Coronavirus: 14,000 lockdown-breach fines imposed – BBC News
‘Police in England and Wales have issued more than 14,000 fines for alleged breaches of lockdown laws.’
BBC News, 15th May 2020
Source: www.bbc.com
Category: news
Redundancy and Coronavirus: Picking up the Pieces – Six Pump Court
‘Clearly recent events have had a huge impact on business and substantial changes to the nature and size of workforces is expected which will, unfortunately, require consideration of redundancies.’
Six Pump Court, 11th May 2020
Source: www.6pumpcourt.co.uk
CPS announces review findings for first 200 cases under coronavirus laws – Crown Prosecution Service
‘Prosecutors have reviewed more than 200 finalised cases under the coronavirus legislation up to the end of April, with any incorrect charges withdrawn and overturned.’
Crown Prosecution Service, 15th May 2020
Source: www.cps.gov.uk
The Health Protection (Coronavirus, Restrictions) (England) (Amendment) (No. 2) Regulations 2020: An Easing of Restrictions in the Residential Property Market – Falcon Chambers
‘On 13 May 2020, the Health Protection (Coronavirus, Restrictions) (England) (Amendment) (No. 2) Regulations 2020 came into force, signaling a start to the tentative easing of the “lockdown” promised by the Prime Minister in his speech on 10 May 2020.’
Falcon Chambers, May 2020
Source: www.falcon-chambers.com
Reilly v Secretary of State for Education – Blackstone Chambers
‘This decision exemplifies the stricter approach the courts are now taking in disciplinary cases where the regulated person fails to attend a hearing.’
Blackstone Chambers, 13th May 2020
Source: www.blackstonechambers.com
The Return to Work After Lockdown – 39 Essex Chambers
‘As we enter the second phase of the national battle against Covid-19 it is possible to discern a change in the political climate. The cease-fire that has been in place for the last two months may be coming to an end, with the question of how the non-WFH workforce might resume fruitful economic activity dividing not just the political parties but also the national and devolved administrations. The early indications are that the conservative government’s preferred approach is to hand over to businesses the task of designing the ‘covid-secure’ workplace and then managing the return of their workers. Detailed practical guidance from government and the HSE (https://www.hse.gov.uk/index.htm) is already arriving and there will be extensive consultation with the unions, whose priority will be to prevent a resumption of work in unsafe factories, offices and sites. No doubt much can also be learned from those businesses that have been able to continue operating during lockdown. To ensure safety and consistency, the prime minister has promised the close involvement of the HSE – spot checks of workplaces are even being planned – and returning workers are being encouraged to blow the whistle on unsafe practices and premises.’
39 Essex Chambers, 13th May 2020
Source: www.39essex.com
Fraud Under the Furlough Scheme – Church Court Chambers
‘On the 20 March 2020, the UK Government Chancellor, Rishi Sunak announced a number of measures to help employees and businesses through the COVID-19 pandemic crisis: one of them was the Coronovirus Job Retention Scheme (“CJRS”). As billions of pounds is paid in grants to companies, the temptation to exaggerate claims, lie, cheat or just make fraudulently claims will occur. New loopholes and opportunities for fraud have emerged. HMRC is aware of this and have even set up a specialised whistleblower line. Yasin Patel and Amy Hazlewood explore the scheme and the potential criminal offences for anyone found to have made fraudulent claims under the CJRS.’
Church Court Chambers, May 2020
Source: churchcourtchambers.co.uk
Re B (Children) (Remote Hearing: Interim Care Order) [2020] EWCA Civ 584 by Emily Ward – Broadway House Chambers
‘This is the second case relating to the welfare of children to reach the Court of Appeal on the issue of remote hearings during the Covid-19 pandemic. The same panel of judges who dealt with Re A presided in this case. You can find the decision Re A here and Re B here.’
Broadway House Chambers, 11th May 2020
Source: broadwayhouse.co.uk
“What next for the Construction Act?” – Rupert Choat for Building Magazine – Atkin Chambers
‘The latest consultation on the Construction Act reached its second stage last month, with the government’s long overdue publication of responses to its consultation on the legislation. When the 1996 act was amended in 2011, the government proposed reviewing it after three years. However, it was six years before consultation with the industry even began. A summary of the responses to that consultation was due two years ago but, presumably owing to Brexit, was not published until this February.’
Atkin Chambers, 12th May 2020
Source: www.atkinchambers.com
Sentencing Sexual Cases with a Fake Victim – Broadway House Chambers
‘There has been something of an explosion in the number of sexual offences cases coming to the Crown Court where there is no actual victim. Offenders are caught by so-called paedophile hunters or police officers going online and posing as children.’
