Special Dispensations: coronavirus puts informal wills back on the agenda – Hardwicke Chambers

Posted June 12th, 2020 in chambers articles, coronavirus, news, probate, wills by sally

‘The exigencies of the coronavirus pandemic, which has led to a high demand for will writing services, and the challenges of meeting that demand whilst observing social distancing, have brought the issue of will reform into sharp focus. At a time when technology provides a solution to so many of the problems that we currently face, the insistence on wet ink and the physical presence of witnesses for the making of a valid will appears increasingly archaic. Citing the dignity and peace of mind that putting one’s affairs in order brings and the urgent need people have to make provision for those they may leave behind, Gina Miller and Baroness Helena Kennedy QC have this month called on the government to extend the provisions relating to privileged (wartime) wills to the current situation so as to allow purely oral testamentary statements to be admitted to probate.’

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Hardwicke Chambers, 3rd June 2020

Source: hardwicke.co.uk

Does the Buck Stop? Legal Liability for Death from Covid-19 – Garden Court Chambers

‘“If the government were an employee of mine I would have sacked them for gross negligence” – so said Anita Astley, manager of Wren Hall nursing home in Nottinghamshire, where 10 residents died from Covid-19 and 48 carers caught the virus in a three week period[1]. Ms Astley’s complaint poses in stark terms a question which has been circulating since the full and devastating extent of the consequences of the pandemic have become clear: what, if any, legal liability does the state have for deaths caused by Covid-19?’

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Garden Court Chambers, 9th June 2020

Source: www.gardencourtchambers.co.uk

Court overturns ‘right to sex’ ruling on man who cannot understand consent – The Guardian

‘The court of appeal has overturned a controversial ruling that a man has a “fundamental right to sex” even though he cannot understand the issue of consent.’

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The Guardian, 11th June 2020

Source: www.theguardian.com

Regulatory Update: The Tobacco Products Directive – 3PB

Posted June 12th, 2020 in chambers articles, EC law, news, practice directions, sale of goods, smoking by sally

‘The Tobacco Products Directive (2014/40/EU) (“the Directive”) came into force on 19 May 2014, becoming applicable in Member States on 20 May 2016. This article provides a brief update on UK product regulation law as applicable from 20 May 2020.’

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3PB, 4th June 2020

Source: www.3pb.co.uk

Equalities watchdog to investigate hostile environment policy – The Guardian

‘The Home Office is being investigated over whether it breached equality law when it introduced the “hostile environment” immigration measures that caused catastrophic consequences for thousands of Windrush generation residents living legally in the UK.’

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The Guardian, 12th June 2020

Source: www.theguardian.com

Capacity, DOLS and Covid-19- Updated Guidance – Doughty Street Chambers

‘The Government has provided additional guidance on looking after those who may lack capacity in the pandemic.’

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Doughty Street Chambers, 11th June 2020

Source: insights.doughtystreet.co.uk

Protesting During a Pandemic: What Are Your Rights? – 3PB

‘The general rule is that everyone has the right to associate with others and to gather together for a common purpose. Article 11 of the ECHR safeguards our right to peaceful assembly and is one of the foundations of a democratic society. This means that the State cannot interfere with your right to join a peaceful assembly and protest, even if the protest is against the State itself, or simply because the protest might cause inconvenience or lead to heated debate and tension. Article 11 does not safeguard intentionally violent protests; the State can interfere where a protest turns violent.’

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3PB, 4th June 2020

Source: www.3pb.co.uk

Guidance from the High Court on adjournments in care proceedings during the COVID-19 pandemic (A Local Authority v Mother and Ors) – 1 GC: Family Law

‘Liz Andrews, barrister at 1|GC Family Law reviews the judgment in A Local Authority v The Mother and others where Williams J was required to determine, in light of the guidance of the President of the Family Division alongside the recent decisions concerning adjournments during the coronavirus (COVID-19) pandemic, whether a fact-finding hearing taking place within long-running care proceedings was to continue following the conclusion of expert evidence and, if so, in what form, or whether the hearing should be adjourned to allow the lay parties to give evidence in person.’

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1 GC: Family Law, 5th June 2020

Source: 1gc.com

Court of Appeal considers the cardinal points for remote hearings during the coronavirus (COVID19) pandemic (Re A (children) and Re B (Children)) – 1 GC: Family Law

‘On consecutive days, the Court of Appeal, which included the President of the Family Division, considered two decisions of the lower courts to conduct remote hearings, Re A in relation to a final hearing as to care and placement orders and Re B regarding an interim care order with a plan for removal. Matthew Fletcher, barrister at 1|GC Family Law, compares and contrasts the two decisions and analyses whether common threads emerge that could assist practitioners in advising clients and making submissions to the court as to whether a case is suitable for a remote hearing.’

