Anti-Social Behaviour During Lockdown – Thomas More Chambers

Posted May 5th, 2020 in anti-social behaviour, complaints, coronavirus, landlord & tenant, news by sally

‘Since the Government imposed numerous restrictions on day to day life in order to tackle the COVID-19 pandemic, it is anticipated that anti-social behaviour (ASB) complaints may be more frequent then they might have been prior to the lockdown implementation. This article explores, in brief, the options available to private landlords during the time of the COVID-19 restrictions.’

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Thomas More Chambers, 26th April 2020

Source: www.thomasmore.co.uk

BAILII: Recent Decisions

Posted May 5th, 2020 in law reports by sally

High Court (Chancery Division)

Brake & Ors v Swift & Ors [2020] EWHC 1071 (Ch) (04 May 2020)

Source: www.bailii.org

Down’s Syndrome student wins compensation after school sent letter to parents detailing violent behaviour – Daily Telegraph

Posted May 5th, 2020 in compensation, data protection, disabled persons, human rights, news, school children, special educational needs by sally

‘The family of a child with Down’s Syndrome has been awarded compensation after a primary school sent a letter to parents detailing her violent behaviour and disability.’

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Daily Telegraph, 4th May 2020

Source: www.telegraph.co.uk

Optimism of the will, pessimism of the intellect – Nearly Legal

Posted May 5th, 2020 in coronavirus, landlord & tenant, news, reports, repossession, select committees, stay of proceedings by sally

‘According to this Inside Housing report of a Housing, Communities and Local Government Select Committee meeting today (4 May), the Housing Minister Robert Jenrick announced prospective measures to avoid a deluge of eviction proceedings at the expiry of the PD51Z stay.’

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Nearly Legal, 4th May 2020

Source: nearlylegal.co.uk

PPE & sex discrimination claims – Cloisters

Posted May 5th, 2020 in coronavirus, doctors, news, nurses, protective equipment, sex discrimination by sally

‘The media is currently saturated with reports concerning the absence of adequate Personal Protective Equipment (‘PPE’) in clinical settings. To date, commentators have understandably focused on the extent to which employers may be breaching health and safety legislation by failing to provide staff with PPE and whether staff are protected under whistleblowing legislation if they speak out. Moreover, this month two doctors launched an urgent legal challenge to guidance by NHS England on PPE. In this blog, Dee Masters and Jen Danvers look at a different aspect to the PPE debate, namely whether there is scope for sex discrimination claims arising from equipment which has been designed to fit the average man rather than their female colleagues.’

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Cloisters, 29th April 2020

Source: www.cloisters.com

Coronavirus: Draft post-lockdown workplace rules contain ‘huge gaps’ – TUC – BBC News

Posted May 5th, 2020 in coronavirus, employment, health & safety, news, trade unions by sally

‘Draft guidance for getting people back to work during the coronavirus pandemic could compromise worker safety, the head of the TUC has warned.’

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BBC News, 4th May 2020

Source: www.bbc.co.uk

Insolvent FC – 3 Hare Court

Posted May 5th, 2020 in insolvency, news, sport by sally

‘Football insolvencies are different than others. In their community impact, yes, but, to some extent at
least, legally as well. They may also be becoming more common.’

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3 Hare Court, 4th May 2020

Source: 3harecourt.com

Court hearings running at half pre-virus level – Legal Futures

Posted May 5th, 2020 in civil justice, coronavirus, courts, criminal justice, legal profession, news, statistics by sally

‘The courts and tribunals in England and Wales are now conducting almost half as many civil and criminal hearings as they did before the coronavirus crisis, a justice minister said yesterday.’

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Legal Futures, 5th April 2020

Source: www.legalfutures.co.uk

Specialist support centre for female offenders to open in Wales – The Guardian

Posted May 5th, 2020 in imprisonment, news, rehabilitation, Wales, women by sally

‘A specialist centre providing accommodation and support to female offenders is to open in Wales as part of the government’s strategy to send fewer women to prison, the Ministry of Justice has said.’

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The Guardian, 5th May 2020

Source: www.theguardian.com

Defining the Prerogative: The story of the Case of Proclamations – Falcon Chambers

Posted May 4th, 2020 in chambers articles, constitutional history, constitutional law, legal history, news, prerogative powers by sally

‘I am going to talk about some of the great politico-legal battles in the 17th Century which established the conceptual framework for what we call the Rule of Law. English constitutional history is no longer taught in our schools or as part of training for the Bar and so you may be unfamiliar with these three stories, all of which played a vital part in the development of our law and legal system.’

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Falcon Chambers, April 2020

Source: www.falcon-chambers.com

Barton and Booth – note on the Court of Appeal decision on Ivey and Ghosh – Exchange Chambers

Posted May 4th, 2020 in appeals, chambers articles, deceit, fraud, interpretation, news by sally

‘In Barton and Booth v R [2020] EWCA Crim 575, the Criminal Division of the Court of Appeal considered the correct approach to be taken to dishonesty as it applies to the criminal law. In doing so, the Court confirmed that the test for dishonesty articulated in the Supreme Court decision of Ivey v Genting Casinos (UK) (trading as Crockfords Club) [2017] UKSC 67 displaced the test for dishonesty that had been laid down in R v Ghosh [1982] QB 1053 and which had applied in the criminal courts for 35 years.’

