New Judgment: Zipvit Ltd v Commissioners for Her Majesty’s Revenue and Customs [2020] UKSC 15 – UKSC Blog

‘The case concerned whether Zipvit, a trader selling vitamins and minerals by mail order, is entitled when accounting for VAT on its sales to make deductions of input VAT (the tax paid by the trader on goods and services purchased in connection with its business, as opposed to output VAT, which is the tax charged to the consumer by the trader on its goods or services) in respect of the price of postal services supplied to it by Royal Mail.’

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UKSC Blog, 1 April 2020

Source: ukscblog.com

Coronavirus: Woman ‘wrongly charged under new law’ – BBC News

‘British Transport Police has admitted wrongly charging a woman who was fined £660 under coronavirus legislation.’

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BBC News, 3rd April 2020

Source: www.bbc.co.uk

How Well Do You Know The New Coronavirus Lockdown Rules? – Each Other

‘Am I allowed to drive to take my dog for a walk? Are shops still allowed to sell Easter eggs? Take EachOther’s quiz to see how much you know about the latest coronavirus lockdown rules.’

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Each Other, 2nd April 2020

Source: eachother.org.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

The Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 – Six Pump Court

‘Whilst the ongoing coronavirus pandemic is having a unprecedented impact upon human behaviour, businesses should also be aware of the risks to legal persons and officers created by The Health Protection (Coronavirus, Restrictions) (England) Regulations 2020.’

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Six Pump Court, 27th March 2020

Source: www.6pumpcourt.co.uk

Whistleblowing: how easy is it to make a qualifying disclosure? – St John’s Buildings

‘It is generally assumed that the threshold for a statement made by a worker to qualify for whistleblowing protection is not high. After all, the information provided need only ‘tend’ to show, in the ‘reasonable belief’ of the worker that one of the wrongs identified in s.43B Employment Rights Act 1996 is being, has been, or will be committed. Often therefore, an unfair dismissal, or detriment, claim will proceed on the basis, without more, that the worker told the employer something to do with health and safety (or legal obligation or crime etc.). A deeper analysis of the s.43B requirements shows that qualification for protection is not as simple as first appears.’

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St John's Buildings, March 2020

Source: stjohnsbuildings.com

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

The quickly mutating Coronavirus legislation – drafting anomalies and police powers – UK Police Law Blog

‘The Health Protection (Coronavirus, Business Closure) (England) Regulations 2020 at reg 6(1) create a prohibition against leaving one’s home without reasonable excuse rather than being outside one’s home without reasonable excuse. Not only is that narrower than many people had thought, it shapes the powers of a police constable to direct or remove people to their home, which depends upon the constable considering that they have breached reg 6(1). Furthermore, in criminal proceedings for a breach, it may be that the burden of establishing of the defence of reasonable excuse is on a defendant in Scotland but on the prosecution in the other three home nations.’

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UK Police Law Blog, 31st March 2020

Source: ukpolicelawblog.com

Jeff King: The Lockdown is Lawful – UK Constitutional Law Association

‘The Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 (Reg 6) and the Health Protection (Coronavirus Restrictions) (Wales) Regulations 2020 (Reg 8) both provide in identical wording that ‘During the emergency period, no person may leave the place where they are living without reasonable excuse.’ Both also enumerate thirteen exceptions (‘reasonable excuses’) to the rule. These are the restrictions widely referred to as the ‘lockdown.’ There is a question at the moment about whether they are so invasive as to be unlawful. This two-part post briefly reviews the legal basis for the confinement. I argue that the lockdown is lawful.’

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UK Constitutional Law Association, 1st April 2020

Source: ukconstitutionallaw.org

Question of Incompatibility – Deprivation of Children’s Liberty Without Court Order? – Family Law Week

‘All persons are guaranteed the right to liberty and security of the person, as enshrined in Article 5 of the European Convention of Human Rights. As such, when an issue arises with regard to a potential deprivation of liberty of a child (or indeed of any person), appropriate procedural safeguards must be in place to ensure the child’s Article 5 as well as their Article 8 rights to private and family life are sufficiently protected. For some time, the courts have undertaken this process through the use of the inherent jurisdiction of the High Court to authorise and review any such deprivation of liberty in a way that renders the process compliant with Article 5.’

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Family Law Week, 12th March 2020

Source: www.familylawweek.co.uk

Out of time but not out of mind – Nearly Legal

‘We saw the High Court in this case take an incredibly strict approach to homelessness section 204 appeal timescales (our report), deciding that seeking legal aid representation could not be a good reason for filing an appeal out of time because, well, the substance of any appeal should be obvious to an unrepresented homeless applicant. We expressed considerable doubts about the realism of this decision at the time. Now, as it turns out, the Court of Appeal has had similar doubts.’

