COVID-19, Care Homes and Contact: BP v Surrey County Council & RP – Pump Court Chambers

Posted May 18th, 2020 in care homes, chambers articles, coronavirus, Court of Protection, elderly, families, news by sally

‘On 2 April 2020 Hayden J handed down a judgment dated 25 March 2020 in the case of BP v Surrey County council & RP [2020] EWCOP 17 concerning the suspension of contact in a care home during the COVID-19 pandemic. This was followed by a further written judgment dated 17 April 2020 which serves to clarify the reported judgment in relation to the law of derogation: BP v Surrey County Council & RP [2020] EWCOP 22.’

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Pump Court Chambers, 14th May 2020

Source: www.pumpcourtchambers.com

Public Funds Part 1: Public Funds and Coronavirus – Richmond Chambers

Posted May 18th, 2020 in benefits, chambers articles, coronavirus, government departments, human rights, immigration, news by sally

‘No Recourse to Public Funds (NRPF) is a condition imposed on an individual’s immigration status in the UK, which prevents them from accessing certain benefits and forms of support. This continues to cause concern and particularly more so now for those whose income has been impacted by the Covid-19 pandemic. This article will form part of a series of 3 articles on public funds and the recent developments in light of the Coronavirus outbreak.’

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Richmond Chambers, 15th May 2020

Source: immigrationbarrister.co.uk

Personal Protective Equipment and Liability – Thomas More Chambers

Posted May 18th, 2020 in care homes, chambers articles, coronavirus, emergency services, employment, health, health & safety, news by sally

‘Prior to the impact of the Covid19 pandemic, the issue of personal protective equipment (“PPE”) at work was a niche health and safety topic for specialists in the field. Today it dominates the media, with report after report of inadequate provision of PPE on the frontline, in hospitals, care homes and other essential places of work.’

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Thomas More Chambers, 13th May 2020

Source: www.thomasmore.co.uk

Ronan Cormacain: Can I go to the park please Dad? Everyday lessons in legal certainty in the English Coronavirus Regulations – UK Constitutional Law Association

Posted May 18th, 2020 in constitutional law, coronavirus, emergency powers, freedom of movement, news, rule of law by sally

‘This post analyses the changes made on 13 May 2020 to the coronavirus social distancing regulations for England. The criterion for analysis is the basic Rule of Law requirement of legal certainty. Certainty allows us to plan our actions, lets the police know what it is they should be enforcing, and most importantly stops us from inadvertently breaking the law. The very limited case-study is the question posed in many households today – can I go to the park please Dad?’

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UK Constitutional Law Association, 15th May 2020

Source: ukconstitutionallaw.org

The implications for UK financial institutions and the FCA resulting from the EBA’s Report on Inquiry into Cum-Ex – 5SAH

Posted May 18th, 2020 in banking, chambers articles, financial regulation, financial services ombudsman, inquiries, news by sally

‘The European Banking Authority’s long-awaited inquiry into dividend arbitrage trading schemes (“Cum-Ex/Cum-Cum”) and 10-point action plan to enhance the future regulatory framework – what are the implications for UK financial institutions and the Financial Conduct Authority?’

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5SAH, 13th May 2020

Source: www.5sah.co.uk

Should Final Hearing continue remotely? Judgment of Lieven J [2020] EWHC 1086 (Fam) – Broadway House Chambers

Posted May 18th, 2020 in care orders, chambers articles, child cruelty, children, coronavirus, families, family courts, news, remote hearings by sally

‘ The case deals with whether to proceed with lay evidence remotely or to adjourn part heard having heard the medical evidence over a period of 5 days via Zoom. The case concerns an application for a care order for a 4 year child. In April 2019, his two month old sister died at home. The post mortem established that his sister had sustained 65 fractures to her body as well as brain injuries. As a result the child was made the subject of an interim care order in April 2019.’

