Libel judge issues “wasteful” bundles warning – Litigation Futures

Posted June 1st, 2020 in case management, defamation, documents, media, news, proportionality by sally

‘It should not be necessary for the court to make express directions as to what should be included in a hearing bundle but failures to collate them properly may force them to, a High Court judge has warned.’

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Litigation Futures, 1st June 2020

Source: www.litigationfutures.com

Woman who makes involuntary sounds fails in judicial review challenge over noise abatement notice – Local Government Lawyer

‘A 67-year-old retired primary school teacher who has a neurological disorder that causes her to make involuntary sounds and noises has failed in a judicial review challenge over a noise abatement notice.’

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Local Government Lawyer, 26th May 2020

Source: www.localgovernmentlawyer.co.uk

Leviathan Challenged — the lockdown is compliant with human rights law (Part Two) – UK Human Rights Blog

‘In this article, Dominic Ruck Keene and Henry Tufnell argue that the challengers to the legislation have not shown that the measures adopted by the Government are disproportionate in the circumstances of the pandemic.’

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UK Human Rights Blog, 11th May 2020

Source: ukhumanrightsblog.com

Police urged to justify use of stun guns against black men – The Guardian

‘The Metropolitan police and the Greater Manchester force have been urged to make clear whether or not the use of stun guns against black men by officers this week was proportionate and reasonable.’

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The Guardian, 10th May 2020

Source: www.theguardian.com

Prisoner wins first round in challenge to terrorism law – The Guardian

‘A prisoner convicted of stirring up religious hatred has won the first round in his legal challenge to emergency legislation preventing early automatic release of terrorism offenders.’

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The Guardian, 5th May 2020

Source: www.theguardian.com

UK government faces legal challenge to lockdown from businessman – The Guardian

‘The government is facing a challenge to the legality of the coronavirus lockdown by a wealthy businessman who fears it will kill more people than it saves.’

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The Guardian, 1st May 2020

Source: www.theguardian.com

Frederick Cowell: Lifting the Lockdown: The Human Rights Issues – UK Constitutional Law Association

‘The Coronavirus Act 2020, which was passed in less than three days by Parliament, does not contain the restrictions governing the lockdown in England. These are contained in the Health Protection (Coronavirus, Restrictions) (the Regulations) passed under the Public Health (Control of Diseases) Act 1984. Devolved governments have pursued similar strategies in this respect. As Professor Jeff King has argued on this blog, s.45 of the 1984 Act can be ‘construed literally to confer powers to impose the lockdown’ because it allows for restrictions on ‘persons, things or premises in the event’ of a threat to public health. Like all secondary legislation, following s.3 of the Human Rights Act 1998 this needs to be compatible with the European Convention on Human Rights (ECHR). Yet, as this post sets out, some difficult rights trade-offs and restrictions may come from lifting lockdown restrictions requiring us to revaluate what we consider as normal in terms of balancing rights and liberties.’

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UK Constitutional Law Association, 1st May 2020

Source: ukconstitutionallaw.org

Do business tenants prevented from trading have a remedy under the Human Rights Act 1998? – Falcon Chambers

‘On 20 April 2020, the Hospitality Union wrote a letter to the Chancellor of the Exchequer asking for a “National Time Out” under which there would be a nine-month national payment pause granted to business tenants. This would be “a crucial period of payment postponement when commercial rents, and the debt and interest payments secured on those premises, are pushed to the back end of leases and term loans.”’

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Falcon Chambers, 23rd April 2020

Source: www.falcon-chambers.com

Recovering Inquest Costs in Subsequent Civil Proceedings – Ropewalk Chambers

Posted April 24th, 2020 in chambers articles, civil justice, costs, inquests, negligence, news, proportionality by sally

‘The basic position is well-known: in principle, the costs of an inquest are recoverable in a subsequent clinical negligence claim. The leading case in this regard, also well-known, is Roach -v- Home Office [2010] QB 256.’

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Ropewalk Chambers, April 2020

Source: www.ropewalk.co.uk

A disproportionate interference: the Coronavirus Regulations and the ECHR — Francis Hoar – UK Human Rights Blog

‘The ‘lockdown’ imposed by the government to contain the coronavirus and Covid 19, the disease it causes has been enforced mainly through the Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 (‘the Regulations’), imposed under powers delegated by the Public Health (Control of Disease) Act 1984 (‘the 1984 Act’).’

