Are “squalid” prison conditions and the response to the Covid-19 pandemic breaching human rights? – UK Human Rights Blog

‘The latest reports of HM Chief Inspector of Prisons and the Parliamentary Joint Committee on Human Rights lay bare the conditions in some British prisons.’

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UK Human Rights Blog, 6th July 2020

Source: ukhumanrightsblog.com

Shrewsbury hospital: ‘New and ongoing’ safety concerns revealed by NHS watchdog – The Independent

Posted July 2nd, 2020 in health & safety, hospitals, news, reports by tracey

‘Inspectors have raised “new and ongoing” patient safety concerns at Shrewsbury and Telford Hospitals Trust, it has emerged.’

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The Independent, 1st July 2020

Source: www.independent.co.uk

UK could be breaking international law over cladding, says UN – The Guardian

‘The UN has warned Britain that its failure to strip combustible cladding from high-rise buildings containing tens of thousands homes may be a breach of international law.’

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The Guardian, 28th June 2020

Source: www.theguardian.com

A reprieve for landlords – Gas safety certificates and section 21 notices Case update: Trecarrell House Ltd v Rouncefield [2020] EWCA Civ 270 – 3PB

Posted June 23rd, 2020 in health & safety, housing, landlord & tenant, news, statutory duty, utilities by sally

‘Residential landlords may well be familiar with, and will quite possibly have fallen foul of, the statutory requirements placed upon them in respect of gas safety certificates. The case of Caridon Property Ltd v Shooltz (02/02/18, unreported but the judgment is available online) providing, until yesterday, unbinding but highly persuasive authority that landlords who fail to serve a copy of the most recent gas safety certificate prior to a tenant entering in to occupation of the relevant property could not rely upon the no-fault eviction process provided by section 21 of the Housing Act 1988 and, as per the County Court appeal judgment of HHJ Luba QC, could never rectify the error. The decision, which was regularly followed by district judges and deputy district judges in the County Court throughout the country, placed landlords in a position where, unless they were able to rely upon any of the grounds set out Schedule 2 of the 1988 Act and therefore serve a section 8 notice, they had no way of evicting tenants, even though they were purportedly assured shorthold tenants.’

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3PB, 19th June 2020

Source: www.3pb.co.uk

The Grenfell Fire: Do Black Lives Actually Matter? – Oxford Human Rights Hub

Posted June 23rd, 2020 in fire, health & safety, inquiries, minorities, news, reports by sally

‘On the 3rd anniversary of the Grenfell fire where 72 residents (at least 34 of whom were from a BAME background) lost their lives, is the country in a better position to avoid future cladding related fires?’

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Oxford Human Rights Hub, 18th June 2020

Source: ohrh.law.ox.ac.uk

The Trecarrell Conundrum – Nearly Legal

Posted June 19th, 2020 in appeals, health & safety, housing, landlord & tenant, news, notification by sally

‘It is fair to say this Court of Appeal decision has been widely and keenly awaited. Unfortunately, for reasons I will explain in my comment at the end, I think it leaves us with a lot of further questions.’

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Nearly Legal, 18th June 2020

Source: nearlylegal.co.uk

Fight for Grenfell inquiry to look at racial stereotyping goes on – The Guardian

Posted June 16th, 2020 in equality, fire, health & safety, inquiries, minorities, news by sally

‘Campaigners believe bias and inequality were factors in high number of BAME deaths in fire.’

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The Guardian, 14th June 2020

Source: www.theguardian.com

Safe workplaces and the commute to work – how far does section 44 of the Employment Rights Act 1996 go? – Six Pump Court

‘On 11 May 2020, the Government published practical Guidance[1] in a bid to encourage workplaces to be made as safe as possible for returning employees during the Covid-19 pandemic. Whilst the Guidance has been developed in consultation with unions and industry bodies, there still exists the very real possibility that employees do not have sufficient confidence that their workplaces are, in fact, ‘Covid-19 secure’ and consider that by returning, they have been subjected to a detriment by their employer.’

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Six Pump Court, 9th June 2020

Source: www.6pumpcourt.co.uk

Does the Buck Stop? Legal Liability for Death from Covid-19 – Garden Court Chambers

‘“If the government were an employee of mine I would have sacked them for gross negligence” – so said Anita Astley, manager of Wren Hall nursing home in Nottinghamshire, where 10 residents died from Covid-19 and 48 carers caught the virus in a three week period[1]. Ms Astley’s complaint poses in stark terms a question which has been circulating since the full and devastating extent of the consequences of the pandemic have become clear: what, if any, legal liability does the state have for deaths caused by Covid-19?’

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Garden Court Chambers, 9th June 2020

Source: www.gardencourtchambers.co.uk

COVID-19, Risk Assessments and Implementing Health and Safety Measures for a Return to Work – Thomas More Chambers

‘On 10 May 2020, the Prime Minister announced changes in the Government’s guidance on working. All employees and workers who could work from home should continue to do so, but those who could not should return to their workplace.’

