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

Coronavirus – new forms 3 and 6A for s8 and s21 – Nearly Legal

‘Now that the Coronavirus Act is in force (as of today 26 March 2020), the three month notice period applies to assure and assured shorthold tenancies (as well as secure, introductory, etc).’

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Nearly Legal, 26th March 2020

Source: nearlylegal.co.uk

Is Covid-19 Changing How We Think About Criminal Justice Reform? – Each Other

‘Barrister Tim Kiely examines the unexpected changes taking place within the criminal justice system amid the Covid-19 outbreak.’

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Each Other, 26th March 2020

Source: eachother.org.uk

PI industry protocol aims to prevent Covid-19 game-playing – Litigation Futures

‘A protocol aimed at cutting out opportunistic tactics by either claimants or defendants in personal injury (PI) cases during the Covid-19 pandemic has been unveiled by leading claimant firm Thompsons and the Association of British Insurers (ABI).’

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Litigation Futures, 25th March 2020

Source: www.litigationfutures.com

Bill sets five-year limit to prosecute UK armed forces who served abroad – The Guardian

‘A five-year time limit on bringing prosecutions against soldiers and veterans who have served abroad – except in “exceptional circumstances” – is to be imposed under legislation introduced by the government.’

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The Guardian, 18th March 2020

Source: www.theguardian.com

Martha Timbo v The Mayor and Burgess of the London Borough of Lambeth [2019] EWHC 1396 (Ch) – Tanfield Chambers

‘In a claim for relief from forfeiture the High Court refused to order relief where there was no good reason for delay beyond 6 months from re-entry, whether this resulted in a windfall for the landlord was irrelevant to the question of promptness.’

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Tanfield Chambers, 25th February 2020

Source: www.tanfieldchambers.co.uk

Case highlights need for certainty in out of hours administration appointments – OUT-LAW.com

‘The High Court ruled that it is not permissible for a notice of appointment of administrators by the directors of a company to be e-filed out of court hours. The court ruled that the defect was curable and that the appointment took effect at the time the court opened for business the next working day. This judgment adds to the growing number of conflicting cases about the validity and time of the appointment when notices are e-filed out of hours.

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OUT-LAW.com, 6th March 2020

Source: www.pinsentmasons.com

The traps in the Divorce etc Bill that could cause as much harm as finding fault – Family Law

Posted March 5th, 2020 in bills, divorce, news, notification, time limits by tracey

‘Traditional marriage etiquette recommends sending out wedding invitations 6-8 weeks before the big day. Under the proposed new divorce reform, a spouse might have the same amount of notice of the ending of their marriage.’

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Family Law, 5th March 2020

Source: www.familylaw.co.uk

Egg freezing laws not fit for purpose and force women into ‘heartbreaking’ scenario of destroying eggs – The Independent

Posted February 27th, 2020 in assisted reproduction, embryology, human rights, news, time limits by tracey

‘The UK law on egg freezing is not fit for purpose and can force women into the “heartbreaking” scenario of having their frozen eggs destroyed, leading medical organisations have warned.’

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The Independent, 27th February 2020

Source: www.independent.co.uk

Why does my BRP expire on 31/12/2024? – Richmond Chambers

Posted February 11th, 2020 in identity cards, immigration, news, time limits by sally

‘If you have been granted indefinite leave to remain (ILR) in the past few years, you will probably have been issued with a Biometric Residence Permit (BRP) with an expiry date of 31 December 2024.’

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Richmond Chambers, 7th February 2020

Source: immigrationbarrister.co.uk

High Court Rules Prior-Approval Time Limits CAN be Extended by Agreement – Francis Taylor Building

Posted February 11th, 2020 in news, planning, time limits by sally

‘In a thorough judgment, which contains a careful and detailed analysis of the relevant statutory provisions, Holgate J accepts the Secretary of State’s submission that Article 7 of the Town and Country Planning (General Permitted Development) (England) Order 2015 permits applicants and local planning authorities to agree extensions of time for the determination of such applications in writing. In doing so, he expressly disapproves of the decision of Mr Mark Ockelton (sitting as a Deputy Judge of the High Court) in R (Warren Farm (Wokingham) Limited) v Wokingham Borough Council [2019] EWHC 2007 (Admin), which he has held “should not be followed”.’

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Francis Taylor Building, 31st January 2020

Source: www.ftbchambers.co.uk

Frozen-egg storage 10-year limit ‘could be extended’ – BBC News

Posted February 11th, 2020 in assisted reproduction, embryology, human tissue, news, time limits by sally

‘The period of time for which eggs, sperm and embryos can be frozen could be extended, as the government calls for views on the current 10-year limit.’

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BBC News, 11th February 2020

Source: www.bbc.co.uk

How Plans To Triple The Police Bail Time Limit Could Affect Your Rights – Each Other

‘The length of time suspects could be bailed without being charged with a crime could be trebled under government plans.’

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Each Other, 7th February 2020

Source: eachother.org.uk

Extending prior-approval time limits by agreement – Local Government Lawyer

Posted February 7th, 2020 in local government, news, planning, time limits by tracey

‘The High Court has ruled that prior-approval time limits can be extended by agreement. Charles Streeten explains why.’

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Local Government Lawyer, 7th February 2020

Source: www.localgovernmentlawyer.co.uk

Windrush victims given extra time to apply for compensation but concerns over lack of legal advice remain – The Independent

‘Windrush victims will have an additional two years to apply for compensation for their losses after the Home Office bowed to pressure to extend the deadline by two years.’

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The Independent, 7th February 2020

Source: www.independent.co.uk

Court of Appeal provides important guidance on late homelessness appeals, recognising the “difficulties faced by homelessness applicants in bringing an appeal… without legal advice and representation” – Garden Court Chambers

Posted February 6th, 2020 in appeals, chambers articles, homelessness, news, time limits by sally

‘Giving judgment in the case of Al-Ahmed v Tower Hamlets London Borough Council [2020] EWCA Civ 51 on 30 January 2020, the Court of Appeal gave important guidance on when a homeless applicant may be permitted to bring an appeal outside of the 21-day time limit, against a local authority’s decision on his or her homeless application. It rejected a High Court decision which had found that the requirements of bringing a homelessness appeal were not ‘especially sophisticated or taxing’ and therefore there was not a good reason why Mr Al Ahmed could not have issued the appeal as a litigant in person during the time limit.’

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Garden Court Chambers, 30th January 2020

Source: www.gardencourtchambers.co.uk

Government launches public consultation on pre-charge bail – Home Office

‘New consultation aims to put the needs of victims first and ensure police are supported to investigate crimes.’

Full press release

Home Office, 5th February 2020

Source: www.gov.uk/home-office

MP launches new legal bid to allow asylum seekers to work after six months – The Independent

Posted February 5th, 2020 in asylum, bills, delay, immigration, news, time limits by tracey

‘Asylum seekers who have waited more than six months for a decision on their claim would be given the right to work under a new bill brought forward in parliament.’

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The Independent, 5th February 2020

Source: www.independent.co.uk

Unlawful detention deemed even less graceful – UK Human Rights Blog

Posted February 4th, 2020 in deportation, detention, immigration, news, time limits by sally

‘In AC (Algeria) v Secretary of State for the Home Department [2020] EWCA Civ 36, the Court of Appeal gave a trenchant warning that once it ceases to be lawful to detain an individual, the ‘grace period’ allowed within which to make arrangements for release can only be a short period. Moreover, the reasons for which any such grace period is required will be be closely scrutinised by the courts.’

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UK Human Rights Blog, 4th February 2020

Source: ukhumanrightsblog.com

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