The Remote Family Court – where does transparency fit in? – Transparency Project

Posted April 3rd, 2020 in coronavirus, families, family courts, live link evidence, media, news by sally

‘The Transparency Project recently assisted the FLBA tech working party to gather some information and feedback in light of the publication of the key judicial guidance on family justice during the pandemic – ‘The Remote Family Court’. That document (now on version 2), sets out a number of unresolved questions at paragraph 8.3. Our contribution to that exercise focused on elements that fell within our ambit – access to journalists and legal bloggers, recording of proceedings, litigants in person, and information for the public.’

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Transparency Project, 2nd April 2020

Source: www.transparencyproject.org.uk

How Well Do You Know The New Coronavirus Lockdown Rules? – Each Other

Posted April 3rd, 2020 in coronavirus, emergency powers, enforcement, news, police, statutory interpretation by sally

‘Am I allowed to drive to take my dog for a walk? Are shops still allowed to sell Easter eggs? Take EachOther’s quiz to see how much you know about the latest coronavirus lockdown rules.’

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Each Other, 2nd April 2020

Source: eachother.org.uk

Council wins appeal over tribunal ruling requiring it to issue caravan site licence- Local Government Lawyer

Posted April 3rd, 2020 in appeals, interpretation, local government, news, planning, tribunals by sally

‘The First-tier Tribunal (FTT) acted irrationally and put a council in an impossible position when it ordered it to issue a caravan site licence, the Upper Tribunal (Lands Chamber) has decided.’

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Local Government Lawyer, 2nd April 2020

Source: www.localgovernmentlawyer.co.uk

113th CPR Update – Practice Direction Amendments by Paul Dormand – Broadway House Chambers

Posted April 2nd, 2020 in chambers articles, civil procedure rules, news, practice directions by sally

‘Some of the amendments are in force from 31st March 2020, others from 6th April 2020. Here is a selection of some of the key points.’

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Broadway House Chambers, 27th March 2020

Source: broadwayhouse.co.uk

The Rise and Fall of Subtle Brain Injury – Rope Walk Chambers

Posted April 2nd, 2020 in chambers articles, news, personal injuries, psychiatric damage by sally

‘Andrew Hogan gives his insight into the Rise and Fall of Subtle Brain Injury in his latest Personal Injury Update.’

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Rope Walk Chambers, 1st April 2020

Source: www.ropewalk.co.uk

NICE amends Covid-19 critical care guideline after judicial review threat – Local Government Lawyer

Posted April 2nd, 2020 in autism, children, coronavirus, disability discrimination, disabled persons, equality, hospitals, judicial review, learning difficulties, local government, medical treatment, news by sally

‘The National Institute for Health and Care Excellence (‘NICE’) has changed the COVID-19 guideline for clinical care after being threatened with a judicial review challenge.’

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Local Government Lawyer, 1st April 2020

Source: www.localgovernmentlawyer.co.uk

APIL and FOIL issue guidance on Covid-19 co-operation – Litigation Futures

Posted April 2nd, 2020 in budgets, claims management, coronavirus, costs, electronic mail, law firms, news by sally

‘Personal injury firms should temporarily agree to accept service by email and freeze limitation periods, according to guidance issued to claimant and defendant lawyers today on the conduct of claims during the Covid-19 crisis.’

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Litigation Futures, 1st April 2020

Source: www.litigationfutures.com

Personal Protective Equipment – The Last Frontier? – Old Square Chambers

Posted April 2nd, 2020 in care workers, chambers articles, health, health & safety, hospitals, news by sally

‘A look at the legal issues surrounding the provision of personal protective equipment to front line healthcare workers.’

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Old Square Chambers, 30th March 2020

Source: www.oldsquare.co.uk

The Bar in the time of coronavirus – Counsel

Posted April 2nd, 2020 in barristers, coronavirus, courts, live link evidence, news, remote hearings by sally

‘The Bar… will it ever be the same again? Melanie Tether and Nadia Motraghi consider 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, April 2020

Source: www.counselmagazine.co.uk

UK woman wins claim for NHS to pay US surrogacy costs – The Guardian

Posted April 2nd, 2020 in cancer, children, damages, hospitals, negligence, news, pregnancy, surrogacy by sally

‘A woman who wants to have surrogate children through commercial agreements in California has won her claim that the NHS should pay for the treatment.’

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The Guardian, 1st April 2020

Source: www.theguardian.com

Families of disabled children threaten legal challenge over government limit on outdoor exercise – Local Government Lawyer

Posted April 2nd, 2020 in autism, children, coronavirus, disability discrimination, disabled persons, emergency powers, families, freedom of movement, government departments, human rights, news, proportionality by sally

‘A pre-action protocol letter has been sent to the Government calling on it to reconsider the policy that all citizens are only permitted to leave the house for exercise once per day.’

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Local Government Lawyer, 1st April 2020

Source: www.localgovernmentlawyer.co.uk

Government issues guidance on how local authorities can use Care Act ‘easements’ – Local Government Lawyer

Posted April 2nd, 2020 in codes of practice, coronavirus, easements, emergency powers, government departments, local government, news, social services by sally

‘The Department of Health & Social Care has published guidance setting out local authorities can use the new ‘easements’ under the Coronavirus Act 2020 that mean they no longer need to meet certain duties under the Care Act.’

