What Standard of Care Should Hospitals be Held to in the COVID-19 Outbreak? – 39 Essex Chambers

‘It is no secret that Covid-19 is placing huge strain on the NHS, with ramifications across all parts of an already stretched organisation. Hospitals nationwide have been told to prepare for a tsunami of patients demanding very high levels of care. They are having to do so while facing staff shortages and worries over the supply of essential equipment. In an effort to cope, retired doctors and not-yet-fully qualified doctors have been drafted in. In such circumstances, it is inevitable that accidents will happen and errors will be made. Once all of this is over, it is a regrettable fact that litigation will ensue. Will the law step up to protect the professionals who have done so much to save lives and ready the nation for the post-corona world? This short article argues that it can and should, most obviously by recognising that desperate circumstances should be reflected in the standard of care applied to hospitals and medical professionals working in response to Covid-19.’

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39 Essex Chambers, 22nd April 2020

Source: www.39essex.com

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

‘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.’

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Law Society's Gazette, 21st April 2020

Source: www.lawgazette.co.uk

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

‘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.’

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Landmark Chambers, 15th April 2020

Source: www.landmarkchambers.co.uk

Conall Mallory: The Right to Life and Personal Protective Equipment – UK Constitutional Law Association

‘Military analogies have been deployed with vigour in the early weeks of the United Kingdom’s battle against COVID-19. Initially the government told the public to ‘keep calm and carry on’. When the lockdown came, the Prime Minister ‘enlisted’ us all to slow its spread. A ‘war cabinet’ was formed and those in the health and social care sectors, who would be most regularly exposed to the virus, were referred to as being on the ‘frontline’ of the battle.’

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UK Constitutional Law Association, 21st April 2020

Source: ukconstitutionallaw.org

What are the impacts of Coronavirus on employer’s duties under common-law and the HASAWA 1974? – Church Court Chambers

Posted April 20th, 2020 in chambers articles, coronavirus, employment, health & safety, news by sally

‘It is an employer’s duty to protect the health, safety and welfare of their employees and other people who might be affected by their business. Employers must do whatever is reasonably practicable to achieve this. Employers have duties under health and safety law to assess risks in the workplace.’

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Church Court Chambers, April 2020

Source: churchcourtchambers.co.uk

Coronavirus and employer’s liability, some likely issues – Old Square Chambers

Posted April 20th, 2020 in chambers articles, coronavirus, employment, health & safety, news by sally

‘Despite the major disruption to daily living and the emergency legislation that has been rushed into effect in response to the outbreak of coronavirus (SARS CoV 2) and the resulting disease (Covid 19), the duty of employers to ensure the health and safety of their employees has remained undiminished. It is at times like these, when the work of many health care workers and others who provide essential services involves exposure to a greatly increased risk of serious injury or death, that the protection of such employees becomes all the more important. The admiration and gratitude of the nation is little consolation if the entitlement to basic health and safety measures is reduced on the ground of force majeure.’

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Old Square Chambers, April 2020

Source: www.oldsquare.co.uk

Health & Safety at Work and COVID-19: Adjusting to the New Normal? – 39 Essex Chambers

Posted April 20th, 2020 in chambers articles, coronavirus, employment, health & safety, news by sally

‘How does this new and rapidly changing situation interact with the duties on employers to ensure the health and safety of their employees?’

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39 Essex Chambers, 8th April 2020

Source: www.39essex.com

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.’

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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?’

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Nexus Chambers, 10th April 2020

Source: www.nexuschambers.com

Coronavirus: Ofcom assesses Eamonn Holmes 5G comments after complaints – BBC News

‘TV regulator Ofcom has said it is assessing comments made by presenter Eamonn Holmes about 5G technology and coronavirus “as a priority”.’

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BBC News, 14th April 2020

Source: www.bbc.co.uk

Divisional Court rejects Tesco judicial review challenge over criminal offences and food offered for sale after ‘use by’ date – Local Government Lawyer

‘Supermarket giant Tesco has lost a judicial review challenge over whether it was a criminal offence for a shop to offer food for sale, or otherwise place it on the market, after its labelled “use by” date.’