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Thomas More Chambers, 8th June 2020

Source: www.thomasmore.co.uk

Retailers and social distancing – what does the latest guidance say? – Six Pump Court

‘We all know what the “2 metre” rule is – how does that translate to retailers and what does the latest guidance say?’

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Six Pump Court, 8th June 2020

Source: www.6pumpcourt.co.uk

UK airlines launch legal battle over Covid-19 quarantine ruling – The Guardian

‘Britain’s three biggest airlines have started legal proceedings against the government in a bid to overturn quarantine rules due to take effect in the UK from Monday.’

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The Guardian, 7th June 2020

Source: www.theguardian.com

Resumption of jury trials: an open justice “toolkit” – Doughty Street Chambers

‘For seven weeks Covid-19 shut the doors of jury trials in England and Wales. On 11th May 2020, the Lord Chief Justice and Lord Chancellor announced the resumption of new jury trials in “certain courtrooms under certain conditions” from 18th May 2020. In the interim, two guinea pig trials resumed at the Old Bailey.’

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Doughty Street Chambers, 18th May 2020

Source: insights.doughtystreet.co.uk

The Coronavirus and Employers’ Liability for PPE – Part 5: Liability of Employers to Family Members of Employees by Jack McCracken and Sarah Hopkinson – Ropewalk Chambers

‘Cases regarding secondary exposure to risk by employees’ family members have tended to focus on whether exposure of the employee was sufficient to place the employer under an obligation to act, and whether there was sufficient industry knowledge for the employer to appreciate the “secondary exposure” risk.’

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Ropewalk Chambers, 15th May 2020

Source: www.ropewalk.co.uk

The end of remote voting in Parliament: a backwards move? – Cloisters

‘On 21 April, the House of Commons passed a motion approving the introduction of “hybrid proceedings” to minimise the need for physical attendance in Parliament during the coronavirus lockdown. Since then, electronic voting has been facilitated to allow MPs to participate remotely in parliamentary votes (“divisions”). MPs cast their first remote vote on 12 May. However, the provision for remote voting has now lapsed. On 2 June, MPs are being asked to approve a motion which would make it mandatory for them to attend Parliament in order to participate in divisions. The proposal has caused consternation for MPs who are particularly vulnerable to coronavirus, or who live with vulnerable family members, as well as adverse comment from the Equality and Human Rights Commission.’

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Cloisters, 2nd June 2020

Source: www.cloisters.com

Training and risk assessments: a reminder from the High Court and returning to work in the Covid-19 crisis – 12 King’s Bench Walk

‘Sir Robert Francis QC (sitting as a deputy high court judge) recently handed down his judgment in Harris v Bartrums Haulage and Storage Ltd and another [2020] EWHC 900 (QB). It serves as a useful reminder of what employers must do to discharge their duty of care in terms of training and risk assessments. The key is being able to show that they are more than a “mere formality” [110]. On the facts of Harris, Sir Robert found that the First Defendant had acted negligently but dismissed the claim on causation. However, his critique of the First Defendant’s training and risk assessment process is relevant to all employers.’

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12 King's Bench Walk, 26th May 2020

Source: www.12kbw.co.uk

Wrongful dismissal – how not to go wrong: Cameron v East Coast Main Line Company Limited UKEAT/0212/19/BA – 3PB

‘In Cameron v East Coast Main Line Company Limited UKEAT/0212/19/BA,1 the EAT dealt with the question of whether length of service is a relevant consideration when asking whether a dismissal is wrongful.’

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3PB, 2nd June 2020

Source: www.3pb.co.uk

HS2: Resident loses high court challenge after complaining it could cause homes to collapse – Daily Telegraph

Posted June 5th, 2020 in health & safety, housing, judicial review, news, planning, railways by sally

‘The HS2 tunnels can go ahead, the high court has ruled, after a resident complained the tunnels could cause homes to collapse.’

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Daily Telegraph, 5th June 2020

Source: www.telegraph.co.uk

Anti-racism Protests: What Are Your Rights Amid The Pandemic? – Each Other

‘Anti-racism protests are taking place across the UK to demand justice following the death of George Floyd, the unarmed black man killed in US police custody.’

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Each Other, 5th June 2020

Source: eachother.org.uk

Government facing legal action over policies on care homes during COVID-19 crisis – Local Government Lawyer

Posted June 5th, 2020 in bereavement, coronavirus, government departments, health & safety, news by sally

‘A daughter whose father died of suspected COVID-19 in a care home is to launch a legal action “to hold the government to account”.’

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Local Government Lawyer, 4th June 2020

Source: www.localgovernmentlawyer.co.uk