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Local Government Lawyer, 1st April 2020

Source: www.localgovernmentlawyer.co.uk

Jeff King: The Lockdown is Lawful: Part II – UK Constitutional Law Associaiton

Posted April 2nd, 2020 in constitutional law, coronavirus, emergency powers, freedom of movement, health, human rights, news, proportionality, statutory interpretation by sally

‘In the post published yesterday, I explained that under Part 2A of the Public Health (Control of Diseases) Act 1984, UK and Welsh ministers can make regulations to protect public health that can impose ‘special restrictions’ on persons, things and premises. They can impose such restrictions in the same way that Justices of the Peace may do against individuals and groups. However, there are four exceptions to that general rule (section 45D(3)). The general regulation-making powers cannot be used to force a person to (a) submit to medical examination; be (b) removed to or (c) detained in a hospital or similar establishment, or, and mostly notably, (d) ‘be kept in isolation or quarantine.’ The rationale for the exclusions seems to be that these highly invasive things must be done on a case-by-case (i.e. person or group) instead of community-wide basis.’

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UK Constitutional Law Association, 2nd April 2020

Source: ukconstitutionallaw.org

Imposing Quistclose trusts—knowledge, not notice, as the golden rule (Goyal v Florence Care Ltd) – New Square Chambers

Posted April 2nd, 2020 in chambers articles, delay, equity, fiduciary duty, joint ventures, news, solicitors by sally

‘Goyal emphasises the importance of knowledge over notice in generating a Quistclose Trust. Solicitors and commercial fund managers should be alert to the possible implications arising from the allocation and management of communications received, mindful that attributed knowledge may still suffice in the right circumstances. Goyal provides an important reminder of the gateway function of an order for an account through which substantive remedies can be accessed. A party’s entitlement to an account following breach of fiduciary duty should not be circumscribed by judicial assumptions that little may be gained from the exercise, nor by considerations of the delay between relevant events and trial. An account may prove to be fruitless but a claimant should be entitled to find this out for themselves.’

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New Square Chambers, 23rd March 2020

Source: www.newsquarechambers.co.uk

York woman fined for breaching coronavirus rules – BBC News

Posted April 2nd, 2020 in coronavirus, emergency powers, enforcement, fines, health, news by sally

‘A woman has been fined for breaching coronavirus restrictions after she refused to tell police who she was and why she was at a railway station.’

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BBC News, 1st April 2020

Source: www.bbc.co.uk

Hot Air – Rope Walk Chambers

Posted April 2nd, 2020 in chambers articles, costs, judicial review, news by sally

‘In his latest Costs article, Andrew Hogan discussed Costs in relation to Judicial review.’

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Rope Walk Chambers, 31st March 2020

Source: www.ropewalk.co.uk

Barclays not liable for alleged sexual assaults during medicals, court rules – The Guardian

Posted April 2nd, 2020 in appeals, banking, damages, doctors, employment, news, sexual offences, Supreme Court, vicarious liability by sally

‘Barclays is not liable for the alleged sexual assault of more than 100 patients by a doctor carrying out medicals on the bank’s behalf, the supreme court has ruled.’

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The Guardian, 1st April 2020

Source: www.theguardian.com

The Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 – Six Pump Court

Posted April 2nd, 2020 in chambers articles, coronavirus, emergency powers, news, statutory interpretation by sally

‘Whilst the ongoing coronavirus pandemic is having a unprecedented impact upon human behaviour, businesses should also be aware of the risks to legal persons and officers created by The Health Protection (Coronavirus, Restrictions) (England) Regulations 2020.’

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Six Pump Court, 27th March 2020

Source: www.6pumpcourt.co.uk

Morrisons not liable for massive staff data leak, court rules – The Guardian

Posted April 2nd, 2020 in appeals, compensation, data protection, disclosure, news, Supreme Court, vicarious liability by sally

‘The UK’s highest court has ruled that Morrisons should not be held liable for the criminal act of an employee with a grudge who leaked the payroll data of about 100,000 members of staff.’

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The Guardian, 1st April 2020

Source: www.theguardian.com

Witness Statements: Overlong and Over-lawyered? – Hailsham Chambers

Posted April 1st, 2020 in chambers articles, drafting, evidence, news, witnesses by sally

‘As many legal commentators including the author have noted recently: long, complex and detailed statements served particularly on behalf of lay witnesses, but written by their legal teams, can be more of a hindrance than of assistance. Straightforward cross-examinations of such witnesses will frequently prove effective in at the very least exciting the suspicion of a court as to the reliability of such lay evidence, or worse, in some cases causing questions to be asked as to their credibility when the inevitable rhetorical question is asked in closing as to whether such a person ever really could have had a reasonable belief in the veracity of what the statement contained.’

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Hailsham Chambers, 27th March 2020

Source: www.hailshamchambers.com