Current Awareness – Page 867 – Legal News selected by the Inner Temple Library

In light of Re P (A Child: Remote Hearing) [2020] EWFC 32, what will the Court’s approach be post-lockdown? – Spire Barristers

Posted May 5th, 2020 in barristers, coronavirus, family courts, news, remote hearings by sally

‘Lockdown measures were implemented on 23rd March 2020 and, as many of you will be aware, the following day, The Bar Council issued the following guidance to barristers on attending Family (and Civil) Court hearings:

“You should not attend in person unless the hearing is genuinely urgent and it cannot be done remotely. Such a hearing will be a rare occurrence”.’

Spire Barristers, 29th April 2020

Source: spirebarristers.co.uk

Anger as watchdog clears Alzheimer’s Society of wrongdoing – The Guardian

Posted May 5th, 2020 in charities, Charity Commission, confidentiality, news, non-disclosure agreements, whistleblowers by sally

‘The charity watchdog is embroiled in a row with ex-employees of the Alzheimer’s Society after clearing it of wrongdoing, following claims in a Guardian investigation over payouts to workers who signed non-disclosure agreements (NDAs).’

The Guardian, 4th May 2020

Source: www.theguardian.com

Court of Protection has power to grant injunctive relief, judge rules – Local Government Lawyer

Posted May 5th, 2020 in Court of Protection, injunctions, news by sally

‘The Court of Protection has the power to grant injunctive relief in support of and to ensure compliance with its best interests decisions and its orders, a judge has concluded.’

Local Government Lawyer, 4th May 2020

Source: www.localgovernmentlawyer.co.uk

MoJ pumps £5.4m into not-for-profit advice sector – Legal Futures

Posted May 5th, 2020 in budgets, charities, coronavirus, law centres, news by sally

‘The government has announced a £5.4m cash injection for law centres and other legal advice charities to help people with housing, debt, discrimination and employment problems during the Covid-19 crisis.’

Legal Futures, 5th May 2020

Source: www.legalfutures.co.uk

R (Simon Halabi) v The Crown Court at Southwark and others – Blackstone Chambers

Posted May 5th, 2020 in foreign jurisdictions, human rights, judicial review, news, notification, sexual offences by sally

‘The Divisional Court has handed down judgment in an important case concerning whether the regime for the imposition of notification requirements on sexual offenders is compatible with rights under Article 8 ECHR.’

Blackstone Chambers, 1st May 2020

Source: www.blackstonechambers.com

Barrister who “took advantage of BSB’s generosity” is suspended – Legal Futures

Posted May 5th, 2020 in barristers, continuing professional development, disciplinary procedures, fines, news by sally

‘A veteran barrister who “took advantage” of the Bar Standards Board (BSB) by refusing to pay a fine for almost four years has been suspended for two months.’

Legal Futures, 5th May 2020

Source: www.legalfutures.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted May 5th, 2020 in law reports by sally

The Teachers’ Skills Test (England) (Miscellaneous Amendments) Regulations 2020

Source: www.legislation.gov.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.’

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.’

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.’

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.’

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.’

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.’

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.’

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.’

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.’

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.’

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.’

Parklane Plowden Chambers, 4th May 2020

Source: www.parklaneplowden.co.uk

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