Broadway House Chambers, 11th May 2020
Source: broadwayhouse.co.uk
Is it permissible for a defendant to attend (final) confiscation hearings via audio and/or video link during the coronavirus (COVID-19) pandemic court ‘lock down’? – 5SAH
‘Disagreement and divergent approaches to this question persist since the Coronavirus Act 2020 amended the Crime and Disorder Act 1998 (CDA 1998). The position as at 1 May 2020 is as follows. John Oliver discusses for Lexis Nexis PSL.’
5SAH, 13th May 2020
Source: www.5sah.co.uk
Injunction to prevent a breach of mutual trust and confidence: Smo v Hywel Dda University Health Board [2020] EWHC 727 (QB) – 3PB
‘The Court found in favour of the Claimant, a Consultant Surgeon, to restrain the Defendant from continuing a working relationships investigation into his alleged conduct, competence or behaviour, whilst carrying out disciplinary proceedings in parallel. The Defendant’s breached a duty of mutual trust it owed to the Claimant when they decided to embark on a working relationships investigation which was not decided through the exercise of a discretionary power expressly or impliedly conferred on it by the Claimant’s contract of employment.’
3PB, 1st May 2020
Source: www.3pb.co.uk
COVID-19: Frustration & Contracts of employment – 3PB
‘Frustration is a common law doctrine where a contract is treated as discharged by operation of law when an event has occurred which renders continued performance impossible, illegal or radically different to that contemplated by the parties when they entered into the contract. The doctrine was first established in Taylor v Caldwell (1863) 3 B&S 826, where a music hall had been destroyed by fire, but has developed thereafter.’
3PB, May 2020
Source: www.3pb.co.uk
Changes to the EHCP regime during Covid-19: a quick guide for parents and representatives – Monckton Chambers
‘On 1 May 2020, the entitlements of children with SEND (and their parents) in relation to the Education, Health and Care (EHC) Plan process changed. The Special Educational Needs and Disability (Coronavirus) (Amendment) Regulations 2020 (the “New Regulations”) came into force. They will expire on 25 September 2020 unless extended. The New Regulations amend four existing sets of Regulations including the Special Educational Needs and Disability Regulations 2014 (the “SEND Regulations”).’
Monckton Chambers, 12th May 2020
Source: www.monckton.com
Mayor of London loses statutory challenge over permission for substantial development at top private school – Local Government Lawyer
‘The Mayor of London has failed in a challenge by statutory review to a decision of the Secretary of State for Housing, Communities and Local Government to allow an appeal by Harrow School against refusal of planning permission for a substantial development.’
Local Government Lawyer, 14th May 2020
Source: www.localgovernmentlawyer.co.uk
Government to ease requirements on publicity and consultation in latest measures to help planning system operate during COVID-19 – Local Government Lawyer
‘The Ministry of Housing, Communities and Local Government has announced further, temporary measures to make it easier to operate the planning system during the coronavirus outbreak.’
Local Government Lawyer, 13th May 2020
Source: www.localgovernmentlawyer.co.uk
Tom Hickman: A very English lockdown relaxation – UK Constitutional Law Association
‘The changes were made in part by amendment to the Health Protection (Coronavirus, Restrictions) (England) Regulations 2020/350. A note about the unsatisfactory process by which the changes were brought about. The policy was announced by the Prime Minister on television on Sunday night. This was in contravention of the constitutional principle, embodied in the Ministerial Code 9.1 (page 23), that important policy announcements will be made first to Parliament. Draft amendment regulations were then not published until Tuesday afternoon and they came into effect the following day, without any Parliamentary approval. This was possible because the Government used the “emergency procedure” under s.45R of the Public Health (Control of Disease) Act 1984, on the basis that the Health Secretary was prepared to state his belief that, “by reason of urgency, it is necessary to make this instrument without a draft having been laid before, and approved by a resolution of, each House of Parliament”. It is however impossible to understand what that urgency was. After all, the amendment regulations gave effect to a relaxation not a tightening of the lockdown: there is no urgent public health reason for such a step. There is no evident reason why proper procedure could not be complied with and Parliament had to be bypassed. Whilst no doubt many people have been itching to get to a garden centre for weeks, resorting to emergency procedures that delay (and in effect largely remove) Parliamentary scrutiny damages public trust in emergency powers precisely at a time when public trust in such powers is most needed. The episode aggravates and underscores the problem which I and others have previously identified, that the regulations require a bespoke statutory basis and that resorting to the Public Health Act as the legal basis for such regulations is an unsatisfactory and constitutionally suspect expedient.’
UK Constitutional Law Association, 14th May 2020
Source: ukconstitutionallaw.org