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Local Government Lawyer, 7th April 2020

Source: www.localgovernmentlawyer.co.uk

Inquests into deaths in custody during the COVID-19 pandemic – UK Human Rights Blog

‘Following the sad news of the first death in custody from COVID-19, a question arises: what are likely to be the issues at inquests into the deaths in custody from COVID-19?’

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UK Human Rights Blog, 6th April 2020

Source: ukhumanrightsblog.com

Up to 4,000 inmates to be temporarily released in England and Wales – The Guardian

‘As many as 4,000 prisoners in England and Wales are to be temporarily released from jail in an effort to try and control the spread of coronavirus, the government has announced.’

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The Guardian, 4th April 2020

Source: www.theguardian.com

Personal Protective Equipment: The Basic Legal Principles and Important Government Guidance – Coronavirus: Guidance for Lawyers and Businesses

‘The term “PPE” has become one of general comment and concern. Here our newest recruit at Kings Jasmine Chan explains the Regulations, the duties owed and the government guidance in relation to PPE and coronavirus.’

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Coronavirus: Guidance for Lawyers and Businesses, 2nd April 2020

Source: lawinthetimeofcorona.wordpress.com

Releasing the Pressure on Prisons – Nexus Chambers

Posted April 3rd, 2020 in chambers articles, coronavirus, health, health & safety, news, prisons by sally

‘The Covid 19 pandemic has led to lock-downs of populations the world over. The global has become the local. For our safety we are subject to unprecedented restrictions on our movement. So, it is cruelly ironic that Government inaction has created the situation where Covid-19 has taken a hold on those in our prisons.’

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Nexus Chambers, 3rd April 2020

Source: www.nexuschambers.com

Personal Protective Equipment – The Last Frontier? – Old Square Chambers

Posted April 2nd, 2020 in care workers, chambers articles, health, health & safety, hospitals, news by sally

‘A look at the legal issues surrounding the provision of personal protective equipment to front line healthcare workers.’

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Old Square Chambers, 30th March 2020

Source: www.oldsquare.co.uk

The impact of Coronavirus, part 1: trial by jury during a pandemic – 6KBW College Hill

‘Covid 19: the current situation is so fast moving that anything written will almost inevitably be out of date by the time it is typed. However, following the effective “lock down” from 8.30pm on 23 March 2020 it may be that there are fewer further changes until restrictions can be eased, and it is useful to reflect on the effect so far.’

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6KBW College Hill, 30th March 2020

Source: blog.6kbw.com

Network of priority courts launched for essential face-to-face hearings – Local Government Lawyer

Posted March 31st, 2020 in coronavirus, courts, health, health & safety, live link evidence, news, tribunals by sally

‘The Ministry of Justice, HM Courts and Tribunals Service and the judiciary have created a network of 157 priority courts and tribunal buildings that will remain open for essential face-to-face hearings during the coronavirus pandemic to make sure the justice system continues to operate effectively.’

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Local Government Lawyer, 30th March 2020

Source: www.localgovernmentlawyer.co.uk

Coronavirus: Court fine for Tesco queue rule breaker – BBC News

Posted March 31st, 2020 in coronavirus, emergency powers, fines, health, health & safety, news by sally

‘A man has pleaded guilty to breaching coronavirus social distancing rules by repeatedly approaching people in a supermarket queue.’

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BBC News, 30th March 2020

Source: www.bbc.co.uk

Draft in haste… Coronavirus restrictions and homelessness – Nearly Legal

‘Here are emergency regulations, The Health Protection (Coronavirus, Restrictions) (England) Regulations 2020, made today. These, amongst many other things, deal with what commercial premises may open, or must be closed, and – to the point here – restrictions on individual movement.’

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Nearly Legal, 26th March 2020

Source: nearlylegal.co.uk