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1 GC: Family Law, 4th June 2020

Source: 1gc.com

Courts ‘preparing to fast-track prosecutions for Black Lives Matter protesters’ – Daily Telegraph

‘British courts are preparing to fast-track prosecutions for the Black Lives Matter protests, as justice secretary Robert Buckland has told magistrates to model the process along the lines of the response to rioting in London in 2011, The Times reported.’

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Daily Telegraph, 12th June 2020

Source: www.telegraph.co.uk

Lloyds fined £64m for unfair treatment of mortgage customers – The Guardian

Posted June 12th, 2020 in banking, financial services ombudsman, fines, housing, mortgages, news by sally

‘Lloyds Banking Group has been fined £64m by the City watchdog for failing to treat mortgage customers fairly after they fell into financial difficulty.’

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The Guardian, 11th June 2020

Source: www.theguardian.com

Recent Statutory Instruments – legislation.gov.uk

Posted June 12th, 2020 in legislation by sally

The Civil Procedure (Amendment No. 2) (Coronavirus) Rules 2020

Source: www.legislation.gov.uk

Council wins appeals over reduction of penalties for unlicensed flat rentals – Local Government Lawyer

‘The London Borough of Waltham Forest has won two appeals over reductions made by the First-Tier Tribunal to penalty notices for unlicensed flat rentals.’

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Local Government Lawyer, 11th June 2020

Source: www.localgovernmentlawyer.co.uk

Probation services to return to public control after Grayling disasters – The Guardian

Posted June 12th, 2020 in contracting out, Ministry of Justice, news, police, probation by sally

‘Probation services in England and Wales will be fully restored to public ownership and control, the justice secretary has announced, marking the final nail in the coffin of Chris Grayling’s disastrous privatisation changes.’

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The Guardian, 11th June 2020

Source: www.theguardian.com

BAILII: Recent Decisions

Posted June 12th, 2020 in law reports by sally

High Court (Chancery Division)

Ocado Group Plc & Anor v McKeeve [2020] EWHC 1463 (Ch) (11 June 2020)

Source: www.bailii.org

Detention, Damages and Draft Remedial Orders: a look at the Strasbourg case law behind the proposal to amend the Human Rights Act – UK Human Rights Act

Posted June 12th, 2020 in chambers articles, damages, detention, human rights, news, ultra vires by sally

‘When a provision of legislation is held to be incompatible with a Convention right, a Minister of the Crown “may by order make such amendments to the primary legislation as he considers necessary”. This power to take remedial action, contained within section 10 of the Human Rights Act (HRA), applies when a domestic court finds an incompatibility with the European Convention on Human Rights (ECHR), and also when the Minister considers a provision of legislation incompatible with the Convention “having regard to a finding of the European Court of Human Rights” (ECtHR). A recent draft remedial order laid before Parliament aims to remedy an incompatibility of the latter kind, following the ECtHR’s judgment in Hammerton v United Kingdom no. 6287/10 ECHR 2016. The draft remedial order is of particular interest because it purports to amend the Human Rights Act itself.’

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UK Human Rights Act, 11th June 2020

Source: ukhumanrightsblog.com

Vaccination – No ‘biggie’ but still ‘a big deal’ – Transparency Project

‘Here, in the midst of a public health emergency, is an important Court of Appeal decision about immunisation.’

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Transparency Project, 10th June 2020

Source: www.transparencyproject.org.uk

Universities Investigate Adverts On Channel 4 Show That ‘Dehumanised’ Traveller Community – Each Other

‘Three universities are investigating how their adverts appeared on a Channel 4 documentary accused of “dehumanising” the Traveller community.’

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Each Other, 11th June 2020

Source: eachother.org.uk

Shamima Begum’s UK citizenship should be restored, court told – The Guardian

Posted June 12th, 2020 in appeals, citizenship, government departments, immigration, news, terrorism by sally

‘Shamima Begum, the woman who left Britain as a schoolgirl to join Islamic State, cannot effectively challenge the government’s decision to deprive her of British citizenship while she is in a detention camp in northern Syria, the court of appeal has been told.’

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The Guardian, 11th June 2020

Source: www.theguardian.com

Coronavirus: Police fines for lockdown breaches fall as measures ease – BBC News

Posted June 12th, 2020 in coronavirus, emergency powers, enforcement, fines, news, police, statistics by sally

‘More than 17,000 fines for alleged breaches of coronavirus lockdown laws have been issued in England and Wales.’

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BBC News, 11th June 2020

Source: www.bbc.co.uk