‘Whether a case proceeds by remote hearing must be decided on the sometimes competing factors of the individual case. However, pushing forward to achieve remote hearings must not be at the expense of a fair and just process. The decision of the President distils a number of key principles to be borne in mind. Just because a matter can be heard remotely does not mean it must be. In this case the delay in proceedings was outweighed by the fact that the hearing could not be properly or fairly conducted without the physical presence of the mother before the judge in the courtroom. As a result of that decision, the President re-listed the matter until such time that the restrictions relating to Covid-19 are lifted.’
Park Square Barristers, 14th May 2020
Source: www.parksquarebarristers.co.uk
‘The Grenfell Tower Inquiry will not resume until July at the earliest, organisers have said.’
BBC News, 19th May 2020
Source: www.bbc.co.uk
‘Terrorism suspects who have not been convicted of any offence face expanded and potentially never-ending measures to control their lives under proposed counter-terrorism laws unveiled by the UK government.’
The Guardian, 20th May 2020
Source: www.theguardian.com
‘The first Justice of the Supreme Court to be appointed direct from academia, Professor Andrew Burrows, will be sworn in at a closed ceremony on 2 June, it has been announced.’
Local Government Lawyer, 19th May 2020
Source: www.localgovernmentlawyer.co.uk
‘Shortcomings and legal anachronisms: how can we achieve best evidence if current guidance is dangerously out of date on the law on special measures? asks Laura Hoyano.’
Counsel, May 2020
Source: www.counselmagazine.co.uk
‘Up to 1,500 primary schools in England are expected to remain closed on 1 June after a rebellion by at least 18 councils forced the government to say it had no plans to sanction them.’
The Guardian, 19th May 2020
Source: www.theguardian.com
‘The Financial Conduct Authority (FCA) has instructed City giant Herbert Smith Freehills for the test cases it intends to run on whether business interruption (BI) insurance covers the coronavirus pandemic.’
Litigation Futures, 18th May 2020
Source: www.litigationfutures.com
‘Nearly 9m attempts to access child sexual abuse material online were made in the UK last month during the coronavirus lockdown, according to an internet watchdog.’
The Guardian, 20th May 2020
Source: www.theguardian.com
‘The county court has responded rapidly to the sudden and unprecedented change to its working practices. However, the move to remote hearings has brought a marked decline in the retention of existing listings. Many litigants have found their hearings adjourned by the court even when those hearings were, on the face of it, suitable for hearing remotely.’
3PB, 12th May 2020
Source: www.3pb.co.uk
‘Within the Youth Court the principles of parental engagement, involvement and where necessary responsibility are all well-established.’
Broadway House Chambers, 11th May 2020
Source: broadwayhouse.co.uk
‘Notwithstanding the seriousness of the coronavirus (COVID-19) pandemic and a global effort to fight the same, some individuals have taken it upon themselves to exacerbate the horror of the virus by spitting at others, purporting to have coronavirus. The Criminal Justice System is sadly accustomed to dealing with offences that involve threats to spread disease via bodily fluids; these offenders are often seeking to cause psychological terror and harm, rather than physical harm. However in circumstances such as this, the immediate psychological fear caused by the concern that the victim may have contracted the virus, may then be sadly outweighed by the pain and suffering of contracting the virus and subsequent death.’
Church Court Chambers, May 2020
Source: churchcourtchambers.co.uk
‘There has been a determined effort by Ministers and much of government to keep the planning system going during the coronavirus crisis. The ability to carry out development is one of the means of maintaining jobs and restoring the economy as the country comes out of lockdown.’
39 Essex Chambers, 14th May 2020
Source: www.39essex.com
‘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.’
Blackstone Chambers, 14th May 2020
‘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.’
Cloisters, 12th May 2020
Source: www.cloisters.com
‘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.’
UK Human Rights Blog, 19th May 2020
Source: ukhumanrightsblog.com
‘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.’
Littleton Chambers, 11th May 2020
Source: littletonchambers.com
‘With the scheme going live on 13 May 2020, Giles Powell and Conor Kennedy consider the SEISS and its effects.’
Old Square Chambers, 12th May 2020
Source: www.oldsquare.co.uk
‘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.’
5SAH, 12th May 2020
Source: www.5sah.co.uk
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