coronavirus – Page 65 – Current Awareness

Coronavirus Act 2020 and the powers of the government to manage individuals infected with Covid-19: How will it affect those who fall ill? (UPDATE) – 3PB

Posted April 22nd, 2020 in chambers articles, coronavirus, emergency powers, enforcement, government departments, news by sally

‘The Coronavirus Act 2020 (“the Act”) came into force on 25th March 2020. Among other things, the Act confers powers on public health officers, constables, and immigration officers to enable them to manage potentially infectious persons during the Covid-19 crisis. Schedule 21 of the Act contains provisions that enable the relevant officials to exercise their powers in respect of individuals in England, Wales and Scotland. This article will only focus on Part 2 of Schedule 21, which pertains to the powers of the government in England.’

3PB, 17th April 2020

Source: www.3pb.co.uk

The Health Protection (Coronavirus Restrictions) Regulations 2020 – Pump Court Chambers

Posted April 22nd, 2020 in chambers articles, coronavirus, emergency powers, health, news, statutory interpretation by sally

‘Justin Gau introduces us to The Health Protection (Coronavirus Restrictions) Regulations 2020. The regulations were introduced as a response to the serious and imminent threat to public health posed by the Coronavirus. In accordance with section 45R of the Public Health (Control of Disease) Act 1984, the Secretary of State was of the opinion that, by reason of urgency, it was necessary to make this statutory instrument without a draft having been laid before, and approved by each House of Parliament.’

Pump Court Chambers, 17th April 2020

Source: www.pumpcourtchambers.com

Covid-19 and homelessness applications – Doughty Street Chambers

Posted April 22nd, 2020 in chambers articles, coronavirus, homelessness, housing, local government, news by sally

‘The onset of Covid-19 gave rise to a massive effort to provide health care services and accommodation for homeless persons. This includes not just those people who are rough sleeping, but also those otherwise at risk without a home, such as those living in hostels and B&B accommodation. A range of organisations have assisted in this process, from medical health professionals to local authorities, who have procured empty hotels and other spaces for homeless persons to self-isolate as well as acted on the government’s guidance to keep temporary accommodation open.’

Doughty Street Chambers, 17th April 2020

Source: insights.doughtystreet.co.uk

Court hearings via video ‘risk unfairness for disabled people’ – The Guardian

Posted April 22nd, 2020 in coronavirus, courts, disability discrimination, disabled persons, equality, learning difficulties, live link evidence, news, remote hearings by sally

‘Remote video trials could disadvantage people with learning disabilities, the equalities watchdog has warned, as courts switch to online hearings during the coronavirus crisis.’

The Guardian, 22nd April 2020

Source: www.theguardian.com

Covid-19 testing extended to frontline court staff and judges – Law Society’s Gazette

Posted April 22nd, 2020 in coronavirus, courts, employment, health, health & safety, HM Courts Service, judiciary, news by sally

‘HM Courts & Tribunals Service says decisions on personal protective equipment are in line with official guidance following enquiries by the Gazette about what measures are being taken to protect staff at courts being kept open during the pandemic.’

Law Society's Gazette, 21st April 2020

Source: www.lawgazette.co.uk

McFarlane: Remote hearing on future of child a step too far – Legal Futures

Posted April 22nd, 2020 in child cruelty, children, coronavirus, delay, expert witnesses, families, family courts, live link evidence, local government, news, remote hearings by sally

‘It is not appropriate for a 15-day hearing into whether a mother has harmed her seven-year-old daughter to be held remotely, the president of the Family Court has ruled.’

Legal Futures, 22nd April 2020

Source: www.legalfutures.co.uk

COVID-19 – trespasser possession and injunction proceedings – Application of the new Civil Procedure Rule Practice Direction 51Z – St Ives Chambers

Posted April 22nd, 2020 in chambers articles, civil procedure rules, coronavirus, emergency powers, hospitals, injunctions, news, practice directions, repossession, trespass by sally

‘The back drop to this case is that the new Practice Direction CPR 51Z effectively stays possession proceedings and enforcement issued pursuant to CPR 55 for 90 days from March 2020.’

St Ives Chambers, 16th April 2020

Source: www.stiveschambers.co.uk

The impact of Coronavirus, part 5: the Coronavirus Act 2020 – 6KBW College Hill

Posted April 22nd, 2020 in chambers articles, coronavirus, emergency powers, enforcement, news, proportionality, statutory interpretation by sally

‘As Hippocrates remarked at the height of the Plague of Athens in 430BC, desperate times call for desperate measures. The deadly coronavirus has brought forth desperate measures almost everywhere, and the keystone of this country’s response to the crisis is the Coronavirus Act 2020. This post focusses on some key aspects of it, asking how the new offences relating to “potentially infectious” persons are defined and whether the Act as a whole is necessary.’

6KBW College Hill, 16th April 2020

Source: blog.6kbw.com

Whiplash reforms delayed until April 2021 – Legal Futures

Posted April 22nd, 2020 in accidents, coronavirus, damages, delay, news, personal injuries, road traffic by sally

‘The whiplash reforms have been delayed until April 2021 due to the coronavirus crisis, the Lord Chancellor announced today.’

Legal Futures, 21st April 2020

Source: www.legalfutures.co.uk

Coronavirus: Custody fight parents told not to exploit lockdown – BBC News

Posted April 22nd, 2020 in children, coronavirus, custody, families, judges, news, parental rights by sally

‘Separated couples exploiting the Covid-19 lockdown to stop an ex-partner from seeing their child could face court action, says a senior judge.’

