Coronavirus: What powers do the police have? – BBC News
‘Boris Johnson has changed the lockdown rules in England, allowing people to spend more time outdoors.’
BBC News, 13th May 2020
Source: www.bbc.co.uk
Leviathan Challenged — the lockdown is compliant with human rights law (Part Two) – UK Human Rights Blog
‘In this article, Dominic Ruck Keene and Henry Tufnell argue that the challengers to the legislation have not shown that the measures adopted by the Government are disproportionate in the circumstances of the pandemic.’
UK Human Rights Blog, 11th May 2020
Source: ukhumanrightsblog.com
Bail in the time of COVID-19 – an update – The 36 Group
‘Two new cases have been published since our last blog post on the issue of bail during the Corona Crisis. They are: Perry v USA (unreported) and Chelsea Football Club Ltd v Nichols [2020] EWHC 827 (QB).’
The 36 Group, 23rd April 2020
Source: 36group.co.uk
Novichok: family of Dawn Sturgess wins first stage of legal challenge – The Guardian
‘The family of Dawn Sturgess, who died in the Wiltshire novichok poisonings, has won the first stage of a legal challenge against a coroner’s decision to limit the scope of her inquest.’
The Guardian, 13th May 2020
Source: www.theguardian.com
Disciplinary and Grievance Procedures During the Coronavirus Pandemic: Guidance from ACAS – Coronavirus Guidance for Lawyers and Businesses
‘ACAS has produced guidance on Disciplinary and grievance procedures during the coronavirus pandemic.’
Coronavirus: Guidance for Lawyers and Businesses, 6th May 2020
BAILII: Recent Decisions
Supreme Court
Adams, R. v (Northern Ireland) [2020] UKSC 19 (13 May 2020)
Court of Appeal (Civil Division)
High Court (Administrative Court)
Reilly v Teaching Regulation Agency & Anor [2020] EWHC 1188 (Admin) (13 May 2020)
Taranenco v Bucharest Secton 1 Court (Romania) [2020] EWHC 1198 (Admin) (13 May 2020)
High Court (Chancery Division)
Yuzu Hair And Beauty Ltd & Anor v Selvathiraviam [2020] EWHC 1209 (Ch) (13 May 2020)
Fafalios & Ors v Apodiacos & Ors [2020] EWHC 1189 (Ch) (13 May 2020)
High Court (Commercial Court)
Plekhanov v Yanchenko [2020] EWHC 1201 (Comm) (13 May 2020)
High Court (Queen’s Bench Division)
Notting Hill Genesis v Ali [2020] EWHC 1194 (QB) (13 May 2020)
Jagger v Holland [2020] EWHC 1197 (QB) (12 May 2020)
Hankin v Barrington & Ors [2020] EWHC 1131 (QB) (07 May 2020)
Sube & Anor v News Group Newspapers Ltd & Anor [2020] EWHC 1125 (QB) (07 May 2020)
High Court (Technology and Construction Court)
Taylor Wimpey UK Ltd v Harron Homes Ltd [2020] EWHC 1190 (TCC) (13 May 2020)
Source: www.bailii.org
Anti-Asian hate crimes up 21% in UK during coronavirus crisis – The Guardian
‘Hate crime directed at south and east Asian communities has increased by 21% during the coronavirus crisis, ministers have told MPs.’
The Guardian, 13th May 2020
Source: www.theguardian.com
National Crime Agency v Baker: Always Wear A Helmet When Cycling, Motorcycling or Jumping to Conclusions – The 36 Group
‘In National Crime Agency v Baker and Others [2020] EWHC 822 (Admin) the High Court discharged three Unexplained Wealth Orders (“UWOs”) and Interim Freezing Orders (“IFOs”) granted in respect of three properties on an ex parte application by the National Crime Agency (“NCA”).’
The 36 Group, 4th May 2020
Source: 36group.co.uk
Disability discrimination claim for failure to make reasonable adjustments? – Rakova v London West Healthcare NHS Trust UKEAT/0043/19/LA – 3PB
‘Employees can often complain where they feel that their managers are not giving them the tools they need to do their jobs efficiently, effectively or productively. How does that situation relate to a disability discrimination claim for failure to make reasonable adjustments? – Rakova v London North West Healthcare NHS Trust UKEAT/0043/19/LA.’
3PB, May 2020
Source: www.3pb.co.uk
Judge denies bias in favour of former school friend – Litigation Futures
‘A judge has rejected a recusal application on the grounds of apparent bias, based on him being in the same class at school as the director of a defendant company more than 45 years ago.’
