24/04/2020 – Page 3 – Current Awareness

The Pubs Code and the Crisis in the Hospitality Industry – Falcon Chambers

Posted April 24th, 2020 in chambers articles, coronavirus, licensed premises, news by sally

‘Unfortunately, for both pub tenants and pub landlords, under regulation 4 of the Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 (“the Emergency Regulations”), a person responsible for running a pub (amongst various other types of business) must close any premises (or part thereof) in which food and drink are sold for consumption on those premises during the emergency period defined in regulation 3. Any customers would also breach regulation 6 by leaving the place they were living without reasonable excuse.’

Falcon Chambers, April 2020

Source: www.falcon-chambers.com

EHRC warning on use of video hearings in criminal cases – Legal Futures

Posted April 24th, 2020 in coronavirus, courts, disability discrimination, disabled persons, equality, Equality and Human Rights Commission, live link evidence, miscarriage of justice, news by sally

‘The Equality and Human Rights Commission (EHCR) has called on the government to take action to reduce the risk of disabled people being wrongly convicted because of video hearings in criminal cases.’

Legal Futures, 24th April 2020

Source: www.legalfutures.co.uk

What Standard of Care Should Hospitals be Held to in the COVID-19 Outbreak? – 39 Essex Chambers

Posted April 24th, 2020 in chambers articles, coronavirus, doctors, health, health & safety, hospitals, negligence, news, nurses, professional conduct, standards by sally

‘It is no secret that Covid-19 is placing huge strain on the NHS, with ramifications across all parts of an already stretched organisation. Hospitals nationwide have been told to prepare for a tsunami of patients demanding very high levels of care. They are having to do so while facing staff shortages and worries over the supply of essential equipment. In an effort to cope, retired doctors and not-yet-fully qualified doctors have been drafted in. In such circumstances, it is inevitable that accidents will happen and errors will be made. Once all of this is over, it is a regrettable fact that litigation will ensue. Will the law step up to protect the professionals who have done so much to save lives and ready the nation for the post-corona world? This short article argues that it can and should, most obviously by recognising that desperate circumstances should be reflected in the standard of care applied to hospitals and medical professionals working in response to Covid-19.’

39 Essex Chambers, 22nd April 2020

Source: www.39essex.com

The lawfulness of the Coronavirus Restrictions Legislation imposing ‘Lockdown’ – UK Police Law Blog

Posted April 24th, 2020 in coronavirus, emergency powers, freedom of movement, news, statutory interpretation by sally

‘The Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 and the similar (but not identical) regulations made in the other 3 nations of the UK (together, “the ‘Lockdown’ Regulations”) have been suggested by some to be unlawful (being ultra vires their parent statute) insofar as they purport to criminalise all those leaving the places where they are living, as opposed to merely those who may be infected. This blog examines the main arguments and explains the legal consequences if those arguments are right.’

UK Police Law Blog, 23rd April 2020

Source: ukpolicelawblog.com

Council fails in appeal over power to issue mother with community protection notice regarding anti-social behaviour of son – Local Government Lawyer

Posted April 24th, 2020 in appeals, children, community protection notices, families, local government, news, statutory interpretation by sally

‘Justices in Staffordshire were right to conclude that on the proper construction of section 43 of the Anti-Social Behaviour, Crime and Policing Act 2014, a council had no power to issue a Community Protection Notice (“CPN”) in the name of a mother concerning the conduct of her child, the Divisional Court has ruled.’

Local Government Lawyer, 22nd April 2020

Source: www.localgovernmentlawyer.co.uk

Adverse Possession by Diverting Rent: The Most Unfair Nonsense – Falcon Chambers

Posted April 24th, 2020 in adverse possession, chambers articles, land registration, news, rent by sally

‘Gary Cowen QC considers a recent decision of the First Tier Tribunal (Land Registration) on adverse possession claims to unregistered land based on the collection of rent for a period of twelve years.’

Falcon Chambers, April 2020

Source: www.falcon-chambers.com

P (A Child: Remote Hearing) (Rev 3) [2020] EWFC 32: When is remote justice not justice? – Transparency Project

Posted April 24th, 2020 in care orders, child cruelty, children, coronavirus, families, family courts, live link evidence, news, remote hearings by sally

‘Re P (A Child: Remote Hearing) (Rev 3) [2020] EWFC 32 is a decision of the President of the Family Division and Head of Family Justice, Sir Andrew McFarlane, about whether or not a 15 day trial should go ahead remotely. The trial was set down within care proceedings to determine very serious allegations that the mother had harmed her seven-year-old daughter by fabricating or inducing illness (known in the trade as FII).’

