to the Care Act.’
Coronavirus: Guidance for Lawyers and Businesses, 27th April 2020
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