Coronavirus (COVID-19)—Changes to the Care Act 2014 – 39 Essex Chambers

Posted April 15th, 2020 in chambers articles, coronavirus, duty of care, easements, hospitals, local government, mental health, news by sally

‘Siân Davies, barrister at 39 Essex Chambers, discusses the Care Act easements, provided for under the Coronavirus Act 2020. She examines the guidance for local authorities on when it is appropriate to use the Care Act easements, emphasises the information that should be given to those being assessed and debates what changes to safeguarding policies may occur during the relaxation period. She also analyses the relationship between the Care Act easements guidance and the Hospital Discharge Service Requirements.’

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39 Essex Chambers, 7th April 2020

Source: www.39essex.com

Chris Packham to seek permission to appeal dismissal of HS2 challenge – Local Government Lawyer

Posted April 15th, 2020 in appeals, climate change, environmental protection, government departments, judicial review, news, planning, transport by sally

‘Broadcaster Chris Packham is to seek permission to appeal a Divisional Court ruling that dismissed his review challenge over the Transport Secretary’s decision to continue with the HS2 rail project.’

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Local Government Lawyer, 14th April 2020

Source: www.localgovernmentlawyer.co.uk

Serious sexual offences involving Medical professionals: Catherine Silverton shares 18 years’ of trial experience – Park Square Barristers

Posted April 15th, 2020 in chambers articles, disclosure, doctors, internet, juries, news, nurses, sexual offences, victims by sally

‘Sexual allegations can be distinguished from criminal allegations of other types by virtue of often being prosecuted purely on the basis of one person’s word. There are invariably no witnesses to the interaction between the Complainant and Defendant during which the alleged offence is said to have been committed. There is very rarely any physical or scientific evidence capable of proving or refuting the allegation. No circumstantial evidence. No technological evidence. Sexual allegations are increasingly made weeks, months or even years after the alleged event, by which time delay has frayed memories on all sides which leaves nothing but word against word.’

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Park Square Barristers, 7th April 2020

Source: www.parksquarebarristers.co.uk

Man wrongly convicted under coronavirus law, Met police admit – The Guardian

Posted April 15th, 2020 in coronavirus, emergency powers, enforcement, fines, news, police, statutory interpretation, wrongful arrest by sally

‘A 21-year-old man has been wrongly convicted under coronavirus laws, the Metropolitan police have admitted, as concerns grow over the use of emergency powers.’

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The Guardian, 14th April 2020

Source: www.theguardian.com

Making Remote Hearings Work – St John’s Chambers

Posted April 15th, 2020 in case management, chambers articles, coronavirus, courts, live link evidence, news, remote hearings by sally

‘A broad experience is building up among advocates with the use of remote hearings. Although many courts are still using telephone links (and for many litigants who do not have access to more sophisticated technology, this will remain the default medium) the use of video links is becoming more of a normal experience.’

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St John's Chambers, 8th April 2020

Source: www.stjohnschambers.co.uk

Family President to hold two-week rapid consultation on use of remote hearings in family justice – Local Government Lawyer

Posted April 15th, 2020 in consultations, coronavirus, families, family courts, live link evidence, news, remote hearings by sally

‘The President of the Family Division, Sir Andrew McFarlane, has launched a two-week rapid consultation on the use of remote hearings in the family justice system.’

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Local Government Lawyer, 14th April 2020

Source: www.localgovernmentlawyer.co.uk

Interim Separation During Proceedings – Becket Chambers

Posted April 15th, 2020 in appeals, care orders, chambers articles, children, deceit, domestic violence, families, local government, news by sally

‘We have all experienced cases, especially when representing a young mother who has been placed with the child, often a first child and a baby, in a mother and baby foster placement and that placement has broken down for a variety of different reasons.’

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Becket Chambers, 9th April 2020

Source: becket-chambers.co.uk

Warning over fall-out from witness statement crackdown – Litigation Futures

Posted April 15th, 2020 in barristers, costs, drafting, negligence, news, pre-action conduct, professional conduct, solicitors, witnesses by sally

‘A judicial crackdown on overlong witness statements puts lawyers at risk of wasted costs orders and professional negligence claims, a barrister has warned.’

