Getting off the hook: A guide to securing release from contractual obligations and varying public contracts in light of COVID-19 – 39 Essex Chambers

Posted November 10th, 2020 in amendments, contracting out, contracts, coronavirus, news, regulations by sally

‘Given the current challenging economic circumstances arising from the COVID-19 pandemic, which the authors fear may worsen over the coming months as employers are weaned off the Government’s furlough scheme, contracting authorities and their contractors may want to be released from obligations under existing contracts (and/or to protect their position having already defaulted on their obligations). Similarly, contracting authorities may want to vary existing contracts going forward. However, for obvious reasons, notably the time and cost involved, the appetite for undertaking a new procurement exercise is likely to be limited. This article therefore provides a guide to the available options for achieving these objectives.’

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39 Essex Chambers, 16th October 2020

Source: www.39essex.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

Lockdown 2: how does it affect child contact? – Family Law

Posted November 5th, 2020 in children, contact orders, coronavirus, news, regulations by tracey

‘No sooner had clarity been obtained as to how child contact would work within and across the tier system, than the government announced its suspension in England. From 5 November 2020, a 4-week lockdown will begin. Thankfully though, the position on child contact is very much clearer this time around.’

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Family Law, 4th November 2020

Source: www.familylaw.co.uk

Covid-19 and False Imprisonment – UK Constitutional Law Association

‘The Cambridge Private Law Centre last week hosted its annual Freshfields lecture. Lord Sumption addressed us on “Government by decree—Covid-19 and the Constitution”. This lecture has received considerable media attention and already been mentioned on this blog.’

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UK Constitutional Law Association, 3rd November 2020

Source: ukconstitutionallaw.org

Robert Craig: Coronavirus Regulations Case reaches the Court of Appeal – Hearing Dates 29-30 October 2020 – UK Constitutional Law Association

Posted October 29th, 2020 in coronavirus, judicial review, ministers' powers and duties, news, regulations by sally

‘Litigation challenging the vires of the Coronavirus Regulations has been rumbling along over recent months. On 6 July 2020, Mr Justice Lewis refused permission in the Simon Dolan judicial review case.’

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UK Constitutional Law Association, 28th October 2020

Source: ukconstitutionallaw.org

Campaigners launch judicial review challenge over decision by council that petition on changing governance arrangements was invalid – Local Government Lawyer

Posted October 29th, 2020 in coronavirus, judicial review, local government, news, referendums, regulations by sally

‘A London borough is facing a judicial review challenge over its decision that a petition calling for a referendum on changes to its governance arrangements was invalid.’

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Local Government Lawyer, 28th October 2020

Source: www.localgovernmentlawyer.co.uk

We can work it out: Understanding the new sponsored worker scheme and options for employing migrant workers post-Brexit – EIN Blog

Posted October 27th, 2020 in brexit, immigration, migrant workers, news, regulations, sponsored immigrants by sally

‘On 22 October 2020 new Immigration Rules were published which will fundamentally change how UK business recruits and retains migrant talent. Here we look at 10 key things to know about these changes, and how they may affect individuals and employers.’

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EIN Blog, 27th October 2020

Source: www.ein.org.uk

Stuart Wallace: A Triple Threat to the Rule of Law – UK Constitutional Law Association

Posted October 27th, 2020 in armed forces, bills, brexit, coronavirus, immunity, news, regulations, rule of law by sally

‘A trio of threats to the rule of law present themselves in parliament at this time: The Internal Market Bill, the Overseas Operations Bill and the inexorable flow of Health Protection Regulations. Before discussing the nature of the threats, it may be useful to highlight the distinct principles of the rule of law that are concerned. While the concept of the rule of law may have been debated by legal scholars for centuries, I am confident that adherents to both the substantive and formal conceptions of the rule of law would be equally affronted by recent developments in Parliament.’

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UK Constitutional Law Association, 27th October 2020

Source: ukconstitutionallaw.org

Brexit: UK to ban more EU citizens with criminal records – BBC News

Posted October 22nd, 2020 in brexit, criminal records, immigration, news, regulations by sally

‘Many more EU citizens with criminal records will be barred from entering the UK from January, the Home Office has said.’

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BBC News, 22nd October 2020

Source: www.bbc.co.uk

Statutory Instruments: the Unseen Constitutional Crisis – Blackstone Chambers

Posted October 20th, 2020 in brexit, constitutional law, coronavirus, legislative drafting, news, regulations by sally

‘Why is legislating by Statutory Instrument so tempting for Government?’

