Category: statutory interpretation

Is the Lockdown Lawful? An overview of the debate – UK Human Rights Blog

Posted April 21st, 2020 in coronavirus, emergency powers, enforcement, human rights, news, statutory interpretation by sally

‘The Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 were made by the Health Secretary on 26 March 2020. Understandably, given the speed with which the crisis was and still is developing, the Regulations were made using a statutory emergency procedure, meaning that they were not subject to Parliamentary scrutiny. They have yet to be challenged in the courts. In the meantime, a lively and important debate has developed about whether those regulations are lawful.’

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UK Human Rights Blog, 20th April 2020

Source: ukhumanrightsblog.com

Coronavirus and Civil Liberties in the UK – Blackstone Chambers

Posted April 20th, 2020 in chambers articles, coronavirus, emergency powers, enforcement, freedom of movement, news, statutory interpretation by sally

‘On 26 March 2020 the four countries of the United Kingdom became subject to regulations setting out the most severe restrictions on liberty ever imposed. Those restrictions are vitally necessary for fighting the coronavirus. This article analyses the range of legal issues that the restrictions give rise to, investigating what further refinements and reinforcement are required to ensure they are placed on a more secure legal footing.’

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Blackstone Chambers, 6th April 2020

Source: coronavirus.blackstonechambers.com

The impact of Coronavirus, part 3: the emergency criminal offences – 6KBW College Hill

Posted April 20th, 2020 in chambers articles, coronavirus, criminal justice, emergency powers, enforcement, news, statutory interpretation by sally

‘The current pandemic has led to a flood of emergency legislation. This post deals with The Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 (SI 2020 No. 350) made under the Public Health (Control of Disease) Act 1984, which supplement the Coronavirus Act 2020. The Regulations are, as is now trite, the strictest control on peacetime life in the modern history of the United Kingdom, and they set out the limits of the “lockdown” and how it is to be enforced. This post aims to set out how the Regulations apply to individuals, and provide some analysis of their contents.’

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6KBW College Hill, 6th April 2020

Source: blog.6kbw.com

The Coronavirus Act 2020 and Adult Social Care – 4-5 Gray’s Inn Square

Posted April 17th, 2020 in chambers articles, coronavirus, duty of care, easements, local government, news, social services, statutory interpretation by sally

‘This note is intended to assist local authorities when considering their Care Act 2014 duties following the Coronavirus Act 2020 (“The Act”) coming into force on 3 March 2020[1]. The Secretary of state issued Guidance on 01 April 2020. The Act contains provision for “easements” of Care Act 2014 duties during the emergency.’

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4-5 Gray's Inn Square, 7th April 2020

Source: www.4-5.co.uk

Coronavirus Restrictions: local authority enforcement powers – narrower than you might think – Francis Taylor Building

Posted April 17th, 2020 in chambers articles, coronavirus, emergency powers, enforcement, freedom of movement, local government, news, police, statutory interpretation by sally

‘Those venturing to their local park over the weekend probably witnessed an increased presence of police constables, out to enforce the new restrictions on movement and public gatherings. Those restrictions, as well as rules forcing the closure of certain businesses and premises, were introduced on 26 March 2020 by the Health Protection (Coronavirus, Restrictions) (England) Regulations 2020.’

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Francis Taylor Building, 9th April 2020

Source: www.ftbchambers.co.uk

“Pardonable in the Heat of Crisis – building a solid foundation for action” – UK Human Rights Blog

Posted April 17th, 2020 in coronavirus, emergency powers, human rights, news, statutory interpretation, ultra vires by sally

‘In a paper published today Lord Sandhurst QC and Benet Brandret QC follow up on the previous paper co-authored by Lord Sandhurst QC by making concrete proposals for addressing the issues identified previously (see the previous paper here and our post on it here). It sets out a more concluded position on the doubts as to the vires for SI 2020/350 by explaining why the Statutory Instrument is, indeed, ultra vires, and the need for new legislation. It also sets out routes to put legislation and Guidance on a sound footing.’

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UK Human Rights Blog, 16th April 2020

Source: ukhumanrightsblog.com

Cremation under coronavirus restrictions – Law & Religion UK

Posted April 16th, 2020 in burials and cremation, coronavirus, emergency powers, news, statutory interpretation by sally

‘As the coronavirus pandemic progresses, a recent indication of the development of funeral practices was given by The Guardian headline “UK councils begin to ban funeral ceremonies due to coronavirus“. Although dated 4 April, changes were being introduced by Leeds City Council as early as 20 March when it was announced that new funeral bookings (in Leeds) would be “cremation only”’ with no attendees.’

