Knowing the risks – foreseeability of stress related illness in the time of Covid 19 – Old Square Chambers

Posted May 29th, 2020 in coronavirus, employment, mental health, news, personal injuries by sally

‘Employers and workers are facing unprecedented challenges in responding to the current pandemic and the measures put in place by the UK governments to tackle it. One area of increasing concern is the impact of the crisis on mental health and wellbeing.’

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Old Square Chambers, 26th May 2020

Source: www.oldsquare.co.uk

Alarm over five suicides in six days at prisons in England and Wales – The Guardian

Posted May 28th, 2020 in coronavirus, death in custody, mental health, news, prisons, statistics, suicide by sally

‘Five suicides have been recorded in prisons in England and Wales in just six days, the Guardian understands, fuelling fears that a highly restrictive regime in place to combat the spread of the coronavirus is having a devastating impact on inmates.’

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The Guardian, 28th May 2020

Source: www.theguardian.com

Lewes sex abuser Jonathan Smith’s victim feels hope after his jailing – BBC News

‘A woman who was systematically abused as a child by a world-renowned music director has gone from “despair to hope” after seeing him finally jailed.’

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BBC News, 22nd May 2020

Source: www.bbc.co.uk

Anxiety among aspiring solicitors has “skyrocketed” – Legal Futures

Posted May 20th, 2020 in charities, coronavirus, mental health, news, paralegals, solicitors, statistics by sally

‘Anxiety among aspiring solicitors has “skyrocketed” as a result of the Covid-19 crisis, a survey has found, with 75% of trainees and paralegals expecting it to lead to “significant job losses at my level of seniority”.’

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Legal Futures, 20th May 2020

Source: www.legalfutures.co.uk

Covid-19 “exacerbating” inequality in profession – Legal Futures

‘Women lawyers are worried that the coronavirus crisis is exacerbating inequalities in the profession, with the pandemic hitting them hard, a survey has found.’

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Legal Futures, 15th May 2020

Source: www.legalfutures.co.uk

Case Preview: Ecila Henderson (A Protected Party, by her litigation friend, The Official Solicitor) v Dorset Healthcare University NHS Foundation Trust – UKSC Blog

‘The claimant had a long history of mental health difficulties arising from her diagnosis of paranoid schizophrenia. Following a period spent in hospital detention, the claimant received outpatient psychiatric treatment. During this time, her condition deteriorated and she stabbed her mother to death while experiencing a serious psychotic episode. She was charged with murder and pleaded guilty to manslaughter by reason of diminished responsibility. An independent investigation found that failings by the Trust in her care and treatment meant that a serious incident of some kind was foreseeable based on her behaviour in previous psychotic episodes. The Trust admitted liability to the effect that the claimant’s mother would not have been killed but for its breaches of duty in failing to respond adequately to the claimant’s deterioration in mental health.’

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UKSC Blog, 11th May 2020

Source: ukscblog.com

Junior lawyers “lose confidence” in SRA after Matthews case – Legal Futures

‘Junior lawyers have lost confidence in the Solicitors Regulation Authority’s (SRA) approach to dealing with inexperienced solicitors who have mental health issues or worked in toxic environments, the regulator has been told.’

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Legal Futures, 11th May 2020

Source: www.legalfutures.co.uk

Scott v LGBT Foundation Ltd: When Dealing with Personal Information Falls Outside the Data Protection Regime – The 36 Group

‘In Scott v LGBT Foundation Ltd [2020] EWHC 483 (QB) the High Court held that “a verbal disclosure does not constitute the processing of personal data” under the Data Protection Act 1998 (“DPA 1998”).’

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The 36 Group, 5th May 2020

Source: 36group.co.uk

Coronavirus: Young offenders out of cells for 40 minutes a day – BBC News

‘Children at a young offenders institution have been let out of their cells for only 40 minutes a day due to coronavirus, a report has revealed.’

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BBC News, 7th May 2020

Source: www.bbc.co.uk

Errol Graham death: Judicial review move over DWP policy – BBC News

‘The family of a mentally ill man who starved to death after his benefits were cut have applied for a judicial review of government policy.’

