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

Protecting our young – ensuring our future – Counsel

Posted May 18th, 2020 in barristers, coronavirus, courts, health, health & safety, news, young persons by sally

‘Young barristers want to be in court but they do not want this at the expense of their health or the expense of their clients, writes Katherine Duncan.’

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Counsel, May 2020

Source: www.counselmagazine.co.uk

Making defendants state nationality is ‘racialising’ UK courts – report – The Guardian

Posted May 18th, 2020 in courts, criminal justice, disclosure, equality, legal profession, news, race discrimination, statistics by sally

‘The impartiality of the criminal justice system is being undermined by the requirement that defendants declare their nationality at the start of proceedings, a report into the legislation has said.’

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The Guardian, 18th May 2020

Source: www.theguardian.com

Coronavirus: 14,000 lockdown-breach fines imposed – BBC News

Posted May 18th, 2020 in coronavirus, emergency powers, enforcement, fines, freedom of movement, London, news, police, statistics by sally

‘Police in England and Wales have issued more than 14,000 fines for alleged breaches of lockdown laws.’

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BBC News, 15th May 2020

Source: www.bbc.com

Recent Statutory Instruments – legislation.gov.uk

Posted May 18th, 2020 in legislation by sally

The Statutory Sick Pay (Coronavirus) (Funding of Employers’ Liabilities) Regulations 2020

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted May 18th, 2020 in law reports by sally

Court of Appeal (Civil Division)

Mohamed v Breish & Ors [2020] EWCA Civ 637 (15 May 2020)

Moss v Information Commissioner [2020] EWCA Civ 580 (15 May 2020)

ZXC v Bloomberg LP [2020] EWCA Civ 611 (15 May 2020)

Super Max Offshore Holdings v Malhotra [2020] EWCA Civ 641 (15 May 2020)

High Court (Administrative Court)

QX v Secretary of State for the Home Department [2020] EWHC 1221 (Admin) (15 May 2020)

Seton, R (On the Application Of) v Secretary of State for Justice [2020] EWHC 1161 (Admin) (15 May 2020)

High Court (Chancery Division)

Mackay v Wesley [2020] EWHC 1215 (Ch) (18 May 2020)

Christoforou v Christoforou & Anor [2020] EWHC 1196 (Ch) (15 May 2020)

Swan & Ors v Gibbs & Ors [2020] EWHC 1226 (Ch) (15 May 2020)

Rees v 82 Portland Place Investments LLP & Anor [2020] EWHC 1177 (Ch) (15 May 2020)

High Court (Commercial Court)

Daiichi Chuo Kisen Kaisha v Chubb Seguros Brasil SA [2020] EWHC 1223 (Comm) (15 May 2020)

The Public Institution for Social Security v Amouzegar [2020] EWHC 1220 (Comm) (15 May 2020)

Burford Capital Ltd v London Stock Exchange Group Plc [2020] EWHC 1183 (Comm) (15 May 2020)

High Court (Family Division)

A Local Authority v The Mother & Ors [2020] EWHC 1233 (Fam) (15 May 2020)

High Court (Queen’s Bench Division)

Sheianov v Sarner International Ltd [2020] EWHC 1214 (QB) (15 May 2020)

Elu v Floorweald Ltd [2020] EWHC 1222 (QB) (15 May 2020)

Source: www.bailii.org

Redundancy and Coronavirus: Picking up the Pieces – Six Pump Court

Posted May 15th, 2020 in chambers articles, coronavirus, employment, news, redundancy by sally

‘Clearly recent events have had a huge impact on business and substantial changes to the nature and size of workforces is expected which will, unfortunately, require consideration of redundancies.’

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Six Pump Court, 11th May 2020

Source: www.6pumpcourt.co.uk

The Bar in the time of coronavirus – Counsel

Posted May 15th, 2020 in barristers, coronavirus, legal profession, news, remote hearings by sally

‘The Bar… will it ever be the same again? Melanie Tether and Nadia Motraghi analyse some of the immediate challenges – how to assess the suitability of an individual case for a remote hearing; how to ensure full participation of all parties so that cases are dealt with justly, as well as on an equal footing; and how to enable open justice.’

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Counsel, May 2020

Source: www.counselmagazine.co.uk

CPS announces review findings for first 200 cases under coronavirus laws – Crown Prosecution Service

Posted May 15th, 2020 in coronavirus, criminal justice, Crown Prosecution Service, news, statistics by sally

‘Prosecutors have reviewed more than 200 finalised cases under the coronavirus legislation up to the end of April, with any incorrect charges withdrawn and overturned.’

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Crown Prosecution Service, 15th May 2020

Source: www.cps.gov.uk

The Health Protection (Coronavirus, Restrictions) (England) (Amendment) (No. 2) Regulations 2020: An Easing of Restrictions in the Residential Property Market – Falcon Chambers

Posted May 15th, 2020 in chambers articles, coronavirus, housing, news by sally

‘On 13 May 2020, the Health Protection (Coronavirus, Restrictions) (England) (Amendment) (No. 2) Regulations 2020 came into force, signaling a start to the tentative easing of the “lockdown” promised by the Prime Minister in his speech on 10 May 2020.’

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Falcon Chambers, May 2020

Source: www.falcon-chambers.com