Litigation Futures, 13th May 2020
Source: www.litigationfutures.com
Charity sends letter before action over regulations relaxing social care protections – Local Government Lawyer
‘Children’s rights charity Article 39 has threatened the Department for Education with legal action if it does not withdraw regulations aimed at assisting the children’s care sector during the COVID-19 crisis.’
Local Government Lawyer, 12th May 2020
Source: www.localgovernmentlawyer.co.uk
Gerry Adams wins appeal against Maze Prison escape convictions – BBC News
‘Gerry Adams has won his appeal to have two convictions for attempting to escape from prison in the 1970s overturned.’
BBC News, 13th May 2020
Source: www.bbc.co.uk
Simon Halliday, Jed Meers, and Joe Tomlinson: Public Attitudes on Compliance with COVID-19 Lockdown Restrictions – UK Constitutional Law Association
‘In March 2020, the government introduced a set of restrictions to ‘lockdown’ the UK in response to the COVID-19 pandemic (The Health Protection (Coronavirus, Restrictions) (England) Regulations 2020; The Health Protection (Coronavirus Restrictions) (Wales) Regulations 2020; The Health Protection (Coronavirus, Restrictions) (England) (Amendment) Regulations 2020). These lockdown restrictions form the central plank of a wide range of government interventions, which to date include the 359-page Coronavirus Act 2020, 61 statutory instruments (emerging from 46 different parent acts), and an even greater amount of policy and guidance. The central purpose of the lockdown restrictions is to protect public health, by both containing the rate of infection and protecting NHS capacity to treat the influx of COVID-19 patients. There has been a lively legal debate about the restrictions—described as ‘almost certainly the most severe restrictions on liberty ever imposed.’ In addition to the legal debate, however, we also need a socio-legal analysis. An examination of how the public understand and experience the lockdown, and the significance of these perceptions for compliance, is essential to developing a clear picture of how the lockdown restrictions are working. Understanding the role of law in society, and not only in strict ‘legal’ terms, has rarely been so important.’
UK Constitutional Law Association, 8th May 2020
Source: ukconstitutionallaw.org
Costs and Exaggeration: Morrow v Shrewsbury RUFC LTD [2020] EWHC 999 (QB) – Park Square Barristers
‘In a case in which fundamental dishonesty or fraud has not been found but, there has been a significant level of exaggeration, will the court reduce an award of costs? The answer, of course, is considering CPR Part 44: yes… possibly.’
Park Square Barristers, 5th May 2020
Source: www.parksquarebarristers.co.uk
Courts should consider coronavirus emergency when sentencing, rules Court of Appeal – UK Human Rights Blog
‘On 30 April 2019, giving the lead judgment in the Court of Appeal, the Lord Chief Justice considered that the impact of a custodial sentence is likely to be heavier during the coronavirus pandemic than it would otherwise be, and that this was a factor that judges and magistrates can and should keep in mind when sentencing.’
UK Human Rights Blog, 12th May 2020
Source: ukhumanrightsblog.com
Judge explains himself in writing after phone hearing fails – Legal Futures
‘A High Court judge has been forced to issue a detailed judgment in writing because his voice was “breaking up” at the end of a telephone hearing with a litigant in person (LiP) and the law firm suing her for fees.’
Legal Futures, 13th May 2020
Source: www.legalfutures.co.uk
Court of Appeal rejects challenge over lawfulness of PD51Z staying possession proceedings: report – Local Government Lawyer
‘The Court of Appeal has upheld the lawfulness of Practice Direction 51Z, the Housing Law Practitioners Association (HLPA) has reported.’
Local Government Lawyer, 12th May 2020
Source: www.localgovernmentlawyer.co.uk
Employment Tribunals in the pandemic: The Presidential Guidance, the reality, and the future – 3PB
‘The Presidential Guidance issued in connection with the conduct of Employment Tribunal proceedings during the COVID-19 pandemic was effective from 18th March 2020.’
3PB, 4th May 2020
Source: www.3pb.co.uk
Benefit claimants unlawfully short-changed, court rules – The Guardian
‘The government acted unlawfully when it refused to compensate two low-income households left up to £180 a month out of pocket when their legacy benefits were wrongly stopped and they had no choice but to move on to universal credit, the appeal court has ruled.’
The Guardian, 12th May 2020
Source: www.theguardian.com