BBC News, 21st April 2020

Source: www.bbc.co.uk

HMT Direction issued on furlough under the Coronavirus Job Retention Scheme – 11KBW

Posted April 22nd, 2020 in chambers articles, coronavirus, employment, government departments, news, practice directions by sally

‘Since announcing the Coronavirus Job Retention Scheme (the “Scheme”) in mid-March, the Government has issued several iterations of Guidance which explain the Scheme – not all in the same way. On 15 April 2020, HMT issued the ‘Coronavirus Act 2020 Functions of Her Majesty’s Revenue and Customs (Coronavirus Job Retention Scheme) Direction’ (the “Direction”).[1] It is the Direction which finally provides a basis in law for the Scheme and to which close attention should now be paid.’

11KBW, 20th April 2020

Source: www.11kbw.com

UK ad watchdog bans claims that IV drips can treat coronavirus – The Guardian

Posted April 22nd, 2020 in advertising, communicating false information, complaints, coronavirus, medical treatment, medicines, news, ombudsmen by sally

‘The advertising watchdog has cracked down on three companies for implying they could provide immune-boosting IV drips that could prevent or treat coronavirus.’

The Guardian, 22nd April 2020

Source: www.theguardian.com

‘Light Touch’ Administration as a Rescue Tool – 3 Hare Court

Posted April 21st, 2020 in administrators, chambers articles, company law, coronavirus, insolvency, news, schemes of arrangement by sally

‘On the 28 March 2020, the Department for Business, Energy, and Industrial Strategy announced a series of insolvency legislation reforms including a new court based restructing tool modelled on the Scheme of Arrangement and a short business moratorium to protect companies facing the prospect of insolvency as a result of the Covid-19 crisis.’

3 Hare Court, 20th April 2020

Source: www.3harecourt.com

Use of the Government’s coronavirus job retention scheme by companies in administration: Re Carluccio’s Limited [2020] EWHC 886 (Ch) – Radcliffe Chambers

Posted April 21st, 2020 in administrators, chambers articles, company law, coronavirus, employment, insolvency, news by sally

‘In a judgment handed down on Monday 13th April 2020 in Re Carluccio’s Limited (in administration) [2020] EWHC 886 (Ch), Snowden J considered the application of the Government’s Coronavirus Job Retention Scheme in administrations both as a matter of principle and in respect of the logistics and practicalities involved for office holders. Matthew Weaver considers the judgment and its implications in this briefing.’

Radcliffe Chambers, 16th April 2020

Source: radcliffechambers.com

Covid-19 and the immigration tribunals: a working guide for representatives – 1MCB Chambers

Posted April 21st, 2020 in chambers articles, coronavirus, immigration, news, tribunals by sally

‘The guide provides an overview of some of the key challenges, as well as practical advice for making applications and submissions within the new procedural framework. Summaries of applicable case law and links to guidance and additional resources are also included.’

1MCB Chambers, April 2020

Source: 1mcb.com

The Impact of Coronavirus on Winding Up Petitions – 3 Hare Court

Posted April 21st, 2020 in chambers articles, company law, coronavirus, courts, insolvency, live link evidence, news, winding up by sally

‘Coronavirus has affected both the functioning of businesses and the Courts. In these unprecedented times, how are the Courts dealing with the hearings of winding up petitions?’

3 Hare Court, 14th April 2020

Source: www.3harecourt.com

Covid-19: FAQs on electronic signatures and e-signing – The 36 Group

Posted April 21st, 2020 in chambers articles, contracts, coronavirus, documents, electronic filing, news by sally

‘An electronic signature is data in electronic form which is attached to or logically associated with other data in electronic form, and which is used by a signatory to sign.’

The 36 Group, 15th April 2020

Source: 36group.co.uk

ADR – Compromise in COVID-19 Lockdown – Pump Court Chambers

Posted April 21st, 2020 in chambers articles, coronavirus, dispute resolution, news by sally

‘With the courts shutting their doors to the majority of litigants following the outbreak of Coronavirus, now more than ever parties and their lawyers are turning their minds to alternative dispute resolution (ADR). From virtual mediations to remote ENEs and arbitrations, there are plenty of forms of ADR which can be conducted effectively during this crisis. ADR remains a powerful tool for concluding cases swiftly and at comparatively minimal cost which in this time of economic uncertainty is crucial. In this blog we would look at the different forms of ADR and how to they might continue to operate practically during the lockdown and social distancing measures associated with the pandemic.’

Pump Court Chambers, 14th April 2020

Source: www.pumpcourtchambers.com

Challenging immigration detention in the COVID-19 pandemic – Landmark Chambers

Posted April 21st, 2020 in chambers articles, coronavirus, detention, health, health & safety, immigration, news by sally

‘Perhaps the first significant issue arising out of the COVID-19 pandemic to come before the Administrative Court has been the question of the continued legality of immigration detention in the face of the risks and practical difficulties arising from the crisis. The pandemic raises two stark issues affecting the legality of immigration detention; on the one hand, that detainees may face an increased risk of infection by reason of the “congregate” setting of detention centres, and on the other that removals in the short term will be impossible and that the prospects of removal are at best uncertain even in the medium term.’

Landmark Chambers, 15th April 2020

Source: www.landmarkchambers.co.uk

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