Virtual Hearings from a Practitioner’s Perspective – 23 Essex Street
‘Arnold Ayoo shares some observations and tips following his first online hearing, a High Court Appeal before Freedman J.’
23 Essex Street, 14th April 2020
Source: www.23es.com
Category: coronavirus
The Coronavirus Job Retention Scheme – An Overview – Doughty Street Chambers
‘On 20th March 2020, HMRC announced that it would set up the Coronavirus Job Retention Scheme. The purpose of the scheme is to prevent mass redundancies and unemployment in the wake of the global coronavirus pandemic. On 26th March 2020, HMRC published further guidance on the scheme. The guidance was then updated on 4th April 2020 and again on 9th April 2020.’
Doughty Street Chambers, 14th April 2020
Source: insights.doughtystreet.co.uk
Coronavirus (COVID-19)—Changes to the Care Act 2014 – 39 Essex Chambers
‘Siân Davies, barrister at 39 Essex Chambers, discusses the Care Act easements, provided for under the Coronavirus Act 2020. She examines the guidance for local authorities on when it is appropriate to use the Care Act easements, emphasises the information that should be given to those being assessed and debates what changes to safeguarding policies may occur during the relaxation period. She also analyses the relationship between the Care Act easements guidance and the Hospital Discharge Service Requirements.’
39 Essex Chambers, 7th April 2020
Source: www.39essex.com
Man wrongly convicted under coronavirus law, Met police admit – The Guardian
‘A 21-year-old man has been wrongly convicted under coronavirus laws, the Metropolitan police have admitted, as concerns grow over the use of emergency powers.’
The Guardian, 14th April 2020
Source: www.theguardian.com
Making Remote Hearings Work – St John’s Chambers
‘A broad experience is building up among advocates with the use of remote hearings. Although many courts are still using telephone links (and for many litigants who do not have access to more sophisticated technology, this will remain the default medium) the use of video links is becoming more of a normal experience.’
St John's Chambers, 8th April 2020
Source: www.stjohnschambers.co.uk
Family President to hold two-week rapid consultation on use of remote hearings in family justice – Local Government Lawyer
‘The President of the Family Division, Sir Andrew McFarlane, has launched a two-week rapid consultation on the use of remote hearings in the family justice system.’
Local Government Lawyer, 14th April 2020
Source: www.localgovernmentlawyer.co.uk
A word on Covid- 19, the use of arbitration and the Expansion of the Children’s Arbitration Scheme to include Relocation of Children – Family Law Week
‘On the 6th April 2020 the much talked about expansion of the children arbitration scheme came into effect. This is a significant change to the now well established scheme launched in 2016. The scheme has had amendments to its rules along the way but until now, it has not received an extension of its scope. In summary, the scope of scheme has been expanded to include both temporary and permanent relocation of children to foreign jurisdictions that fall within article 2.2(c) below. This development could not be timelier, serving to reinforce arbitration as a strong and worthy contender to litigation.’
Family Law Week, 14th April 2020
Source: www.familylawweek.co.uk
Suspects to avoid criminal charges in UK during Covid-19 crisis – The Guardian
‘Suspected offenders are set to avoid criminal charges under unprecedented new guidance to ease the burden on the justice system during the coronavirus outbreak.’
The Guardian, 14th April 2020
Source: www.theguardian.com
Government changes how outdoor exercise guidance applies to people with specific health needs – Local Government Lawyer
‘The Government has changed its leaving home guidance to permit people with specific health needs to exercise outside more than once a day and to travel to do so where necessary, following the threat of a judicial review challenge.’
Local Government Lawyer, 14th April 2020
Source: www.localgovernmentlawyer.co.uk
Judges warn over parties’ conduct in remote hearings – Litigation Futures
‘Courts and tribunals have made “remarkable” progress in dealing with remote hearings during the coronavirus crisis, but there are concerns about the behaviour of parties, the senior judiciary has said.’
Litigation Futures, 15th April 2020
Source: www.litigationfutures.com
Care proceedings rise steeply in family courts during UK lockdown – The Guardian
‘The number of urgent care proceedings in the family courts has increased sharply since the beginning of the Covid-19 pandemic, the Guardian has learned.’
The Guardian, 14th April 2020
Source: www.theguardian.com
Coronavirus: Public reassured over lockdown policing rules – BBC News
‘Downing Street says people can buy whatever they want from shops that remain open amid concerns some police are overstepping lockdown powers.’
BBC News, 10th April 2020
Source: www.bbc.co.uk
Lessons from a groundbreaking Skype hearing – Litigation Futures
‘As the success of remote hearings sparks discussion – with many lawyers advocating for further adoption of these options post-coronavirus – retaining an even-handed view is key. Considering what stands to be lost as well as gained, and what steps can be taken to safeguard human connection and nuance, will be crucial.’
Litigation Futures, 14th April 2020
Source: www.litigationfutures.com
What About – ‘PPE – Does the Government owe a legal duty to provide it?’ – Nexus Chambers
‘There is no doubt that the Government owes a moral duty to provide those on the frontline fighting this virus with the tools they need to work safely. Beyond the undeniable moral duty, does the Government owe them a legal duty as well?’
Nexus Chambers, 10th April 2020
Source: www.nexuschambers.com
Articles 3 and 8 in the Time of Coronavirus: A New Case With Implications for Local Authorities Using the Care Act ‘Easements’ – Coronavirus: Guidance for Lawyers and Businesses
‘The Care Act ‘easements’ were brought into force on 31 March 2020. Per the statutory guidance, local authorities may take a decision to apply the new and much higher threshold for receiving care. That threshold states that a person is not entitled to receive care and support from a local authority as a matter of right unless it is necessary to prevent a breach of the person’s human rights – most likely to be Articles 2, 3 or 8 of the European Convention. Arianne Kelly looks at the first case on the subject.’
Coronavirus: Guidance for Lawyers and Businesses, 14th April 2020
High Court rejects attempt to adjourn £250m trial because of virus – Litigation Futures
‘The High Court has rejected an application to adjourn a five-week trial of a £250m insolvency claim because of the coronavirus pandemic.’
Litigation Futures, 9th April 2020
Source: www.litigationfutures.com
The Coronavirus Act 2020: When Legislation Goes Viral (Part Two) – UK Human Rights Blog
‘In Part One, I considered the background to the Coronavirus Act 2020 and some general aspects of the legislation. Here, I focus on some of the substantive provisions of the legislation and briefly explore the role that human rights law has to play in the management of the COVID-19 crisis.’
UK Human Rights Blog, 10th April 2020
Source: ukhumanrightsblog.com
Coronacontact- what about the children in care? – Transparency Project
‘Family life is significantly disrupted as a result of the ‘lockdown’, and many children in care will not have seen their parents for a number of weeks. This short article considers the legal position with regard to the duties of local authorities in England to looked-after children and contact, and the interaction between this and the Coronavirus Act 2020 and regulations.’
Transparency Project, 11th April 2020
Source: www.transparencyproject.org.uk
Leviathan unshackled? – UK Human Rights Blog
‘The response to the Covid-19 pandemic by governments across the world has thrown into sharp relief the fact that at a time of crisis the institutions and functions of Nation States are still the key structures responsible for the most basic duty of protecting their citizens’ lives. In the United Kingdom, the recent weeks have seen interventions by the Government in the economy and in the freedom of movement that are commonly seen as unparalleled in the post 1945 era.’
UK Human Rights Blog, 10th April 2020
Source: ukhumanrightsblog.com
