Who gets the ventilator? Important legal rights in a pandemic – Blackstone Chambers

Posted May 19th, 2020 in chambers articles, coronavirus, hospitals, medical treatment, news by sally

‘COVID-19 is a highly contagious infection with no proven treatment. Approximately 2.5% of patients need mechanical ventilation while their body fights the infection.1 Once COVID-19 patients reach the point of critical illness where ventilation is necessary, they tend to deteriorate quickly. During the pandemic, patients with other conditions may also present at the hospital needing emergency ventilation. But ventilation of a COVID-19 patient can last for 2–3 weeks. Accordingly, if all ventilators are in use, there will not be time for patients to ‘queue up’ to wait for those who arrived earlier to recover. Those who need a ventilator will die if they do not receive access to one quickly.’

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Blackstone Chambers, 14th May 2020

Source: coronavirus.blackstonechambers.com

Second edition released of Cloisters Toolkit: Returning to work in the time of Coronavirus – Cloisters

Posted May 19th, 2020 in chambers articles, coronavirus, employment, health & safety, news by sally

‘A second edition of Cloisters Toolkit: Returning to work in the time of Coronavirus is now available. The comprehensive guide takes account of the latest government guidance on workplaces, travel to work and the furlough scheme.’

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Cloisters, 12th May 2020

Source: www.cloisters.com

Ivory ban upheld by Court of Appeal – UK Human Rights Blog

‘The overarching complaint was that the evidence base was insufficient. The appellant’s criticisms of Jay J’s analysis can be summarised as follows:

(i) wrongful use of the precautionary principle and the acceptance of inadequate evidence to support the bans;

(ii) failure to take account of the failings in the Impact Assessment which preceded the Bill and the according of too much deference to Parliament; and

(iii) violation of the principle of respect for property and the wrongful failure to require a right to compensation.’

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UK Human Rights Blog, 19th May 2020

Source: ukhumanrightsblog.com

John Bowers QC’s Employment Law Blog: Disobeying reasonable instructions – Littleton Chambers

Posted May 19th, 2020 in coronavirus, employment, health & safety, news, protective equipment by sally

‘As Britain gears up to go back to work the issue of whether employees can refuse to carry out certain tasks (or to work at all) will come to the fore as it has in other countries where the lock down has been lifted. The unions are already making it an issue. Clearly people will say I will not work without appropriate social or physical distancing. They may also argue that they are not willing to work without personal protection equipment. Or that they do not want to go to work on public transport. There is likely to be a great deal of litigation and some hard cases to be decided. So how does the law strike the necessary balance? This is not something that happened much in pre covid life but there are some precedents.’

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Littleton Chambers, 11th May 2020

Source: littletonchambers.com

Self-Employed Income Support Scheme (‘SEISS’) – Old Square Chambers

Posted May 19th, 2020 in coronavirus, news, remuneration, self-employment by sally

‘With the scheme going live on 13 May 2020, Giles Powell and Conor Kennedy consider the SEISS and its effects.’

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Old Square Chambers, 12th May 2020

Source: www.oldsquare.co.uk

New criminal sentencing provisions: Alcohol Abstinence and Monitoring Requirement comes into force on 19 May 2020 – 5SAH

Posted May 19th, 2020 in alcohol abuse, electronic monitoring, news, pilot schemes, sentencing by sally

‘Following the completion of a pilot of the Alcohol Abstinence and Monitoring Requirement (AAMR), section 76 of the Legal Aid Sentencing and Punishment of Offenders Act 2012 will come into force on 19 May 2020 (UKSI no.478 of 2020). Section 76 inserts a new section 212A to the Criminal Justice Act 2003 (“CJA 2003”), which empowers the court to impose an AAMR as a requirement of a community order or suspended sentence order.’

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5SAH, 12th May 2020

Source: www.5sah.co.uk

Avoidance Of Insurance Policy Due To Unintentional Non-Disclosure Clause: Acorn Finance Limited v Markel (UK) Ltd [202] EWHC 922 Considered – Park Square Barristers

Posted May 19th, 2020 in chambers articles, indemnities, insurance, negligence, news, valuation by sally

‘In this recent case, the Defendant was the professional indemnity insurer of Westoe 19 (formerly Colin Lilley Surveying Limited) referred to throughout the Judgment as “CLS”. CLS was a limited company whose business was property valuation.’

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Park Square Barristers, 12th May 2020

Source: www.parksquarebarristers.co.uk

How court trials are coping with coronavirus – BBC News

Posted May 19th, 2020 in coronavirus, courts, criminal justice, juries, news, pilot schemes by sally

‘A pilot scheme has begun to restart jury trials in the UK after they were halted due to the coronavirus pandemic.’

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BBC News, 18th May 2020

Source: www.bbc.co.uk

Is it really true that Covid-19 is the virus that does not discriminate? – Park Square Barristers

Posted May 19th, 2020 in coronavirus, employment, minorities, news, statistics by sally

‘Well that is what we have repeatedly been told by politicians and various medical and scientific advisers. However, statistical evidence shows to the contrary and that if you are BAME (Black, Asian, Minority Ethnic) then you are up to 4 times more likely to die after contracting the Coronavirus, making it clear that this is far from a level playing field.’

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Park Square Barristers, 14th May 2020

Source: www.parksquarebarristers.co.uk

Ofcom: Christian TV network aired Covid-19 conspiracies – The Guardian

Posted May 19th, 2020 in coronavirus, media, news, telecommunications by sally

‘A Christian television channel founded by a Lagos-based megachurch pastor has been sanctioned by Ofcom for airing “potentially harmful statements” about the Covid-19 pandemic, including a baseless conspiracy that the virus is linked to the rollout of 5G phone networks.’

