How The UK Could Be Failing Migrant Modern Slavery Victims – And What We Can Do About It – Each Other

Posted April 15th, 2020 in forced labour, government departments, immigration, news, statistics, trafficking in human beings, victims by sally

‘The UK’s modern slavery framework was almost five times less likely to recognise victims from non-European countries than those from Britain last year, . This is despite the fact that many of the top countries for human trafficking are outside Europe. Maya Esslemont examines ways we can ensure victims do not slip through the net and miss out on vital support.’

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Each Other, 15th April 2020

Source: eachother.org.uk

Judges warn over parties’ conduct in remote hearings – Litigation Futures

Posted April 15th, 2020 in case management, codes of practice, coronavirus, courts, live link evidence, news, remote hearings, standards by sally

‘Courts and tribunals have made “remarkable” progress in dealing with remote hearings during the coronavirus crisis, but there are concerns about the behaviour of parties, the senior judiciary has said.’

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Litigation Futures, 15th April 2020

Source: www.litigationfutures.com

Care proceedings rise steeply in family courts during UK lockdown – The Guardian

Posted April 15th, 2020 in alcohol abuse, care orders, children, coronavirus, domestic violence, families, news, statistics by sally

‘The number of urgent care proceedings in the family courts has increased sharply since the beginning of the Covid-19 pandemic, the Guardian has learned.’

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The Guardian, 14th April 2020

Source: www.theguardian.com

Coronavirus: Public reassured over lockdown policing rules – BBC News

Posted April 15th, 2020 in coronavirus, emergency powers, enforcement, government departments, health, news, police, sale of goods by sally

‘Downing Street says people can buy whatever they want from shops that remain open amid concerns some police are overstepping lockdown powers.’

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BBC News, 10th April 2020

Source: www.bbc.co.uk

Fine for barrister who took 15 months to pay fine – Legal Futures

Posted April 15th, 2020 in barristers, conveyancing, delay, fines, news, solicitors, Solicitors Regulation Authority by sally

‘An unregistered barrister and solicitor who took 15 months to pay a £500 fine levied by the Bar Standards Board (BSB) has been reprimanded – and ordered to pay another £500.’

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Legal Futures, 15th April 2020

Source: www.legalfutures.co.uk

A whopper? Watchdog bans ads for Burger King ‘vegan-suitable’ Rebel – The Guardian

Posted April 15th, 2020 in advertising, complaints, food, news, ombudsmen, veganism by sally

‘An ad campaign for Burger King’s first plant-based burger has been banned by the advertising watchdog for implying it is suitable for vegans and vegetarians, when it is not.’

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The Guardian, 15th April 2020

Source: www.theguardian.com

BAILII: Recent Decisions

Posted April 15th, 2020 in law reports by sally

High Court (Chancery Division)

Kirker (Liquidator of SMU Investments Ltd) v Holyoak Investments Inc & Ors [2020] EWHC 875 (Ch) (14 April 2020)

High Court (Commercial Court)

Magdeev v Tsvetkov [2020] EWHC 887 (Comm) (14 April 2020 )

High Court (Family Division)

SZ v DG & Ors [2020] EWHC 881 (Fam) (14 April 2020)

High Court (Patents Court)

Heineken Supply Chain BV v Anheuser-Busch Inbev SA [2020] EWHC 892 (Pat) (09 April 2020)

Source: www.bailii.org

Appeal court urges rethink over set-off in QOCS cases – Litigation Futures

Posted April 14th, 2020 in appeals, civil procedure rules, costs, news, part 36 offers, set-off by sally

‘The Court of Appeal has urged the Civil Procedure Rule Committee to consider preventing defendants setting off costs in cases covered by qualified one-way costs shifting (QOCS).’

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Litigation Futures, 14th April 2020

Source: www.litigationfutures.com

Vicarious liability (and data protection): two cases – Six Pump Court

Posted April 14th, 2020 in banking, chambers articles, compensation, data protection, doctors, employment, news, sexual offences, Supreme Court, vicarious liability by sally

‘Morrisons, heard recently in the Supreme Court, concerns vicarious liability for a rogue data controller. Together with another Supreme Court case, Barclays Bank, these two cases cover all the key issues.’

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Six Pump Court, 8th April 2020

Source: www.6pumpcourt.co.uk

Campaigners win judicial review challenge over major scheme but judge declines to grant relief – Local Government Lawyer

Posted April 14th, 2020 in judicial review, local government, news, planning by sally

‘A campaign group opposed to a large development in Dorset has partially won its case at judicial review but been granted no relief.’

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Local Government Lawyer, 9th April 2020

Source: www.localgovernmentlawyer.co.uk

Not a disciplinary stick – PSED and homeless reviews – Nearly Legal

Posted April 14th, 2020 in appeals, disabled persons, equality, homelessness, housing, local government, news by sally

‘We saw the approach of the Court of Appeal to the operation of the Public Sector Equality Duty (PSED) in possession proceedings in Luton Community Housing v Durdana. Now, in these joined appeals, the Court of Appeal turns its attention to PSED in homeless decisions and reviews.’

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Nearly Legal, 12th April 2020

Source: nearlylegal.co.uk

Lessons from a groundbreaking Skype hearing – Litigation Futures

Posted April 14th, 2020 in coronavirus, Court of Protection, health, health & safety, live link evidence, medical treatment, news, remote hearings by sally

‘As the success of remote hearings sparks discussion – with many lawyers advocating for further adoption of these options post-coronavirus – retaining an even-handed view is key. Considering what stands to be lost as well as gained, and what steps can be taken to safeguard human connection and nuance, will be crucial.’