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Broadway House Chambers, 14th May 2020

Source: broadwayhouse.co.uk

QC says judge should have recused himself in school friend case – Litigation Futures

Posted May 18th, 2020 in barristers, bias, judges, news, recusal by sally

‘Leading QC Dinah Rose has questioned the decision of a judge not to recuse himself from hearing a case where he had been at school with the director of a defendant company more than 45 years ago.’

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Litigation Futures, 14th May 2020

Source: www.litigationfutures.com

Do our buildings make us? Covid-19 and the courts reforms – Counsel

Posted May 18th, 2020 in coronavirus, courts, news, remote hearings by sally

‘Are our courts just buildings or something more? What role does the physical courtroom play? Rapid steps towards remote hearings today, while essential during the pandemic, could also inform future decisions on court closures warns Lorna Cameron.’

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Counsel, May 2020

Source: www.counselmagazine.co.uk

Practice – Mail’s Strikeout Application – NIPC Law

Posted May 18th, 2020 in chambers articles, copyright, damages, data protection, media, news, privacy by sally

‘This was an application by the publisher of the Mail on Sunday and the Mail Online to strike out certain allegations contained in the particulars of claim and further information of the Duchess of Sussex and later the reply in an action that she has brought against the publisher for copyright infringement, misuse of private information and infringement of her rights under the General Data Protection Regulation. The complaint arises from the newspaper’s publication of a letter from the duchess to her father on 10 Feb 2019.’

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NIPC Law, 17th May 2020

Source: nipclaw.blogspot.com

Interpol Red Notice issued against Anne Sacoolas – is prosecution in the UK possible? – 5SAH

Posted May 18th, 2020 in chambers articles, dangerous driving, diplomats, extradition, immunity, international law, news, prosecutions, unlawful killing by sally

‘Last December, Anne Sacoolas was charged with causing death by dangerous driving following a road traffic accident in which 19-year-old Harry Dunn lost his life. It is alleged that she was driving on the wrong side of the road at the time. Mrs Sacoolas’ husband was employed in some official capacity at a United States Air Force communication station based at RAF Croughton.’

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5SAH, 13th May 2020

Source: www.5sah.co.uk

An Act for the App? Is the NHS contact app bad for your privacy? – Doughty Street Chambers

Posted May 18th, 2020 in bills, chambers articles, computer programs, coronavirus, data protection, human rights, news, privacy, select committees by sally

‘Following the publication last week by the Joint Committee on Human Rights of its report on the proposed NHS App and the risk of adverse effects on privacy and human rights, the Committee has drafted a Bill – the Digital Contact Tracing (Data Protection Bill) – and sent it to the Health Secretary, Matt Hancock.’

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Doughty Street Chambers, 12th May 2020

Source: insights.doughtystreet.co.uk

Wills in the time of coronavirus: law reform, statutory dispensing powers and a receipe for chili sauce – Hardwicke Chambers

Posted May 18th, 2020 in chambers articles, coronavirus, news, wills by sally

‘The Law Society and the Ministry of Justice are understood to be continuing to discuss possible solutions to the difficulties of making wills during the coronavirus pandemic. Although lockdown measures are starting to loosen, concerns about the risks posed by face to face meetings and home visits are likely to persist for some time and the needs of people who are shielding, in hospital, or living in residential care, present a particular challenge when it comes to the process of making and attesting a Will.’

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Hardwicke Chambers, 15th May 2020

Source: hardwicke.co.uk

First update on collective consultation: defining the triggers – Littleton Chambers

Posted May 18th, 2020 in chambers articles, company law, consultations, coronavirus, employment, news, redundancy by sally

‘In the first of what is planned to be five updates on collective consultation under the shadow of the coronavirus pandemic, David Reade QC and Daniel Northall examine the employer’s proposal for redundancy and the start of collective consultation.’