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UK Human Rights Blog, 21st April 2020

Source: ukhumanrightsblog.com

The impact of Coronavirus, part 5: the Coronavirus Act 2020 – 6KBW College Hill

‘As Hippocrates remarked at the height of the Plague of Athens in 430BC, desperate times call for desperate measures. The deadly coronavirus has brought forth desperate measures almost everywhere, and the keystone of this country’s response to the crisis is the Coronavirus Act 2020. This post focusses on some key aspects of it, asking how the new offences relating to “potentially infectious” persons are defined and whether the Act as a whole is necessary.’

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6KBW College Hill, 16th April 2020

Source: blog.6kbw.com

Met to review role of school police officers after legal challenge – The Guardian

‘The Metropolitan police are to review the role of officers in schools after a legal challenge raised concerns that they could have a disproportionately negative effect on pupils from black and minority ethnic groups.’

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The Guardian, 20th April 2020

Source: www.theguardian.com

Tom Hickman: Eight ways to reinforce and revise the lockdown law – UK Constitutional Law Association

‘The Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 and the counterpart regulations in Wales, Northern Ireland and Scotland, impose the most drastic restrictions on liberty ever seen in the United Kingdom. On 16 April 2020 they reach their first review point and it is a clear that they will be continued, probably initially for a further period of three weeks and thereafter quite likely for a much longer period either in their current form or in modified form.’

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UK Constitutional Law Association, 16th April 2020

Source: ukconstitutionallaw.org

Government changes how outdoor exercise guidance applies to people with specific health needs – Local Government Lawyer

‘The Government has changed its leaving home guidance to permit people with specific health needs to exercise outside more than once a day and to travel to do so where necessary, following the threat of a judicial review challenge.’

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Local Government Lawyer, 14th April 2020

Source: www.localgovernmentlawyer.co.uk

Why did government not use the Civil Contingencies Act? – Law Society’s Gazette

‘The Civil Contingencies Act 2004 (‘CCA’) represents a legal landmark. It updated and consolidated laws which enabled public authorities to prepare for, and respond effectively to, emergencies, replacing the Emergency Powers Act 1920 with a more comprehensive and consensual design. While it was motivated by domestic and global crises, it was not enacted in haste but benefited from a prolonged consultation period led by a special parliamentary joint committee. The final draft systematically furnished the executive with all conceivable powers, yet contained vital legal and parliamentary oversight to avert disproportionate action. The CCA addressed the widest range of possible eventualities: terrorist attacks, protests, environmental events – and human and animal disease pandemics. In other words, there already existed legislation designed to tackle the circumstances of coronavirus which indubitably qualifies as an emergency. Yet, rather than utilise this framework, the government has resorted to fresh legislation in the Coronavirus Act 2020. Why?’

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Law Society's Gazette, 2nd April 2020

Source: www.lawgazette.co.uk

Families of disabled children threaten legal challenge over government limit on outdoor exercise – Local Government Lawyer

‘A pre-action protocol letter has been sent to the Government calling on it to reconsider the policy that all citizens are only permitted to leave the house for exercise once per day.’

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Local Government Lawyer, 1st April 2020

Source: www.localgovernmentlawyer.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.’

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UK Constitutional Law Association, 2nd April 2020

Source: ukconstitutionallaw.org

Coronavirus and detention under the Mental Health Act – Doughty Street Chambers

‘The Coronavirus Act 2020 (CA 2020) has now been passed. However not all the provisions have yet come into force. Many of the provisions (including the amendments to the Mental Health Act 1983 (MHA) and to the Care Act 2014) will come into force on a day appointed by a Minister according to regulations. Once in force, a part of the Act could also be suspended and revived. For further details on this, see our earlier post here.’

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Doughty Street Chambers, 30th March 2020

Source: insights.doughtystreet.co.uk

CPS failed to tell inspectors of internal review revealing rape case failings – The Guardian

‘The Crown Prosecution Service conducted a secret internal review that exposed its failings in rape cases – but failed to share it with inspectors who were conducting an official inquiry for a major government investigation into rape, the Guardian can reveal.’

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The Guardian, 15th March 2020

Source: www.theguardian.com

Failure to spend budget “not a good reason to depart” – Litigation Futures

Posted March 9th, 2020 in budgets, costs, news, proportionality by tracey

‘A failure to spend the totality of a budgeted figure for a phase because of settlement is not in itself a good reason to depart from a costs budget, a regional costs judge has ruled.’

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Litigation Futures, 6th March 2020

Source: www.litigationfutures.com