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.’

Full Story

UK Human Rights Blog, 10th April 2020

Source: ukhumanrightsblog.com

Revealed: surge in domestic violence during Covid-19 crisis – The Guardian

‘Shocking statistics revealed that domestic violence has surged since the start of the coronavirus lockdown, as the home secretary, Priti Patel, insisted that help for all victims of abuse was available.’

Full Story

The Guardian, 12th April 2020

Source: www.theguardian.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”.’

Full Story

BBC News, 14th April 2020

Source: www.bbc.co.uk

Court of Appeal upholds ruling on vaccination of children in care of local authorities – Local Government Lawyer

‘The Court of Appeal has refused an appeal by parents over whether a local authority can make arrangements for the vaccination of children in its care, in the face of parental opposition, under its statutory powers or whether it is required to seek declaratory relief from the High Court to authorise their actions.’

Full Story

Local Government Lawyer, 7th April 2020

Source: www.localgovernmentlawyer.co.uk

Coronavirus: Walsall dad fined for son flouting lockdown – BBC News

‘A father has been fined by police after his son persistently flouted the coronavirus lockdown rules.’

Full Story

BBC News, 7th April 2020

Source: www.bbc.co.uk

Gethin Thomas: Back to the Wellbeing of Future Generations Bill – UK Constitutional Law Association

‘On 24 March 2020, the Wellbeing of Future Generations Bill 2020 was introduced into the House of Commons, for its first reading, by Caroline Lucas MP. The Bill had been introduced into the House of Lords on 21 October 2019, by Baroness Jenny Jones, on behalf of Lord John Bird (who is best known as the founder of Big Issue). Whilst the Bill is not supported by the Government, it has garnered cross party support, and the Bill’s co-sponsors are drawn from all of the major UK political parties.’

Full Story

UK Constitutional Law Association, 7th April 2020

Source: ukconstitutionallaw.org

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?’

Full Story

UK Human Rights Blog, 6th April 2020

Source: ukhumanrightsblog.com

Lockdown: A Response to Professor King — Robert Craig – UK Human Rights Blog

‘This post analyses the legal provisions that accompany some of the restrictions on movement of individuals announced by the Government. The movement restrictions themselves are vital to the protection of life in the current crisis and must be adhered to by all persons. The current Government guidance setting out these and other restrictions can be found here. Legal scrutiny of the associated regulations is warranted but should not be taken to question the undeniable imperative to follow that guidance.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

Nexus Chambers, 3rd April 2020

Source: www.nexuschambers.com

Coronavirus: Man jailed after hospital visit social media boast – BBC News

‘A man who boasted on social media of visiting a hospital without a medical reason has been jailed for 12 weeks.’

Full Story

BBC News, 2nd April 2020

Source: www.bbc.co.uk

Council and police shut pub that held lock in during lockdown – Local Government Lawyer

Posted April 3rd, 2020 in coronavirus, emergency powers, enforcement, health, licensed premises, news by sally

‘Ashfield District Council has used its powers working with Nottinghamshire Police to shut a pub under new rules introduced during the COVID-19 outbreak, after the licence holder held a lock in at her pub.’

Full Story

Local Government Lawyer, 2nd April 2020

Source: www.localgovernmentlawyer.co.uk

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.’

Full Story

Old Square Chambers, 30th March 2020

Source: www.oldsquare.co.uk

Jeff King: The Lockdown is Lawful: Part II – UK Constitutional Law Associaiton

‘In the post published yesterday, I explained that under Part 2A of the Public Health (Control of Diseases) Act 1984, UK and Welsh ministers can make regulations to protect public health that can impose ‘special restrictions’ on persons, things and premises. They can impose such restrictions in the same way that Justices of the Peace may do against individuals and groups. However, there are four exceptions to that general rule (section 45D(3)). The general regulation-making powers cannot be used to force a person to (a) submit to medical examination; be (b) removed to or (c) detained in a hospital or similar establishment, or, and mostly notably, (d) ‘be kept in isolation or quarantine.’ The rationale for the exclusions seems to be that these highly invasive things must be done on a case-by-case (i.e. person or group) instead of community-wide basis.’

Full Story

UK Constitutional Law Association, 2nd April 2020

Source: ukconstitutionallaw.org

York woman fined for breaching coronavirus rules – BBC News

Posted April 2nd, 2020 in coronavirus, emergency powers, enforcement, fines, health, news by sally

‘A woman has been fined for breaching coronavirus restrictions after she refused to tell police who she was and why she was at a railway station.’

Full Story

BBC News, 1st April 2020

Source: www.bbc.co.uk

Do Medical Practitioners have a duty to disclose Genetic Disorders despite the Principles of Confidentiality? – Exchange Chambers

‘An analysis of the ethical and legal considerations underpinning a decision to inform a patient’s relatives about a diagnosis of a genetic disorder in light of the recent judgment handed down in ABC v St Georges Healthcare and Others [2020] EWHC 455 (QB).’

Full Story

Exchange Chambers, 25th March 2020

Source: www.exchangechambers.co.uk

Council to appeal High Court ruling that stroke unit reconfiguration was lawful – Law Society Gazette

Posted April 1st, 2020 in appeals, equality, health, hospitals, local government, news by sally

‘Medway Council has lodged an appeal against a High Court decision which found that a joint committee of clinical commissioning groups had acted lawfully when dealing with health inequalities when they decided the locations of three hyper acute stroke units (HASUs) in Kent.’

Full Story

Local Government Lawyer, 31st March 2020

Source: www.localgovernmentlawyer.co.uk

Dorchester-upon-Thames man jailed for coughing in officer’s face – BBC News

Posted April 1st, 2020 in assault, coronavirus, criminal damage, health, imprisonment, news, police, sentencing by sally

‘A man who coughed in the face of a police officer arresting him for assaulting a woman has been jailed.’

Full Story

BBC News, 31st March 2020

Source: www.bbc.co.uk

Criminal Powers in response to Covid-19 – stay indoors instructions – 5SAH

‘On 23 March 2020, the Prime Minister instructed everyone to remain in their homes in order to limit the spread of COVID-19. The overwhelming majority of individuals and businesses have taken steps to comply with that instruction. However, concerns remained about the large number of people continuing to use London Underground, groups of people congregating in public places and a small number of people steadfastly refusing to comply. From the off, law enforcement officials were asking to be furnished with powers to enforce compliance.’

Full Story

5SAH, 30th March 2020

Source: www.5sah.co.uk