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Littleton Chambers, 11th May 2020

Source: littletonchambers.com

Inconsistent sentencing of Defendants in cases where sexual activity against children does not actually take place – Park Square Barristers

Posted May 18th, 2020 in appeals, chambers articles, child abuse, children, news, sentencing, sexual offences, victims by sally

‘This comment focuses upon two recent Court of Appeal judgments:

R v Privett [2020] EWCA Crim 557 (“Privett”); and R v Manning [2020] EWCA Crim 592 (“Manning”).’

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Park Square Barristers, 12th May 2020

Source: www.parksquarebarristers.co.uk

Contact tracing – breach of data protection? – UK Human Rights Blog

Posted May 18th, 2020 in chambers articles, computer programs, coronavirus, data protection, human rights, news, privacy by sally

‘In the rush to lift the lockdown with safeguards, the government has given a green light to “contact tracing” via bluetooth apps on our smartphones (provided we own them and are willling to take up the app).’

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UK Human Rights Blog, 15th May 20202

Source: ukhumanrightsblog.com

ZXC v Bloomberg: privacy expectations about criminal investigations – Panopticon

Posted May 18th, 2020 in appeals, chambers articles, disclosure, freedom of expression, injunctions, media, news, police, privacy by sally

‘The Court of Appeal has today given judgment in the long-running ZXC v Bloomberg litigation ([2020] EWCA Civ 611). The key points:

1. In general, a person does have a reasonable expectation of privacy about the fact that/details of their being subject to a police investigation, up to the point of charge.
2. Reporting about alleged conduct is different from reporting about a criminal investigation into that conduct.’

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Panopticon, 15th May 2020

Source: panopticonblog.com

Government faces legal action over refusal to publish Sage minutes – The Guardian

Posted May 18th, 2020 in coronavirus, disclosure, emergency powers, freedom of movement, government departments, judicial review, news, ultra vires by sally

‘A millionaire businessman is launching legal action against the government after it refused to disclose minutes of the Sage meetings that informed its decision to impose the coronavirus lockdown.’

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The Guardian, 16th May 2020

Source: www.theguardian.com

Covid-19 and Suspended Sentences – A Court of Appeal Judgment: R v Christopher Manning [2020] EWCA Crim 592 – St Philips Barristers

Posted May 18th, 2020 in appeals, chambers articles, coronavirus, criminal justice, news, prisons, sentencing, suspended sentences by sally

‘While the Lord Chief Justice and the Lord Chancellor have announced that jury trials will commence this month, we are far from the pandemic’s conclusion. This fear is felt all the more by defendants facing sentencing hearings. Regardless of whether an offence was committed prior to the crisis, or in the currency, it does not change the new threat that an immediate custodial sentence brings – one of health.’

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St Philips Barristers, 13th May 2020

Source: st-philips.com

Presence of shielding QC at in-person hearing “not essential” – Legal Futures

Posted May 18th, 2020 in barristers, coronavirus, families, family courts, health, health & safety, news, remote hearings by sally

‘The physical presence in a sensitive family case of leading counsel shielding from Covid-19 was desirable but “not essential”, a High Court judge has ruled in ordering an in-person hearing.’

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Legal Futures, 18th May 2020

Source: www.legalfutures.co.uk

The Service Justice System under question regarding the continuation of the jurisdiction to investigate and conduct trials in serious sexual assault and rape cases – Thomas More Chambers

Posted May 18th, 2020 in armed forces, chambers articles, courts martial, criminal justice, jurisdiction, news, rape, sexual offences by sally

‘The Centre for Military Justice, acting on behalf of three female service personnel has sent a pre – action protocol letter to the Ministry of Defence with regard to three cases which the service justice system (SJS) has conducted and their assertion appears to be that these victims were discriminated against. The Ministry of Defence (MOD) response is due this week. We have not seen the letter nor do we expect to see the response. The Centre for Military Justice stating publicly that by the end of the month they will issue proceedings in the High Court for Judicial Review (JR) citing action for discrimination under both the Human Rights Act and Equality Act. We await sight of the claim and then the defence.’

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Thomas More Chambers, 14th May 2020

Source: www.thomasmore.co.uk