Transparency Project, 23rd April 2020

Source: www.transparencyproject.org.uk

Resuscitation and the value of a disabled person’s life: Triaging and Covid19 – Cloisters

Posted April 24th, 2020 in chambers articles, coronavirus, disability discrimination, disabled persons, equality, human rights, medical treatment, news by sally

‘What is your life worth? If you get Covid19, what criteria do you want clinicians to apply when triaging your case? Choices on withholding treatment have become starkly real in the Covid19 emergency. Such choices should be made on a basis respecting the dignity of the individual patient and not based on stereotypes relating to age or disability. The emergent guidance is not clear on these issues.’

Cloisters, 22nd April 2020

Source: www.cloisters.com

The UK Government’s guidance on combating coronavirus in care homes is inconsistent with WHO standards – Doughty Street Chambers

Posted April 24th, 2020 in care homes, chambers articles, codes of practice, coronavirus, government departments, health, human rights, news, standards by sally

‘This paper contributes a combined human rights perspective and an infection prevention and control perspective to the COVID-19 situation in long-term care homes in the UK.’

Doughty Street Chambers, 21st April 2020

Source: insights.doughtystreet.co.uk

Lollipop man attacked with own stick during man’s assault spree – BBC News

Posted April 24th, 2020 in assault, criminal damage, imprisonment, news, sentencing by sally

‘A man has been jailed after a string of assaults in one day which, officers say, culminated in him smearing his own faeces across a police cell.’

BBC News, 23rd April 2020

Source: www.bbc.co.uk

R (Joint Council for the Welfare of Immigrants) v Secretary of State for the Home Department – Blackstone Chambers

Posted April 24th, 2020 in appeals, chambers articles, equality, housing, human rights, immigration, landlord & tenant, news by sally

‘The Court of Appeal (Davis, Henderson and Hickinbottom LJJ) has today [21 April] handed down judgment in this case. It has allowed the Secretary of State’s appeal against the High Court’s conclusion that the “right to rent” scheme, set out in sections 20-37 of the Immigration Act 2014, is incompatible with Article 14 ECHR (read with Article 8).’

Blackstone Chambers, 21st April 2020

Source: www.blackstonechambers.com

Leading forensic scientist wins sex discrimination case – Daily Telegraph

Posted April 24th, 2020 in compensation, constructive dismissal, employment, employment tribunals, forensic science, news, sex discrimination, sexual orientation discrimination by sally

‘One of Britain’s leading forensic scientists was a victim of sexual discrimination after she was asked by her boss whether she disliked him because she was gay, an employment tribunal has ruled.’

Daily Telegraph, 23rd April 2020

Source: www.telegraph.co.uk

Car owner killed vandal caught damaging wing-mirror – BBC News

Posted April 24th, 2020 in alcohol abuse, news, sentencing, suspended sentences, unlawful killing by sally

‘A car owner who fatally injured a vandal caught damaging his wing-mirror has been given a suspended sentence.’

BBC News, 23rd April 2020

Source: www.bbc.co.uk

Knife offences hit record high in 2019 in England and Wales – The Guardian

Posted April 24th, 2020 in news, offensive weapons, police, statistics, violence by sally

‘The number of offences involving knives recorded by police in England and Wales in 2019 was the highest on record, official statistics show, with big cities driving up the numbers.’

The Guardian, 23rd April 2020

Source: www.theguardian.com

HMT Direction issued on furlough under the Coronavirus Job Retention Scheme – 11KBW

Posted April 24th, 2020 in chambers articles, coronavirus, emergency powers, employment, news, practice directions, remuneration by sally

‘Since announcing the Coronavirus Job Retention Scheme (the “Scheme”) in mid-March, the Government has issued several iterations of Guidance which explain the Scheme – not all in the same way. On 15 April 2020, HMT issued the ‘Coronavirus Act 2020 Functions of Her Majesty’s Revenue and Customs (Coronavirus Job Retention Scheme) Direction’ (the “Direction”). It is the Direction which finally provides a basis in law for the Scheme and to which close attention should now be paid.’

11KBW, April 2020

Source: www.11kbw.com

Commercial property landlords banned from demanding rent arrears – The Guardian

Posted April 24th, 2020 in coronavirus, debts, landlord & tenant, news, rent, repossession, winding up by sally

‘Commercial property landlords in the UK have been temporarily banned from taking legal action against tenants who have not paid their rent, to protect retailers and other businesses from “aggressive rent collection” during the coronavirus crisis.’

The Guardian, 23rd April 2020

Source: www.theguardian.com

«
1
2
3

Categories

Archives