Specific Issue Order for Vaccination-including COVID-19: M v H (Private Law Vaccination) [2020] EWFC 93 (15 December 2020) – Parklane Plowden Chambers

Posted February 25th, 2021 in children, coronavirus, expert witnesses, human rights, news, parental responsibility, vaccination by sally

‘This hearing before MacDonald J was part of a wider private law dispute between parents regarding the children (P aged 6 and T aged 4) spending time with their father. A finding of fact hearing had already taken place, with a final hearing listed to commence on 21 December 2020. The original application from the father included a specific issue order, initially on MMR vaccination. This was then amended to vaccination in accordance with the NHS vaccination schedule.’

Full Story

Parklane Plowden Chambers, 24th February 2021

Source: www.parklaneplowden.co.uk

The pitfalls of relying on s21 during the pandemic – St Ives Chambers

Posted February 25th, 2021 in coronavirus, news, regulations, repossession, statutory interpretation, stay of execution by sally

‘Master Dagnall gave judgment in the case of Corp of Trinity House of Deptford Strond v (1) Dequincy Prescott (2) Clodagh Byrne on 11 February 2021 [2021] EWHC 283 (QB) which considered several issues regarding the pandemic and possession proceedings which are worthy of note as the stay on evictions has again been extended.’

Full Story

St Ives Chambers, February 2021

Source: www.stiveschambers.co.uk

Discretionary Life Sentences – Setting the minimum term – ½ or 2/3 of the notional determinate sentence – Doughty Street Chambers

Posted February 25th, 2021 in attorney general, dangerous offenders, news, sentencing, terrorism by sally

‘James Wood QC discusses recent sentence appeals on minimum terms in discretionary life sentences. He assesses the likely impact of the recent statutory changes increasing the minimum term to be served by some prisoners serving determinate sentences from ½ to 2/3. He identifies prosecutorial appeals to increase minimum terms in discretionary life sentences by the Attorney General, and warns that the judicial and statutory drift appears to be towards a similar lengthening from ½ to 2/3 of the minimum term to be served by those sentenced to discretionary life sentences on grounds of dangerousness.’

Full Story

Doughty Street Chambers, 24th February 2021

Source: insights.doughtystreet.co.uk

Judgment in Good Law Project JR on publication of Covid-19 procurement notices – Monckton Chambers

Posted February 25th, 2021 in contracts, coronavirus, judicial review, locus standi, news, public interest, public procurement by sally

‘This is the first in a series of procurement law judicial review (JR) cases relating to Covid-19 brought by the Good Law Project (GLP) to have reached the judgment stage. The case concerned the (non)publication of contract award notices (CANs) within 30 days under regulation 50 Public Contracts Regulations 2015 (PCR) and of other contract notices and materials within 20 or 90 days under relevant transparency policies.’

Full Story

Monckton Chambers, 19th February 2021

Source: www.monckton.com

Has the pandemic changed the way in which future jury trials may be conducted? – KCH Garden Square

Posted February 25th, 2021 in coronavirus, criminal justice, juries, news, remote hearings by sally

‘As anyone immersed in, or interested in, the Criminal Justice System will know, when the first lockdown was announced back in March 2020, in person attendance at court buildings almost ground to a halt. This inevitably meant that all jury trials were suspended, and serious thought had to be given as to how they could safely resume in the future. Social distancing rules and the concern of causing covid outbreaks meant that the reintroduction of jury trials was slow, but by July 2020 and through the introduction of Perspex screens in between jurors and the relaxation of some of the lockdown restrictions, they slowly started to return to barristers’ diaries across the country.’

Full Story

KCH Garden Square, 18th February 2021

Source: kchgardensquare.co.uk

Mistaken Payments and Mistakes of Law under the Limitation Act 1980 – Hardwicke Chambers

Posted February 25th, 2021 in corporation tax, limitations, mistake, news, subsidiary companies by sally

‘The FII Group Litigation (‘FII’) was established by an Order made on 8 October 2003 with the purpose of determining common or related questions of law arising out of the tax treatment of dividends received by UK resident companies from non-resident subsidiaries. The Test Claimants’ basic allegation was that their tax treatment (under domestic legislation long-since repealed), as compared to that of wholly-resident UK companies, breached TFEU provisions on freedom of establishment and free movement of capital. The Test Claimants therefore sought repayment of tax paid insofar as it was unlawful under EU law; in some cases, dating back to the UK’s accession in 1973.’

Full Story

Hardwicke Chambers, 24th February 2021

Source: hardwicke.co.uk

Uber BV v Aslam and Others – Old Square Chambers

Posted February 25th, 2021 in compensation, holiday pay, minimum wage, news, self-employment, Supreme Court, taxis by sally

‘In a landmark judgment which will have wide-ranging implications for workers and employers in the gig economy, the Supreme Court has upheld an employment tribunal’s decision that Uber drivers were workers and therefore entitled to the minimum wage, statutory annual leave and protection from detriment under the Employment Rights Act 1996.’

Full Story

Old Square Chambers, 19th February 2021

Source: oldsquare.co.uk

Domestic Abuse Bill – What does it mean for victims of domestic abuse in the family courts? – Garden Court Chambers

Posted February 25th, 2021 in bills, domestic violence, family courts, news, victims by sally

‘In the year ending March 2019, an estimated 2.4 million adults aged 16 to 74 years experienced domestic abuse in the last year (1.6 million women and 786,000 men). The government was elected with a manifesto commitment to pass the Domestic Abuse Bill, which passed the House of Commons in July 2020, and is set to become law once it has passed through the House of Lords.’