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Exchange Chambers, 1st May 2020

Source: www.exchangechambers.co.uk

An Insight into Business Interruption Insurance: Causation & Quantum – Hailsham Chambers

Posted May 4th, 2020 in causation, chambers articles, company law, coronavirus, damages, insurance, news by sally

‘This article is the second in a series from Hailsham Chambers addressing insurance implications from the current Covid-19 situation. It explores various causation, mitigation and quantum issues that are likely to arise in that litigation.’

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Hailsham Chambers, April 2020

Source: www.hailshamchambers.com

COVID-19 Deaths and PPE – The Coroner’s Role – Parklane Plowden Chambers

Posted May 4th, 2020 in chambers articles, coronavirus, coroners, doctors, emergency services, health, health & safety, hospitals, inquests, news, nurses by sally

‘Inevitably the COVID-19 pandemic will result in a significant increase in the workload of coroners and the number of inquests being heard. Cases where the virus may have been contracted in the workplace setting including frontline workers because of the lack of personal protective equipment (PPE) may be one significant area of potential inquiry.’

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Parklane Plowden Chambers, 4th May 2020

Source: www.parklaneplowden.co.uk

Re A (Children) (Remote Hearing: Care and Placement Orders)[2020] EWCA Civ 583 – Broadway House Chambers

Posted May 4th, 2020 in appeals, care orders, children, coronavirus, courts, families, fostering, live link evidence, local government, news, remote hearings by sally

‘This is the first appeal in a case relating to the welfare of children to reach the Court of Appeal on the issue of remote hearings during the Covid-19 crisis.’

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Broadway House Chambers, 1st May 2020

Source: broadwayhouse.co.uk

Covid-19 deaths and Inquests – Doughty Street Chambers

Posted May 4th, 2020 in chambers articles, coronavirus, coroners, death in custody, employment, health & safety, hospitals, industrial injuries, inquests, news by sally

‘An Inquest is not a foregone conclusion, since death by prevalent disease will not necessarily be considered “unnatural”. There is new guidance issued today (28 April 2020) by the Chief Coroner as to the circumstances in which in Inquest will be appropriate.’

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Doughty Street Chambers, 28th April 2020

Source: insights.doughtystreet.co.uk

What are the data privacy considerations of Contact Tracing Apps? – UK Human Rights Blog

Posted May 4th, 2020 in computer programs, coronavirus, data protection, emergency powers, human rights, news, privacy by sally

‘Coronavirus presents a serious threat to society, legitimising the collection of public health data under Article 9:2 (g) of GDPR regulations, which allows the processing of such data if “necessary for reasons of substantial public interest”. Some of this collection will take the form of contact tracing apps, which have been used in containing the spread of coronavirus in countries such as Singapore.’

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UK Human Rights Blog, 1st May 2020

Source: ukhumanrightsblog.com

Comply with ADR duty or risk costs sanction – Law Society’s Gazette

Posted May 4th, 2020 in costs, damages, dispute resolution, employment, news, sanctions, sexual offences, sport, vicarious liability by sally

‘The recent decision of DSN v Blackpool Football Club Limited [2020] EWHC 670 (QB) illustrates the need for litigating parties to consider and engage with alternative dispute resolution (ADR) procedures in trying to resolve their disputes.’

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Law Society's Gazette, 4th May 2020

Source: www.lawgazette.co.uk

UK Supreme Court Relaxes the Test for Establishing a Breach of Article 3 in Medical Removal Cases – Oxford Human Rights Hub

Posted May 4th, 2020 in appeals, deportation, government departments, human rights, immigration, interpretation, medical treatment, news, Supreme Court by sally

‘On 29 April 2020, the UK Supreme Court handed down its judgment in the case of AM(Zimbabwe) v SSHD [2020] UKSC. This completes the domestic line of authority grappling with the ECtHR’s Grand Chamber’s judgment in Paposhvili v Belgium, which reformulated the applicable test where appellants allege that their proposed removal to a third country would be in breach of Article 3 ECHR as exposing them to inhuman or degrading treatment as a result of the unavailability of medical treatment there.’

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Oxford Human Rights Hub, 3rd May 2020

Source: ohrh.law.ox.ac.uk

EP 110: Should the NHS be liable for commercial surrogacy expenses? – William Edis QC – Law Pod UK

Posted May 4th, 2020 in cancer, damages, foreign jurisdictions, hospitals, negligence, news, Supreme Court, surrogacy by sally

‘Rosalind English discusses with William Edis QC a recent Supreme Court ruling that a woman could claim against the NHS damages that covered a commercial surrogacy arrangement that would be illegal in this country. The principle is now clear, and there is no parliamentary appetite to overturn it. You can get compensation to make a commercial surrogacy arrangements abroad, if negligence has deprived you of the ability of bearing your own children.’

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Law Pod UK, 1st May 2020

Source: audioboom.com

Nyasha Weinberg: Parliament must legislate on the government’s plans for contact tracing apps – UK Constitutional Law Association

Posted May 4th, 2020 in computer programs, constitutional law, coronavirus, data protection, emergency powers, human rights, news, parliament, privacy by sally

‘ Today the Joint Committee on Human Rights will take evidence from the Information Commissioner, academics and the CEO of NHSX on the risks to the right to privacy (Article 8 ECHR) if a contact tracing app is introduced to track and slow the spread of the coronavirus. This is helpful scrutiny of the government’s plans. Yet if the government goes ahead with its proposed contact-tracing application it is essential that the processing of large amounts of personal data by the state, even if done in the public interest, needs a clear legal basis in the form of specific legislation.’

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UK Constitutional Law Association, 4th May 2020

Source: ukconstitutionallaw.org