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Nearly Legal, 2nd February 2020

Source: nearlylegal.co.uk

Bateman v Devon CC (HHJ Mitchell, Plymouth CC, 2nd September 2019): Falling in between the portals – Guildhall Chambers

Posted January 21st, 2020 in costs, news, personal injuries, road traffic, statutory interpretation by sally

‘The facts of the case were straightforward. The Claimant was riding his motorcycle along a road for which the Local Authority were responsible when he fell and injured himself as a result of a pothole. A claim was brought against the Local Authority. Liability was denied, but after proceedings were served the case settled for a sum of £800.’

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Guildhall Chambers, 17th January 2020

Source: www.guildhallchambers.co.uk

Ethical Veganism as a Protected Characteristic – St John’s Building

‘An employment tribunal has ruled that ethical veganism is a philosophical belief that is protected by law against discrimination. In Jordi Casamitjana v the League Against Cruel Sports (LACS) JC complains of unfair dismissal having raised concerns with colleagues that its pension fund invested in companies involved in animal testing. The charity did not contest that ethical veganism should be protected but will argue at trial that JC was dismissed for gross misconduct.’

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St John's Buildings, 9th January 2020

Source: stjohnsbuildings.com

The role of CAFCASS in relation to non-subject children: A Case Study of A County Council v Children and Family Court Advisory and Support Service (Cafcass) [2019] EWHC 2369 (Fam) – Parklane Plowden

‘In a recent decision of the High Court, Mr Justice Keehan considered the extent to which, if at all, the Court has the power to appoint CAFCASS to undertake work with and advise non-subject, non-party children.’

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Parklane Plowden, 13th January 2020

Source: www.parklaneplowden.co.uk

Theodore Konstadinides and Riccardo Sallustio: Clause 26 of the European Union (Withdrawal Agreement) Bill 2019-20: An Exercise of Constitutional Impropriety? – UK Constitutional Law Association

‘The European Union (Withdrawal Agreement) Bill 2019-20 will pave the way for the UK to ratify the UK-EU Withdrawal Agreement and thus depart from the European Union (EU) soon thereafter, having received its third reading in the House of Commons just last week. This contribution examines certain major consequences deriving from the Bill becoming law and, in particular, the controversial, but little discussed Clause 26 which (as Lord Pannick remarked in a recent article in the Times) requires particularly careful scrutiny.’

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UK Constitutional Law Association, 14th January 2020

Source: ukconstitutionallaw.org

VAT charges on digital versions of newspapers overturned – OUT-LAW.com

Posted January 9th, 2020 in EC law, electronic commerce, internet, media, news, statutory interpretation, VAT by tracey

‘A major publisher has been successful in overturning a previous ruling that found that the digital versions of its newspapers were subject to VAT charges.’

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OUT-LAW.com, 8th January 2020

Source: www.pinsentmasons.com

Some oddities of the law on age: So you thought you reached age 21 on your 21st birthday? – Wilberforce Chambers

Posted January 9th, 2020 in news, pensions, statutory interpretation, time limits, wills by sally

‘Well, yes you probably did as a legal matter reach (or attain) age 21 at the start of your 21st birthday – ie at midnight at the start of that day (even if you had been born later in the day). But legally this has not always been the case in England and Wales.’

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Wilberforce Chambers, 7th January 2020

Source: www.wilberforce.co.uk

Council acted unlawfully when assessing whether applicant was ‘former relevant child’ – Local Government Lawyer

Posted December 16th, 2019 in benefits, children, local government, news, statutory interpretation by tracey

‘The High Court has ruled that the London Borough of Ealing acted unlawfully in its assessment of whether applicant AB was a “former relevant child” within the meaning of section 23C of the Children Act 1989.’

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Local Government Lawyer, 13th December 2019

Source: www.localgovernmentlawyer.co.uk

ALI V BARBOSA [2019] EWHC 2776 (Fam)– Void or Voidable. Maintaining the discretion of the family court and the importance of the circumstances of the case – Becket Chambers

Posted December 13th, 2019 in divorce, families, family courts, news, Scotland, statutory interpretation by sally

‘In October 2019, Mrs Justice Lieven DBE considered an application by a husband that the wife’s divorce proceedings, and the decree absolute, should be set aside for breaches in relation to service of the proceedings.’

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Becket Chambers, 6th December 2019

Source: becket-chambers.co.uk

A ‘fair hearing’ in the family court includes the judge creating the appropriate atmosphere – 5SAH

‘Within the U.K. there are two judicial systems: the law of England and Wales and the law of Scotland; which differ slightly. The Human Rights Act 1998 came into force on the 2nd October 2000 to incorporate the European Convention on Human Rights and Fundamental Freedoms 1950 (‘the Convention’) into the law of England & Wales. At the same time that the Human Rights Act 1998 was passing through parliament the Scotland Act 1998 was also making its’ way through parliament. Under the Scotland Act 1998, in May 1999, the U.K. devolved legislative and executive power to Scotland. The primary function of the Scotland Act 1998 was to set up a system of devolved government for Scotland, but it also included important provisions relating to the protection of the rights guaranteed by the Convention (‘Convention rights’).’

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5SAH, 10th December 2019

Source: www.5sah.co.uk