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Litigation Futures, 14th April 2020

Source: www.litigationfutures.com

What About – ‘PPE – Does the Government owe a legal duty to provide it?’ – Nexus Chambers

Posted April 14th, 2020 in chambers articles, coronavirus, doctors, duty of care, employment, government departments, health, health & safety, hospitals, inquiries, news, nurses, statutory duty by sally

‘There is no doubt that the Government owes a moral duty to provide those on the frontline fighting this virus with the tools they need to work safely. Beyond the undeniable moral duty, does the Government owe them a legal duty as well?’

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Nexus Chambers, 10th April 2020

Source: www.nexuschambers.com

Trade Marks and Passing Off – Planetart v Photobox – NIPC Law

Posted April 14th, 2020 in intellectual property, news, trade marks by sally

‘This was an action for trade mark infringement. passing off and invalidation of one of the defendant’s trade marks. The claimants were the Delaware company, Planetart LLC, and its English subsidiary, Planetart Ltd. Those companies offer a photo printing service called FreePrints that is best explained in the How it Works video on the home page of their website. The defendants, Photobox Ltd. and Photobox Free Prints Ltd. offer a service that is similar to the claimants’.’

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NIPC Law, 11th April 2020

Source: nipclaw.blogspot.com

Articles 3 and 8 in the Time of Coronavirus: A New Case With Implications for Local Authorities Using the Care Act ‘Easements’ – Coronavirus: Guidance for Lawyers and Businesses

Posted April 14th, 2020 in chambers articles, coronavirus, duty of care, easements, hospitals, human rights, local government, mental health, news by sally

‘The Care Act ‘easements’ were brought into force on 31 March 2020. Per the statutory guidance, local authorities may take a decision to apply the new and much higher threshold for receiving care. That threshold states that a person is not entitled to receive care and support from a local authority as a matter of right unless it is necessary to prevent a breach of the person’s human rights – most likely to be Articles 2, 3 or 8 of the European Convention. Arianne Kelly looks at the first case on the subject.’

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Coronavirus: Guidance for Lawyers and Businesses, 14th April 2020

Source: lawinthetimeofcorona.wordpress.com

High Court rejects attempt to adjourn £250m trial because of virus – Litigation Futures

Posted April 14th, 2020 in adjournment, administrators, coronavirus, damages, insolvency, liquidators, live link evidence, news by sally

‘The High Court has rejected an application to adjourn a five-week trial of a £250m insolvency claim because of the coronavirus pandemic.’

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Litigation Futures, 9th April 2020

Source: www.litigationfutures.com

Use of Artificial Intelligence by the Judiciary in the Face of COVID-19 – Oxford Human Rights Hub

Posted April 14th, 2020 in artificial intelligence, courts, criminal justice, judiciary, jurisdiction, news, race discrimination by sally

‘As one of the measures to prevent the spread of the new coronavirus, courts in major parts of the world are delaying trials and temporarily closing doors. While the move is reasonable in the face of the pandemic, the process could leave some cases in limbo for weeks, if not months. In the criminal context, this could be a huge barrier to access to justice for victims and in securing the rights of the accused. The Chief Justices of various judicial systems have issued guidance to trial courts seeking emergency orders to adjust or suspend court operations in light of the pandemic. In addition to these measures, new AI-based systems may prove helpful during these times and should, where available, be used to secure access to justice.’

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Oxford Human Rights Hub, 9th April 2020

Source: ohrh.law.ox.ac.uk

The Coronavirus Act 2020: When Legislation Goes Viral (Part Two) – UK Human Rights Blog

Posted April 14th, 2020 in coronavirus, emergency powers, health, human rights, news by sally

‘In Part One, I considered the background to the Coronavirus Act 2020 and some general aspects of the legislation. Here, I focus on some of the substantive provisions of the legislation and briefly explore the role that human rights law has to play in the management of the COVID-19 crisis.’

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UK Human Rights Blog, 10th April 2020

Source: ukhumanrightsblog.com

Coronacontact- what about the children in care? – Transparency Project

Posted April 14th, 2020 in care orders, children, coronavirus, families, health, local government, news, statutory duty by sally

‘Family life is significantly disrupted as a result of the ‘lockdown’, and many children in care will not have seen their parents for a number of weeks. This short article considers the legal position with regard to the duties of local authorities in England to looked-after children and contact, and the interaction between this and the Coronavirus Act 2020 and regulations.’

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Transparency Project, 11th April 2020

Source: www.transparencyproject.org.uk

Leviathan unshackled? – UK Human Rights Blog

Posted April 14th, 2020 in coronavirus, emergency powers, enforcement, freedom of movement, government departments, health, human rights, news, Supreme Court by sally

‘The response to the Covid-19 pandemic by governments across the world has thrown into sharp relief the fact that at a time of crisis the institutions and functions of Nation States are still the key structures responsible for the most basic duty of protecting their citizens’ lives. In the United Kingdom, the recent weeks have seen interventions by the Government in the economy and in the freedom of movement that are commonly seen as unparalleled in the post 1945 era.’

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UK Human Rights Blog, 10th April 2020

Source: ukhumanrightsblog.com