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Blackstone Chambers, 14th October 2020

Source: www.blackstonechambers.com

New Judgment: R (on the application of Highbury Poultry Farm Produce Ltd) v Crown Prosecution Service [2020] UKSC 39 – UKSC Blog

Posted October 20th, 2020 in animal cruelty, animals, appeals, birds, EC law, news, regulations, slaughter, Supreme Court by sally

‘The Supreme Court unanimously dismissed this appeal addressing whether proof of an offence contrary to Regulation 30(1)(g) of the Welfare of Animals at the Time of Killing (England) Regulations 2015, brought against a business operator as defined in Regulation (EC) No. 1099/2009 on the protection of animals at the time of killing, requires proof of mens rea and/or some culpable act or omission on the part of the business operator.’

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UKSC Blog, 16th October 2020

Source: ukscblog.com

New Brexit law will allow vulnerable EU citizens to apply late to stay in UK – The Guardian

‘The government is to fast-track legislation it believes will stop vulnerable EU citizens becoming Windrush-type victims of Brexit, it has emerged.’

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The Guardian, 15th October 2020

Source: www.theguardian.com

Police report rise in Covid rule breaches in north of England – The Guardian

Posted October 13th, 2020 in coronavirus, news, penalties, police, regulations, statistics by sally

‘Reports of Covid-19 restrictions breaches have increased in parts of the north of England in the run-up to stricter local lockdowns being announced, with some councillors warning about “vexatious” false claims of neighbours breaking the rules.’

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The Guardian, 12th October 2020

Source: www.theguardian.com

G-A-Y nightclub owner launches legal action against government over 10pm curfew – The Independent

Posted October 6th, 2020 in clubs, coronavirus, health & safety, judicial review, news, regulations by tracey

‘”Enough is enough” says Jeremy Joseph as he launches judicial review into policy that threatens future of pubs, clubs and restaurants.’

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The Independent, 5th October 2020

Source: www.independent.co.uk

Half of coronavirus fines go unpaid in England and Wales – The Guardian

Posted October 1st, 2020 in coronavirus, enforcement, fines, magistrates, news, penalties, police, regulations by sally

‘Half the fines issued by police for breaches of coronavirus rules in England and Wales have not been paid and will be dealt with by the already beleaguered courts, it has been revealed.’

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The Guardian, 30th September 2020

Source: www.theguardian.com

Inquest into suicide of gambling addict will explore if UK state failed him – The Guardian

‘The parents of a gambling addict who killed himself have said government bodies “do not want to know what killed a perfectly happy and healthy 24-year-old” who was hooked on “products licensed by the state”.’

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The Guardian, 25th September 2020

Source: www.theguardian.com

NHS trust fined for lack of candour in first prosecution of its kind – The Guardian

Posted September 24th, 2020 in bereavement, hospitals, news, prosecutions, regulations by sally

‘A hospital trust has been fined for failing to be open and transparent with the bereaved family of a 91-year-old woman in the first prosecution of its kind.’

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The Guardian, 23rd September 2020

Source: www.theguardian.com

The importance of the Economic Interest Test in the UK’s new Trade Remedies Regime – Brexit Law

Posted September 24th, 2020 in brexit, EC law, international trade, news, regulations by sally

‘The UK’s new trade remedies regime contained in the Taxation (Cross-border Trade) Act 2018 (“2018 Act”) has an economic interest test which is different from that of any other jurisdiction. Some jurisdictions, e.g. US and Australia, have chosen not to have one at all. The test is designed to ensure that only remedies that are in the UK’s economic interests taken as a whole will be adopted.’

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Brexit Law, 24th September 2020

Source: brexit.law

UK judge halts Home Office flight to remove asylum seekers – The Guardian

Posted September 17th, 2020 in aircraft, asylum, deportation, EC law, news, regulations by michael

‘A senior high court judge has halted a charter flight hours before up to 20 asylum seekers who crossed the Channel to the UK in small boats were due to be forcibly removed to Spain, a country they had previously passed through.’

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The Guardian, 16th September 2020

Source: www.theguardian.com

Government pledges post-Brexit qualifications recognition – Legal Futures

‘The UK government will put in place a temporary system to recognise the professional qualifications of EU lawyers post 1 January 2021 if no agreement is reached before Brexit, it has confirmed.’

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Legal Futures, 28th August 2020

Source: www.legalfutures.co.uk