‘Welcome to the April issue of Spire Barristers’ Public Law Newsletter covering news from around the web, practice updates and case reviews in Court of Protection and Public Law matters.’
Spire Barristers, 20th April 2020
Source: spirebarristers.co.uk
‘Practice Direction 51Z, which came into force on 27 March 2020, has imposed a general 90-day stay on new and current Part 55 possession proceedings with (as of 20 April 2020) limited exceptions in a new paragraph 2A.’
St Philips Chambers, 22nd April 2020
Source: st-philips.com
‘The Coronavirus job Retention Scheme guidance was updated on 15 and, in particular, 17 April 2020. This article identifies the most important updates and, where necessary, explains them.’
Thomas More Chambers, 20th April 2020
Source: www.thomasmore.co.uk
‘Notably, the Court of Appeal agreed with the High Court’s view that the scheme does result in landlords discriminating against tenants without British passports on the basis of their actual or perceived nationality. However, the Court held that this discrimination was justified.’
UK Human Rights Blog, 22nd April 2020
Source: ukhumanrightsblog.com
‘The furlough scheme should be extended for property businesses, like conveyancers, where income required to pay staff will not be available for months after work is undertaken once lockdown is lifted, the government has been told.’
Legal Futures, 23rd April 2020
Source: www.legalfutures.co.uk
‘In a judgment dated 17th April 2020 in Re Debenhams Retail Limited (in administration) [2020] EWHC 921 (Ch), Trower J determined an application for directions by the joint administrators of Debenhams which concerned the impact of the application of the Government’s Coronavirus Job Retention Scheme in administrations and the recent decision of Snowden J in Re Carluccio’s Limited (in administration) [2020] EWHC 886 (Ch). Matthew Weaver considers Trower J’s judgment and its implications in this briefing.’
Radcliffe Chambers, 21st April 2020
Source: radcliffechambers.com
‘Whilst the civil courts adapt at short notice to working, by and large, remotely, invariably some hearings will continue for the foreseeable future to be adjourned to dates as yet unknown. In the circumstances, it might seem inevitable, or at least tempting (especially when many parties and their solicitors are faced with the difficulties associated with unexpectedly having to work from home at the same time as home schooling children), simply to wait on the court.’
Park Square Barristers, 22nd April 2020
Source: www.parksquarebarristers.co.uk
‘It should be noted from the outset that Snowden J’s judgment in Re Carluccio’s is not binding. There were no representative employees or interested parties during the remote video hearing so the judgment does not bind the employees or the government.’
Pump Court Chambers, 22nd April 2020
Source: www.pumpcourtchambers.com
‘Trainee solicitors will be able to qualify without first completing the professional skills course (PSC) because of the Covid-19 outbreak, the Solicitors Regulation Authority (SRA) has decided.’
Legal Futures, 24th April 2020
Source: www.legalfutures.co.uk
‘Unfortunately, for both pub tenants and pub landlords, under regulation 4 of the Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 (“the Emergency Regulations”), a person responsible for running a pub (amongst various other types of business) must close any premises (or part thereof) in which food and drink are sold for consumption on those premises during the emergency period defined in regulation 3. Any customers would also breach regulation 6 by leaving the place they were living without reasonable excuse.’
Falcon Chambers, April 2020
Source: www.falcon-chambers.com
‘The Equality and Human Rights Commission (EHCR) has called on the government to take action to reduce the risk of disabled people being wrongly convicted because of video hearings in criminal cases.’
Legal Futures, 24th April 2020
Source: www.legalfutures.co.uk
‘It is no secret that Covid-19 is placing huge strain on the NHS, with ramifications across all parts of an already stretched organisation. Hospitals nationwide have been told to prepare for a tsunami of patients demanding very high levels of care. They are having to do so while facing staff shortages and worries over the supply of essential equipment. In an effort to cope, retired doctors and not-yet-fully qualified doctors have been drafted in. In such circumstances, it is inevitable that accidents will happen and errors will be made. Once all of this is over, it is a regrettable fact that litigation will ensue. Will the law step up to protect the professionals who have done so much to save lives and ready the nation for the post-corona world? This short article argues that it can and should, most obviously by recognising that desperate circumstances should be reflected in the standard of care applied to hospitals and medical professionals working in response to Covid-19.’
39 Essex Chambers, 22nd April 2020
Source: www.39essex.com
‘The Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 and the similar (but not identical) regulations made in the other 3 nations of the UK (together, “the ‘Lockdown’ Regulations”) have been suggested by some to be unlawful (being ultra vires their parent statute) insofar as they purport to criminalise all those leaving the places where they are living, as opposed to merely those who may be infected. This blog examines the main arguments and explains the legal consequences if those arguments are right.’
UK Police Law Blog, 23rd April 2020
Source: ukpolicelawblog.com
‘Justices in Staffordshire were right to conclude that on the proper construction of section 43 of the Anti-Social Behaviour, Crime and Policing Act 2014, a council had no power to issue a Community Protection Notice (“CPN”) in the name of a mother concerning the conduct of her child, the Divisional Court has ruled.’
Local Government Lawyer, 22nd April 2020
Source: www.localgovernmentlawyer.co.uk
‘Gary Cowen QC considers a recent decision of the First Tier Tribunal (Land Registration) on adverse possession claims to unregistered land based on the collection of rent for a period of twelve years.’
Falcon Chambers, April 2020
Source: www.falcon-chambers.com
‘Re P (A Child: Remote Hearing) (Rev 3) [2020] EWFC 32 is a decision of the President of the Family Division and Head of Family Justice, Sir Andrew McFarlane, about whether or not a 15 day trial should go ahead remotely. The trial was set down within care proceedings to determine very serious allegations that the mother had harmed her seven-year-old daughter by fabricating or inducing illness (known in the trade as FII).’
Transparency Project, 23rd April 2020
Source: www.transparencyproject.org.uk
‘What is your life worth? If you get Covid19, what criteria do you want clinicians to apply when triaging your case? Choices on withholding treatment have become starkly real in the Covid19 emergency. Such choices should be made on a basis respecting the dignity of the individual patient and not based on stereotypes relating to age or disability. The emergent guidance is not clear on these issues.’
Cloisters, 22nd April 2020
Source: www.cloisters.com
‘This paper contributes a combined human rights perspective and an infection prevention and control perspective to the COVID-19 situation in long-term care homes in the UK.’
Doughty Street Chambers, 21st April 2020
Source: insights.doughtystreet.co.uk
‘A man has been jailed after a string of assaults in one day which, officers say, culminated in him smearing his own faeces across a police cell.’
BBC News, 23rd April 2020
Source: www.bbc.co.uk
‘The Court of Appeal (Davis, Henderson and Hickinbottom LJJ) has today [21 April] handed down judgment in this case. It has allowed the Secretary of State’s appeal against the High Court’s conclusion that the “right to rent” scheme, set out in sections 20-37 of the Immigration Act 2014, is incompatible with Article 14 ECHR (read with Article 8).’
Blackstone Chambers, 21st April 2020
Source: www.blackstonechambers.com
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