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BBC News, 1st May 2020

Source: www.bbc.co.uk

Remote hearings and inclusive justice – Transparency Project

‘How effectively are people with a cognitive impairment, mental health condition and/or neuro-diverse condition able to participate in proceedings in the justice system, particularly when they engage with that system via video or telephone link?’

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Transparency Project, 24th April 2020

Source: www.transparencyproject.org.uk

Medical Experts: Expert Neuropsychology Assessments for the Courts During COVID-19 – Coronavirus: Guidance for Lawyers and Businesses

‘The issue of medical experts examining claimants and reporting to the courts during the Covid-19 crisis is a difficult one. Here Consultant Neuropsychologist Daniel Friedland provides some guidance.’

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Coronavirus: Guidance for Lawyers and Businesses, 23rd April 2020

Source: lawinthetimeofcorona.wordpress.com

R (Carole Smith) v HM Assistant Coroner for North West Wales: Causation, admitted failings and what to record in the Record of Inquest – Parklane Plowden

‘On 7 April 2020, judgment was handed down in R (Carole Smith) v HM Coroner for North West Wales [2020] EWHC 781 (Admin). The case has important repercussions as to the relevance of admitted failures to Coroners’ conclusions and the extent of what should be recorded in the Record of Inquest (‘ROI’).’

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Parklane Plowden, 21st April 2020

Source: www.parklaneplowden.co.uk

Mental Health Law Update – Devon Chambers

Posted April 20th, 2020 in appeals, chambers articles, detention, mental health, news by sally

‘Ironically, in terms of its timing, on the day the country went into lockdown, the Upper Tribunal took a decision which will have a significant impact for those seeking to challenge restrictions on their liberty under the Mental Health Act 1983. This case originated in Cornwall and the solicitors were Conroys Solicitors of Truro. Sally Daulton of Devon Chambers represented the patient before the First-tier Tribunal and obtained leave to appeal. Before the Upper Tribunal, the patient was represented by Robert Pezzani and Stephen Simblet QC of Garden Court Chambers’ Civil Liberties Team.’

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Devon Chambers, April 2020

Source: www.devonchambers.co.uk

Coronial causation in a mental health context: case comment by Simon Connolly – Park Square Barristers

‘The Claimant (mother of the Deceased) applied to judicially review the Coroner’s decision and record of inquest on five grounds.’

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Park Square Barristers, 9th April 2020

Source: www.parksquarebarristers.co.uk

Prosecuting Domestic Violence – New Law Journal

‘On Saturday 15 February, Caroline Flack’s tragic death became widespread news across the country. Having been charged with common assault of her boyfriend, Lewis Burton, she pleaded not guilty on 23 December last year and was due to face trial on 4 March. On the same day that she took her life, a statement from Ms Flack’s management strongly criticised the Crown Prosecution Servce (CPS) for pursuing the case, citing its knowledge of her vulnerability and the lack of support from the alleged victim.’

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New Law Journal, 26th March 2020

Source: www.newlawjournal.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.’

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39 Essex Chambers, 7th April 2020

Source: www.39essex.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.’

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Coronavirus: Guidance for Lawyers and Businesses, 14th April 2020

Source: lawinthetimeofcorona.wordpress.com

Judge orders mental health patient to vacate bed for Covid-19 cases – The Guardian

Posted April 14th, 2020 in coronavirus, hospitals, mental health, news by sally

‘A high court judge has ruled a woman can be discharged from the hospital bed she has occupied for more than a year to relieve pressure during the Covid-19 pandemic.’

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The Guardian, 10th April 2020

Source: www.theguardian.com

What a difference a PSED makes… – Nearly Legal

‘Ms Durdana was a tenant of LCH. She faced possession proceedings under ground 17 Sch 2 Housing Act 1988 – that the landlord was induced to grant the tenancy by a false statement made knowingly or recklessly by the tenant or someone acting at the tenant’s instigation.’

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Nearly Legal, 6th April 2020

Source: nearlylegal.co.uk