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Litigation Futures, 9th April 2020

Source: www.litigationfutures.com

Councils face legal action over access to education during lockdown – Local Government Lawyer

Posted April 15th, 2020 in children, computer programs, education, equality, local government, news, school children by sally

‘The Good Law Project is to take legal action against councils over access to education by children from low income families during the lockdown.’

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Local Government Lawyer, 9th April 2020

Source: www.localgovernmentlawyer.co.uk

El Gizouli: Mutual Legal Assistance Meets Data Protection – Oxford Human Rights Hub

Posted April 15th, 2020 in data protection, death penalty, disclosure, execution, foreign jurisdictions, government departments, human rights, judicial review, news, Supreme Court by sally

‘On 25 March 2020, the UK Supreme Court issued R (El Gizouli) v Secretary of State for the Home Department [2020] UKSC 10. Due to the COVID-19 global pandemic, this was the court’s first judgment to be handed down remotely. It confirmed the importance of data protection laws to international transfers of personal information for law enforcement purposes and may have even broader ramifications.’

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Oxford Human Rights Hub, 13th April 2020

Source: ohrh.law.ox.ac.uk

Court overturns £39k order against solicitor for unpaid medical fees – Law Society’s Gazette

Posted April 15th, 2020 in appeals, damages, expert witnesses, fees, news, solicitors by sally

‘A law firm owner has successfully challenged a court order to pay a personal injury diagnosis provider around £39,000 for unpaid fees.’

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Law Society's Gazette, 14th April 2020

Source: www.lawgazette.co.uk

A word on Covid- 19, the use of arbitration and the Expansion of the Children’s Arbitration Scheme to include Relocation of Children – Family Law Week

Posted April 15th, 2020 in arbitration, children, coronavirus, families, family courts, foreign jurisdictions, news by sally

‘On the 6th April 2020 the much talked about expansion of the children arbitration scheme came into effect. This is a significant change to the now well established scheme launched in 2016. The scheme has had amendments to its rules along the way but until now, it has not received an extension of its scope. In summary, the scope of scheme has been expanded to include both temporary and permanent relocation of children to foreign jurisdictions that fall within article 2.2(c) below. This development could not be timelier, serving to reinforce arbitration as a strong and worthy contender to litigation.’

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Family Law Week, 14th April 2020

Source: www.familylawweek.co.uk

Suspects to avoid criminal charges in UK during Covid-19 crisis – The Guardian

Posted April 15th, 2020 in coronavirus, courts, criminal justice, Crown Prosecution Service, news, prosecutions by sally

‘Suspected offenders are set to avoid criminal charges under unprecedented new guidance to ease the burden on the justice system during the coronavirus outbreak.’

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The Guardian, 14th April 2020

Source: www.theguardian.com

High Court overturns decision not to prosecute rape allegation – UK Human Rights Blog

Posted April 15th, 2020 in appeals, Crown Prosecution Service, judicial review, news, prosecutions, rape, sexual offences, victims by sally

‘The Divisional Court has recently handed down a novel decision in R (FNM) v DPP, considering the right of complainants to a fair opportunity to make representations to the Director for Public Prosecutions (“DPP”), and for those representations to be considered, when conducting a review under the Victims’ Right to Review Scheme (“the VRR Scheme”).’

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UK Human Rights Blog, 14th April 2020

Source: ukhumanrightsblog.com

Government changes how outdoor exercise guidance applies to people with specific health needs – Local Government Lawyer

Posted April 15th, 2020 in autism, coronavirus, disabled persons, emergency powers, enforcement, freedom of movement, government departments, judicial review, learning difficulties, news, pre-action conduct, proportionality by sally

‘The Government has changed its leaving home guidance to permit people with specific health needs to exercise outside more than once a day and to travel to do so where necessary, following the threat of a judicial review challenge.’

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Local Government Lawyer, 14th April 2020

Source: www.localgovernmentlawyer.co.uk

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