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The Guardian, 18th May 2020

Source: www.theguardian.com

Depp v Denton: Hollywood star pleads for relief from sanctions – Law Society’s Gazette

Posted May 19th, 2020 in defamation, news, sanctions, time limits, witnesses by sally

‘Hollywood superstar Johnny Depp came up against the nuances of civil procedure rules yesterday after he asked for permission to call extra witnesses to his libel trial.’

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Law Society's Gazette, 19th May 2020

Source: www.lawgazette.co.uk

Public Funds Part 2: Claiming Child Benefit – Richmond Chambers

Posted May 19th, 2020 in benefits, children, coronavirus, immigration, news by sally

‘In this second post, following on from Public Funds Part 1: Public Funds and Coronavirus we examine the one benefit that can potentially be claimed by migrants subject to the no recourse to public funds condition – child benefit.’

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Richmond Chambers, 15th May 2020

Source: immigrationbarrister.co.uk

PPE: a consideration of civil liabilities – St Philips Barristers

‘Have we ever talked so much about PPE? Each breakfast bulletin features interviews with essential workers on the frontline of the COVID-19 pandemic, varyingly reporting inadequacies, shortages and faltering supply lines. When a shipment lands, it makes the news.’

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St Philips Barristers, 14th May 2020

Source: st-philips.com

CFA Uplifts in Inheritance Act Claims: recent developments – St John’s Buildings

Posted May 19th, 2020 in costs, fees, news, probate by sally

‘Conditional fee agreements have been a facet of contentious probate and estates litigation for many years and are, in many cases, the only realistic way for disappointed beneficiaries to fund litigation. This is particularly true of claims under the Inheritance (Provision for Family and Dependants) Act 1975.’

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St John's Buildings, May 2020

Source: stjohnsbuildings.com

Youth courts: are we still failing our most vulnerable? – Counsel

Posted May 19th, 2020 in children, courts, criminal justice, news, young persons, youth courts by sally

‘Have the 2013 reforms improved the youth justice experience at all or were they simply good intentions, poorly executed? A walkthrough of the key issues – and ideas for change – by Tori Adams and Kirsty Day.’

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Counsel, May 2020

Source: www.counselmagazine.co.uk

Safeguards over deprivations of liberty are “indispensable” to frail and vulnerable, says senior judge, amid “striking and troubling” drop in number of s.21A applications – Local Government Lawyer

‘The view that careful adherence to proper legal process and appropriate authorisation of deprivations of liberty may now, at times, be required to give way to other pressing welfare priorities is “entirely misconceived”, the Vice President of the Court of Protection has warned.’

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Local Government Lawyer, 15th May 2020

Source: www.localgovernmentlawyer.co.uk

Beneficial variations invalidated by TUPE transfer – Employment Law Blog

Posted May 19th, 2020 in news, pensions, transfer of undertakings by sally

‘What is the position if business owners employed by their own company award themselves substantially enhanced “golden parachute” terms in advance of a TUPE transfer, confident in the expectation that those liabilities will be picked up by the unwitting transferee?’

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Employment Law Blog, 18th May 2020

Source: employment11kbw.com

Recent Statutory Instruments – legislation.gov.uk

Posted May 19th, 2020 in legislation by tracey

The European Union (Withdrawal Agreement) Act 2020 (Commencement No. 3) Regulations 2020

The Civil Legal Aid (Remuneration) (Amendment) (Coronavirus) Regulations 2020

The Merchant Shipping (Life-Saving Appliances and Arrangements) Regulations 2020

Source: www.legislation.gov.uk

A2P1 and Access to Education during Covid-19 – Monckton Chambers

‘As the home-time bell rang on 20 March 2020, schools and other educational providers across the country closed their doors in response to the Covid-19 pandemic. The only pupils currently permitted to attend school are vulnerable children and the children of key workers. All children, however, continue to enjoy the right to education under Article 2 of the First Protocol (A2P1) of the European Convention on Human Rights (ECHR).’

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Monckton Chambers, 18th May 2020

Source: www.monckton.com

BAILII: Recent Decisions

Posted May 19th, 2020 in law reports by tracey

Court of Appeal (Civil Division)

Friends of Antique Cultural Treasures Ltd, R (on the application of) v The Secretary of State for the Department of Environment, Food & Rural Affairs [2020] EWCA Civ 649 (18 May 2020)

High Court (Chancery Division)

Mackay v Wesley [2020] EWHC 1215 (Ch) (18 May 2020)

Patel v Iqbal [2020] EWHC 1174 (Ch) (18 May 2020)

High Court (Commercial Court)

Generali Italia SPA & Ors v Pelagic Fisheries Corporation & Anor [2020] EWHC 1228 (Comm) (18 May 2020)

High Court (Family Division)

AS v CPW [2020] EWHC 1238 (Fam) (18 May 2020)

FX and MJX v CAFCASS Legal [2020] EWHC 1227 (Fam) (18 May 2020)

High Court (Queen’s Bench Division)

National Crime Agency v Leahy & Ors [2020] EWHC 1242 (QB) (18 May 2020)

Depp II v News Group Newspapers Ltd & Anor [2020] EWHC 1237 (QB) (18 May 2020)

Razaq v Zafar [2020] EWHC 1236 (QB) (18 May 2020)

High Court (Technology and Construction Court)

DBE Energy Ltd v Biogas Products Ltd [2020] EWHC 1232 (TCC) (18 May 2020)

Source: www.bailii.org