Category: health

Is Lockdown 2 Lawful? – 39 Essex Chambers

Posted November 19th, 2020 in coronavirus, equality, health, human rights, judicial review, news, proportionality, regulations by sally

‘The Health Protection (Coronavirus, Restrictions) (England) (No. 4) Regulations 2020 impose a second lockdown on England. They prohibit persons from leaving their home unless they have a reasonable excuse. They severely restrict the ability of persons to meet anyone who is not a member of their household. Various outdoors activities are banned, such as most organised sport. Numerous businesses and other premises are closed, including pubs and restaurants, cinemas and theatres, hairdressers, indoor and outdoor sports and recreation facilities, and most non-food retailers.’

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39 Essex Chambers, 6th November 2020

Source: www.39essex.com

Essure: Women in England take legal action against sterilising-device maker – BBC News

Posted November 16th, 2020 in class actions, compensation, damages, health, medical treatment, news, women by sally

‘Lawyers have begun legal action on behalf of 200 UK women against the makers of a sterilisation device, after claims of illness and pain.’

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BBC News, 15th November 2020

Source: www.bbc.co.uk

Asylum seekers crossing Channel face ‘inhumane treatment’, observers say – The Guardian

Posted November 13th, 2020 in asylum, detention, government departments, health, immigration, news, standards by tracey

‘Independent monitors say migrants arriving at Dover are moved with untreated injuries amid serious documentation errors.’

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The Guardian, 13th November 2020

Source: www.theguardian.com

UK to ban all online junk food advertising to tackle obesity – The Guardian

Posted November 11th, 2020 in advertising, children, consultations, food, government departments, health, internet, news by sally

‘Downing Street has unveiled plans to implement a total ban on online junk food advertising – the toughest digital marketing restrictions in the world – in an attempt to tackle the growing obesity crisis.’

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The Guardian, 10th November 2020

Source: www.theguardian.com

The Self-Isolation Regulations: Implications for Employers – Henderson Chambers

Posted November 10th, 2020 in coronavirus, employment, health, news, penalties, regulations by sally

‘The Health Protection (Coronavirus, Restrictions) (Self-Isolation) (England) Regulations 2020, SI 2020/1045 (“the Self-Isolation Regulations”) are the latest in a series of statutory instruments which have, since March 2020, been introduced by UK Government Ministers under the Public Health (Control of Disease) Act 1984 (“the 1984 Act”) in response to the Covid-19 pandemic. This Alerter highlights the implications for employers.’

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Henderson Chambers, 9th October 2020

Source: www.hendersonchambers.co.uk

Covid: Watchdog probes racial inequalities in healthcare – BBC News

Posted November 5th, 2020 in coronavirus, equality, health, minorities, news by tracey

‘An inquiry is under way into why lower-paid health and social care workers from ethnic minorities are at greater risk from coronavirus.’

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BBC News, 5th November 2020

Source: www.bbc.co.uk

Legal loophole allows children to get free vape samples – The Guardian

Posted October 27th, 2020 in advertising, children, consumer protection, health, news, smoking by sally

‘Health campaigners have expressed alarm after it emerged that a loophole in the law means it is legal for marketing companies to hand out vapes to children for free.’

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The Guardian, 25th October 2020

Source: www.theguardian.com

EP 128: The Cumberlege Review – Marina Wheeler QC – Law Pod UK

Posted October 26th, 2020 in doctors, health, hospitals, medical treatment, medicines, news, podcasts by sally

‘In Episode 128 Emma-Louise Fenelon talks to Marina Wheeler QC about the Cumberlege Review, which investigated the response of England’s healthcare system to patients’ reports of harm from drugs and medical devices.’

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Law Pod UK, 22nd October 2020

Source: audioboom.com

Immigration Health Surcharge To Increase on 27 October 2020 – Richmond Chambers

Posted October 21st, 2020 in chambers articles, fees, health, immigration, medical treatment, news by sally

‘The Immigration (Health Charge) (Amendment) Order 2020 (SI 2020 No. 1086) will come into force as law on 27 October 2020 after being signed by Kevin Foster, Parliamentary Under Secretary of State (Minister for Future Borders and Immigration) on 01 October 2020.’

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Richmond Chambers, 16th October 2020

Source: immigrationbarrister.co.uk

Covid: prisoner mental health at risk of ‘irreparable damage’ – The Guardian

Posted October 21st, 2020 in coronavirus, health, mental health, news, prisons, recidivists, rehabilitation by sally

‘Locking up prisoners in what amounts to solitary confinement under Covid restrictions risks causing “irreparable damage” to their mental health and does nothing to reduce reoffending, the chief inspector of prisons in England and Wales has said.’

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The Guardian, 20th October 2020

Source: www.theguardian.com

Were the March 2020 lockdown restrictions lawfully imposed? (Part 1) — Emmet Coldrick – UK Human Rights Blog

Posted September 28th, 2020 in constitutional law, coronavirus, emergency powers, freedom of movement, government departments, health, human rights, news, statutory interpretation by sally

‘The Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 (“the Regulations”) contained the most draconian restrictions on the liberty of the general population ever imposed in England. They purported to create several new criminal offences (see reg. 9), including an offence of contravening a regulation that “… no person may leave the place where they are living without reasonable excuse” (see reg. 6) and an offence of contravening, without reasonable excuse, a regulation that (subject to limited exceptions) “no person may participate in a gathering in a public place of more than two people” (see reg. 7).’

