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

Revealed: surge in domestic violence during Covid-19 crisis – The Guardian

Posted April 14th, 2020 in charities, coronavirus, domestic violence, freedom of movement, health, news, statistics by sally

‘Shocking statistics revealed that domestic violence has surged since the start of the coronavirus lockdown, as the home secretary, Priti Patel, insisted that help for all victims of abuse was available.’

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The Guardian, 12th April 2020

Source: www.theguardian.com

Coronavirus: Ofcom assesses Eamonn Holmes 5G comments after complaints – BBC News

Posted April 14th, 2020 in communicating false information, complaints, coronavirus, health, health & safety, media, news, ombudsmen, telecommunications by sally

‘TV regulator Ofcom has said it is assessing comments made by presenter Eamonn Holmes about 5G technology and coronavirus “as a priority”.’

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BBC News, 14th April 2020

Source: www.bbc.co.uk

Changing the locks during lockdown:The Coronavirus Act 2020, Commercial Property and Forfeiture – 3PB

Posted April 14th, 2020 in chambers articles, coronavirus, forfeiture, landlord & tenant, news by sally

‘In recent years the rise of e-commerce has challenged the traditional High Street model as we know it. The high attrition rates on the High Street have been widely reported. For those retailers who have sought to avoid closing their businesses, Company Voluntary Agreements (“CVA’s”) have become popular in order to allow shops to keep trading.’

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3PB, 9th April 2020

Source: www.3pb.co.uk

New Act – legislation.gov.uk

Posted April 14th, 2020 in coronavirus, emergency powers, legislation by sally

Coronavirus Act 2020

Source: www.legislation.gov.uk

New Act – legislation.gov.uk

Posted April 14th, 2020 in budgets, legislation by sally

Contingencies Fund Act 2020

Source: www.legislation.gov.uk

New Act – legislation.gov.uk

Posted April 14th, 2020 in budgets, hospitals, legislation by sally

NHS Funding Act 2020

Source: www.legislation.gov.uk

New Act – legislation.gov.uk

Posted April 14th, 2020 in appropriation, legislation by sally

Supply and Appropriation (Anticipation and Adjustments) Act 2020

Source: www.legislation.gov.uk

Four men jailed in first year since upskirting law was introduced – The Guardian

Posted April 14th, 2020 in imprisonment, news, photography, sentencing, sexual offences, statistics, victims, voyeurism, women by sally

‘Four men have been jailed in the year since the upskirting law was introduced in England and Wales, figures show.’

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The Guardian, 11th April 2020

Source: www.theguardian.com

“Release QC money” to support Bar during Covid-19 – Legal Futures

Posted April 14th, 2020 in barristers, budgets, coronavirus, fees, inns of court, news, pro bono work, queen's counsel by sally

‘The Public Access Bar Association (PABA) has urged the Bar Council to call in its share of the surplus held by QC Appointments (QCA) to support barristers struggling during the coronavirus pandemic.’

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Legal Futures, 14th April 2020

Source: www.legalfutures.co.uk

Woman’s attraction to chandeliers not a sexual orientation, Ipso says – The Guardian

Posted April 14th, 2020 in codes of practice, complaints, equality, freedom of expression, media, news, sexual orientation discrimination by sally

‘A woman in a long-term relationship with a 92-year-old German chandelier has been told that her attraction to historic light fittings is not considered to be a protected sexual orientation.’

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The Guardian, 14th April 2020

Source: www.theguardian.com

High Court strikes off medical reports doctor for contempt – Litigation Futures

Posted April 14th, 2020 in appeals, contempt of court, doctors, expert witnesses, news, professional conduct, sentencing, suspended sentences by sally

‘A doctor who received a suspended sentence for contempt of court over a false medical report has been erased from the medical register by the High Court.’

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Litigation Futures, 14th April 2020

Source: www.litigationfutures.com

Recent Statutory Instruments – legislation.gov.uk

Posted April 14th, 2020 in legislation by sally

The Coronavirus Act 2020 (Commencement No. 2) Regulations 2020

The Private Security Industry (Licence Fees) Order 2020

The Judicial Pensions and Fee-Paid Judges’ Pension Schemes (Contributions) (Amendment) Regulations 2020

The Elections (Policy Development Grants Scheme) (Amendment) (No. 2) Order 2020

The Posted Workers (Agency Workers) Regulations 2020

The Motor Vehicles (Tests) (Amendment) (Coronavirus) Regulations 2020

The Official Controls (Plant Health and Genetically Modified Organisms) (England) (Amendment) Regulations 2020

The District Probate Registries (Amendment) Order 2020

The Merchant Shipping (Tonnage) (Amendment) Regulations 2020

The Coronavirus (Retention of Fingerprints and DNA Profiles in the Interests of National Security) Regulations 2020

The Automatic Enrolment (Earnings Trigger and Qualifying Earnings Band) Order 2020

The Local Authorities and Police and Crime Panels (Coronavirus) (Flexibility of Local Authority and Police and Crime Panel Meetings) (England and Wales) Regulations 2020

The Justices of the Peace and Authorised Court and Tribunal Staff (Costs) Regulations 2020

The Social Security (Coronavirus) (Further Measures) Amendment Regulations 2020

The Offshore Installations (Safety Zones) Order 2020

The Offender Management Act 2007 (Coronavirus) (Approved Premises) (Amendment) Regulations 2020

The Prison and Young Offender Institution (Coronavirus) (Amendment) Rules 2020

The Armed Forces Act (Continuation) Order 2020

The Local Government and Police and Crime Commissioner (Coronavirus) (Postponement of Elections and Referendums) (England and Wales) Regulations 2020

The Social Security (Coronavirus) (Prisoners) Regulations 2020

The Social Fund Funeral Expenses Payment (Coronavirus) (Amendment) Regulations 2020

The Accounts and Audit (Coronavirus) (Amendment) Regulations 2020

The Town and Country Planning (General Permitted Development) (Coronavirus) (England) (Amendment) Order 2020

The National Health Service (Performers Lists) (England) (Coronavirus) (Amendment) Regulations 2020

The Grants to the Churches Conservation Trust Order 2020

The Electronic Monitoring (Responsible Persons) (Coronavirus) (Amendment) Order 2020

The Criminal Procedure (Amendment No. 2) (Coronavirus) Rules 2020

The Tribunal Procedure (Coronavirus) (Amendment) Rules 2020

The Employment Appeal Tribunal (Coronavirus) (Amendment) Rules 2020

The Care of Cathedrals (Amendment) Rules 2020

The Church Representation Rules (Amendment) Resolution 2020

Source: www.legislation.gov.uk

Law firm defeats broker’s claim for £100k introducer fee – Legal Futures

Posted April 14th, 2020 in fees, financial dispute resolution, law firms, loans, news by sally

‘A Liverpool law firm has defeated the claim of a finance broker who sought a £100,000 fee for introducing it to a new loan provider.’

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Legal Futures, 14th April 2020

Source: www.legalfutures.co.uk

Coronavirus: How Will Exam Cancellations Affect Students? – Each Other

Posted April 14th, 2020 in coronavirus, education, examinations, news, school children by sally

‘With the cancellation of all GCSE and A level summer exams amid the coronavirus pandemic, the system for awarding student grades been transformed beyond recognition.’

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Each Other, 9th April 2020

Source: eachother.org.uk