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Law & Religion UK, 15th April 2020

Source: www.lawandreligionuk.com

Sawkill -v- Highways England Company Ltd [2020] EWHC 801(Admin) – No. 5 Chambers

Posted April 16th, 2020 in chambers articles, news, planning, roads, statutory interpretation by sally

‘This case, although legally technical in nature, provides an interesting illustration of the way that the courts grapple with interpreting statutory powers in real-world situations.’

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No. 5 Chambers, 8th April 2020

Source: www.no5.com

Police Powers Under the 2020 Coronavirus Act by Stephen Wood QC – Broadway House Chambers

Posted April 15th, 2020 in chambers articles, coronavirus, emergency powers, enforcement, news, police, statutory interpretation by sally

‘A woman is arrested for loitering at a railway station and ‘prosecuted’ under the Coronavirus Act 2020. The prosecution do not oppose her appeal against conviction to the Crown Court on the basis that she had been prosecuted for an offence not known in law.’

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Broadway House Chambers, 14th April 2020

Source: broadwayhouse.co.uk

Man wrongly convicted under coronavirus law, Met police admit – The Guardian

Posted April 15th, 2020 in coronavirus, emergency powers, enforcement, fines, news, police, statutory interpretation, wrongful arrest by sally

‘A 21-year-old man has been wrongly convicted under coronavirus laws, the Metropolitan police have admitted, as concerns grow over the use of emergency powers.’

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The Guardian, 14th April 2020

Source: www.theguardian.com

Sean Molloy: Covid-19, Emergency Legislation and Sunset Clauses – UK Constitutional Law Association

Posted April 9th, 2020 in constitutional law, coronavirus, emergency powers, limitations, news, statutory interpretation by sally

‘On 25 March, the UK passed the Coronavirus Act 2020 as part of its attempt to manage the coronavirus outbreak. The Act introduces a wave of temporary measures designed to either amend existing legislative provisions or introduce new statutory powers in order to mitigate the effects of the COVID-19 (See Nicholas Clapham’s Conversation post here on the content of Bill). As countries around the world enact similar laws, there are notable concerns regarding not only the impact of emergency provisions on human rights, but also the potential of emergency powers to become normalised. One response is to utilise sunset clauses. This piece argues that while sunset clauses are both welcome and necessary, they should nevertheless be approached with a degree of caution.’

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UK Constitutional Law Association, 8th April 2020

Source: ukconstitutionallaw.org

Lockdown: A Response to Professor King — Robert Craig – UK Human Rights Blog

Posted April 7th, 2020 in coronavirus, emergency powers, enforcement, freedom of movement, health, human rights, news, statutory interpretation by sally

‘This post analyses the legal provisions that accompany some of the restrictions on movement of individuals announced by the Government. The movement restrictions themselves are vital to the protection of life in the current crisis and must be adhered to by all persons. The current Government guidance setting out these and other restrictions can be found here. Legal scrutiny of the associated regulations is warranted but should not be taken to question the undeniable imperative to follow that guidance.’

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UK Human Rights Blog, 6th April 2020

Source: ukhumanrightsblog.com

The Coronavirus Act 2020: When Legislation Goes Viral (Part One) – UK Human Rights Blog

Posted April 6th, 2020 in bills, coronavirus, emergency powers, freedom of movement, human rights, news, statutory interpretation by sally

‘At this point, it is almost trite to say that we are living through unprecedented events. The global spread of the Coronavirus pandemic poses serious challenges to society. So far, the global death-toll has exceeded 21,000 and life as we know it in the UK has changed dramatically. In response to this crisis the Government has announced drastic measures in order to curb the spread of the virus and to support those who may be affected. Indeed, it seems that Cicero’s famous injunction to let the welfare of the people be the highest law has gained a new relevance in the age of COVID-19.’

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UK Human Rights Blog, 2nd April 2020

Source: ukhumanrightsblog.com

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

Posted April 6th, 2020 in appeals, EC law, news, references to European Court, statutory interpretation, Supreme Court, taxation, VAT by sally

‘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

Posted April 3rd, 2020 in coronavirus, emergency powers, enforcement, fines, news, police, statutory interpretation, wrongful arrest by sally

‘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

Posted April 3rd, 2020 in coronavirus, emergency powers, enforcement, news, police, statutory interpretation by sally

‘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

Posted April 2nd, 2020 in constitutional law, coronavirus, emergency powers, freedom of movement, health, human rights, news, proportionality, statutory interpretation by sally

‘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

Posted April 2nd, 2020 in chambers articles, coronavirus, emergency powers, news, statutory interpretation by sally

‘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

Posted April 1st, 2020 in chambers articles, disclosure, employment, news, statutory interpretation, whistleblowers by sally

‘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

Posted April 1st, 2020 in chambers articles, consent, coronavirus, detention, medical treatment, mental health, news, proportionality, statutory interpretation, time limits, Wales by sally

‘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