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UK Human Rights Blog, 24th September 2020

Source: ukhumanrightsblog.com

Health and Care Lasting Powers of Attorney – Family Law

Posted September 18th, 2020 in care homes, Court of Protection, health, medical treatment, news, powers of attorney by tracey

‘When we think about Lasting Powers of Attorney we usually think about property and financial affairs. There is, however, a second type of Lasting Power of Attorney which relates to health and care. In the current circumstances, it may be particularly relevant and important to consider putting in place health and care Lasting Powers of Attorney.’

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Family Law, 16th September 2020

Source: www.familylaw.co.uk

Naturalisation for EU citizens: comprehensive sickness insurance, the elephant in the room – EIN Blog

Posted August 19th, 2020 in brexit, citizenship, EC law, health, immigration, insurance, news by sally

‘As we head towards the end of the UK’s Brexit implementation period on 31 December 2020, the thoughts of many EU nationals (here I use the term to include EEA & Swiss citizens too) who have lived, studied and worked in this country, often for many years, are turning to becoming British.’

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EIN Blog, 19th August 2020

Source: www.ein.org.uk

Parents of toddler with severe epilepsy seek legal review of cannabis oil guidelines – The Guardian

Posted August 17th, 2020 in children, health, judicial review, medicines, news by sally

‘The parents of a toddler with severe epilepsy are seeking a landmark judicial review of rigid guidelines that effectively prevent the NHS from prescribing medical cannabis oil, a substance that they say has allowed their son to live a much healthier life, to thousands of sick children.’

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The Guardian, 16th August 2020

Source: www.theguardian.com

Coronavirus: ‘Institutional racism left minorities exposed’ – BBC News

Posted August 3rd, 2020 in coronavirus, employment, equality, health, inquiries, news, race discrimination, racism, Wales by sally

‘Institutional racism may have contributed to the disproportionate impact of Covid-19 on ethnic minorities in Wales, a top judge has claimed.’

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BBC News, 3rd August 2020

Source: www.bbc.co.uk

Local Authority Powers: Coronavirus Update ‘Part 2A’ Public Health Orders – 4-5 Gray’s Inn Square

Posted July 30th, 2020 in coronavirus, health, local government, news, regulations by sally

‘As the UK emerges from lockdown, and as local spikes start to emerge, it is increasingly important that new cases of coronavirus are identified quickly and that anyone who may be infectious complies with guidelines on quarantine, self-isolation and contact tracing. This article considers the potential of Part 2A Public Health Orders as a tool for local authorities to enforce testing and quarantine requirements where infectious individuals refuse to comply voluntarily and pose a threat to public health.’

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4-5 Gray's Inn Square, 20th July 2020

Source: www.4-5.co.uk

UK set to bring in strict new junk food rules including pre-9pm ad ban – The Guardian

Posted July 24th, 2020 in advertising, coronavirus, food, health, news by sally

‘The government is set to implement strict rules on how junk food is advertised and sold in the UK, with restrictions such as a ban on online adverts and TV commercials before the 9pm television watershed.’

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The Guardian, 23rd July 2020

Source: www.theguardian.com

Green light given for judicial review challenge of £350 million hospital redevelopment plan – Local Government Lawyer

Posted July 9th, 2020 in budgets, health, hospitals, judicial review, news by sally

‘A judicial review into the allocation of funding for hospital services in Hertfordshire is to take place after campaigners for a new hospital successfully applied for a judicial review of the plan to redevelop the area’s existing hospitals.’

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Local Government Lawyer, 8th July 2020

Source: www.localgovernmentlawyer.co.uk

Navigating Market Authorisation in the UK for the pharmaceutical industry – 3PB

Posted June 18th, 2020 in health, licensing, medicines, news by sally

‘‘Marketing Authorisation’ must be obtained in respect of any medicinal product that is to be sold, supplied or offered for sale or supply in the UK. This article looks at the different types of authorisation available, including when they might be appropriate for use in respect of the UK only before considering the process adopted in the UK for approving medicines into the market. It is designed to be a beginner’s guide to bringing new products to market in the UK as opposed to a full explanation of each step; ultimately how the application itself is make will depend on the product itself and the research behind it. If upon reading this article you gain an understanding of how to begin the Market Authorisation process, then this article has served its purpose.’

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3PB, 4th June 2020

Source: www.3pb.co.uk

Nyasha Weinberg and Claudia Pagliari: Covid-19 reveals the need to review the transparency and independence of scientific advice – UK Constitutional Law Association

Posted June 16th, 2020 in coronavirus, health, ministers' powers and duties, news by sally

‘The tragedy of Covid-19 demonstrates the profound, life-saving, importance of good advice. It is essential that the governance system enables the best possible provision of scientific advice, a mechanism for correcting sub-optimal advice, and clarity around the difference between scientific advice and political decision making.’

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UK Constitutional Law Association, 16th June 2020

Source: ukconstitutionallaw.org