Full Story

Garden Court Chambers, 24th February 2021

Source: www.gardencourtchambers.co.uk

Mischief Wrought by Stephen Sedley – London Review of Books

Posted February 25th, 2021 in compensation, health & safety, human rights, news by sally

‘The​ United Kingdom has in recent years been blighted by a compensation culture generated by health and safety legislation and human rights laws and promoted by well-paid legal aid lawyers and credulous judges. We know these to be facts because newspapers and electronic media have exposed them fearlessly. David Cameron, when he was prime minister, was so concerned about the situation that he appointed the veteran Tory politician and entrepreneur Lord Young to report on the state of health and safety legislation and “the rise of the compensation culture over the last decade”. Young reported that the problem, fuelled as it was by media stories, was “one of perception rather than reality”. Nothing daunted, the prime minister wrote in his foreword to the report: “A damaging compensation culture has arisen …”‘

Full Story

London Review of Books, 4th March 2021

Source: www.lrb.co.uk

Inside a domestic violence call centre – BBC News

Posted February 25th, 2021 in charities, coronavirus, domestic violence, news, victims by sally

‘A major charity working with victims of domestic abuse says calls to their 24-hour helpline increased by more than 50 per cent in the year of the pandemic.’

Full Story

BBC News, 24th February 2021

Source: www.bbc.co.uk

Today in Focus Podcast: Freshwater – The Guardian

Posted February 25th, 2021 in appeals, drug offences, news, podcasts by sally

‘Today [23 February], the Freshwater Five case is in front of the court of appeal after the disclosure of new evidence that the defence says points to the men’s conviction being unsafe. Why has it taken a decade to get to this point?’

Full Story

The Guardian, 23rd February 2021

Source: www.theguardian.com

Court of Appeal upholds rejection of CAAD appeal but rules Upper Tribunal did not have power to make costs order – Local Government Lawyer

Posted February 25th, 2021 in compulsory purchase, costs, local government, news, planning, tribunals by sally

‘The Upper Tribunal did not have the power to make a costs order in a dispute over a certificate of appropriate alternative development (CAAD), the Court of Appeal has found.’

Full Story

Local Government Lawyer, 25th February 2021

Source: www.localgovernmentlawyer.co.uk

Police officer struck boy in custody across the face – BBC News

Posted February 25th, 2021 in assault, children, news, police, sentencing by sally

‘A police officer has been found guilty of battery after he struck a child who was in custody in the face.’

Full Story

BBC News, 24th February 2021

Source: www.bbc.co.uk

Judges overturn conviction for refusal to give name and address in case of suspected Covid regulations breach – Local Government Lawyer

Posted February 25th, 2021 in coronavirus, human rights, identification, news, regulations by sally

‘The Administrative Court has ruled that a man was entitled to refuse to give his name and address to a police officer who wanted to issue a fixed penalty notice for breach of lockdown regulations.’

Full Story

Local Government Lawyer, 24th February 2021

Source: www.localgovernmentlawyer.co.uk

Failure to enact public duty law ‘has worsened England inequality in pandemic’ – The Guardian

Posted February 25th, 2021 in coronavirus, equality, news, statutory duty by sally

‘The failure of successive governments to enact part of the Equality Act, which would have imposed a duty to address socio-economic disadvantage, has exacerbated inequalities in England during the coronavirus pandemic, a thinktank has claimed.’

Full Story

The Guardian, 24th February 2021

Source: www.theguardian.com

Skewen: Coal Authority ‘not liable’ for mine flood damage – BBC News

Posted February 25th, 2021 in compensation, news, Wales, water by sally

‘People flooded out of their homes after a mine blow-out say it is “disgusting” the Coal Authority is refusing to accept liability for the damage caused.’

Full Story

BBC News, 25th February 2021

Source: www.bbc.co.uk

Climate change “could transform legal profession” – Legal Futures

Posted February 25th, 2021 in choice of forum, climate change, disclosure, environmental protection, legal profession, legal services, news, reports by sally

‘Helping clients cope with the repercussions of climate change could transform the legal profession, a Law Society report has predicted, as lawyers focus on “proactive risk management advice”, knowledge of numerous legal frameworks and “out-of-the-box thinking”.’

Full Story

Legal Futures, 25th February 2021

Source: www.legalfutures.co.uk

Welsh watchdog criticises lack of action since home-school scurvy death – The Guardian

Posted February 25th, 2021 in children, education, health, news, Wales by sally

‘The Welsh government is failing in its legal duty to protect the rights of home-educated children a decade after a boy who was being taught by his parents slipped under the radar of education and health officials and died of scurvy, an official report has concluded.’

Full Story

The Guardian, 25th February 2021

Source: www.theguardian.com

The Human Rights Act, 1998 – Oxford Human Rights Hub

Posted February 25th, 2021 in bills, human rights, news by sally

‘A striking feature of the history of Europe since the ending of WW II has been the origin, development, application and enforcement of the international movement for the protection of human rights. That movement has become a vital part of the government of the continent of Europe; it has affected both the larger and smaller states, and brought together states which were enemies in WWII, or were opposed to each other in the Cold War before the fall of the Berlin wall and the ending of communism in many European states.’

Full Story

Oxford Human Rights Hub, 24th February 2021

Source: ohrh.law.ox.ac.uk

Landlords win appeals over “unfair” FTT proceedings where – in absence of hearing – criminal offences found to have been committed – Local Government Lawyer

Posted February 25th, 2021 in health & safety, houses in multiple occupation, news, penalties, rent, repayment, standard of proof by sally

‘Three private landlords have won appeals at the Upper Tribunal (Lands Chamber) over whether the criminal standard of proof was met in rent disputes at the First Tier Tribunal (FTT).’

Full Story

Local Government Lawyer, 25th February 2021

Source: www.localgovernmentlawyer.co.uk