04/05/2020 – Current Awareness

Defining the Prerogative: The story of the Case of Proclamations – Falcon Chambers

Posted May 4th, 2020 in chambers articles, constitutional history, constitutional law, legal history, news, prerogative powers by sally

‘I am going to talk about some of the great politico-legal battles in the 17th Century which established the conceptual framework for what we call the Rule of Law. English constitutional history is no longer taught in our schools or as part of training for the Bar and so you may be unfamiliar with these three stories, all of which played a vital part in the development of our law and legal system.’

Falcon Chambers, April 2020

Source: www.falcon-chambers.com

Barton and Booth – note on the Court of Appeal decision on Ivey and Ghosh – Exchange Chambers

Posted May 4th, 2020 in appeals, chambers articles, deceit, fraud, interpretation, news by sally

‘In Barton and Booth v R [2020] EWCA Crim 575, the Criminal Division of the Court of Appeal considered the correct approach to be taken to dishonesty as it applies to the criminal law. In doing so, the Court confirmed that the test for dishonesty articulated in the Supreme Court decision of Ivey v Genting Casinos (UK) (trading as Crockfords Club) [2017] UKSC 67 displaced the test for dishonesty that had been laid down in R v Ghosh [1982] QB 1053 and which had applied in the criminal courts for 35 years.’

Exchange Chambers, 1st May 2020

Source: www.exchangechambers.co.uk

An Insight into Business Interruption Insurance: Causation & Quantum – Hailsham Chambers

Posted May 4th, 2020 in causation, chambers articles, company law, coronavirus, damages, insurance, news by sally

‘This article is the second in a series from Hailsham Chambers addressing insurance implications from the current Covid-19 situation. It explores various causation, mitigation and quantum issues that are likely to arise in that litigation.’

Hailsham Chambers, April 2020

Source: www.hailshamchambers.com

COVID-19 Deaths and PPE – The Coroner’s Role – Parklane Plowden Chambers

Posted May 4th, 2020 in chambers articles, coronavirus, coroners, doctors, emergency services, health, health & safety, hospitals, inquests, news, nurses by sally

‘Inevitably the COVID-19 pandemic will result in a significant increase in the workload of coroners and the number of inquests being heard. Cases where the virus may have been contracted in the workplace setting including frontline workers because of the lack of personal protective equipment (PPE) may be one significant area of potential inquiry.’

Parklane Plowden Chambers, 4th May 2020

Source: www.parklaneplowden.co.uk

Re A (Children) (Remote Hearing: Care and Placement Orders)[2020] EWCA Civ 583 – Broadway House Chambers

Posted May 4th, 2020 in appeals, care orders, children, coronavirus, courts, families, fostering, live link evidence, local government, news, remote hearings by sally

‘This is the first appeal in a case relating to the welfare of children to reach the Court of Appeal on the issue of remote hearings during the Covid-19 crisis.’

Broadway House Chambers, 1st May 2020

Source: broadwayhouse.co.uk

Covid-19 deaths and Inquests – Doughty Street Chambers

Posted May 4th, 2020 in chambers articles, coronavirus, coroners, death in custody, employment, health & safety, hospitals, industrial injuries, inquests, news by sally

‘An Inquest is not a foregone conclusion, since death by prevalent disease will not necessarily be considered “unnatural”. There is new guidance issued today (28 April 2020) by the Chief Coroner as to the circumstances in which in Inquest will be appropriate.’

Doughty Street Chambers, 28th April 2020

Source: insights.doughtystreet.co.uk

What are the data privacy considerations of Contact Tracing Apps? – UK Human Rights Blog

Posted May 4th, 2020 in computer programs, coronavirus, data protection, emergency powers, human rights, news, privacy by sally

‘Coronavirus presents a serious threat to society, legitimising the collection of public health data under Article 9:2 (g) of GDPR regulations, which allows the processing of such data if “necessary for reasons of substantial public interest”. Some of this collection will take the form of contact tracing apps, which have been used in containing the spread of coronavirus in countries such as Singapore.’

UK Human Rights Blog, 1st May 2020

Source: ukhumanrightsblog.com

Comply with ADR duty or risk costs sanction – Law Society’s Gazette

Posted May 4th, 2020 in costs, damages, dispute resolution, employment, news, sanctions, sexual offences, sport, vicarious liability by sally

‘The recent decision of DSN v Blackpool Football Club Limited [2020] EWHC 670 (QB) illustrates the need for litigating parties to consider and engage with alternative dispute resolution (ADR) procedures in trying to resolve their disputes.’

Law Society's Gazette, 4th May 2020

Source: www.lawgazette.co.uk

UK Supreme Court Relaxes the Test for Establishing a Breach of Article 3 in Medical Removal Cases – Oxford Human Rights Hub

Posted May 4th, 2020 in appeals, deportation, government departments, human rights, immigration, interpretation, medical treatment, news, Supreme Court by sally

‘On 29 April 2020, the UK Supreme Court handed down its judgment in the case of AM(Zimbabwe) v SSHD [2020] UKSC. This completes the domestic line of authority grappling with the ECtHR’s Grand Chamber’s judgment in Paposhvili v Belgium, which reformulated the applicable test where appellants allege that their proposed removal to a third country would be in breach of Article 3 ECHR as exposing them to inhuman or degrading treatment as a result of the unavailability of medical treatment there.’

Oxford Human Rights Hub, 3rd May 2020

Source: ohrh.law.ox.ac.uk

EP 110: Should the NHS be liable for commercial surrogacy expenses? – William Edis QC – Law Pod UK

Posted May 4th, 2020 in cancer, damages, foreign jurisdictions, hospitals, negligence, news, Supreme Court, surrogacy by sally

‘Rosalind English discusses with William Edis QC a recent Supreme Court ruling that a woman could claim against the NHS damages that covered a commercial surrogacy arrangement that would be illegal in this country. The principle is now clear, and there is no parliamentary appetite to overturn it. You can get compensation to make a commercial surrogacy arrangements abroad, if negligence has deprived you of the ability of bearing your own children.’

Law Pod UK, 1st May 2020

Source: audioboom.com

Nyasha Weinberg: Parliament must legislate on the government’s plans for contact tracing apps – UK Constitutional Law Association

Posted May 4th, 2020 in computer programs, constitutional law, coronavirus, data protection, emergency powers, human rights, news, parliament, privacy by sally

‘ Today the Joint Committee on Human Rights will take evidence from the Information Commissioner, academics and the CEO of NHSX on the risks to the right to privacy (Article 8 ECHR) if a contact tracing app is introduced to track and slow the spread of the coronavirus. This is helpful scrutiny of the government’s plans. Yet if the government goes ahead with its proposed contact-tracing application it is essential that the processing of large amounts of personal data by the state, even if done in the public interest, needs a clear legal basis in the form of specific legislation.’

UK Constitutional Law Association, 4th May 2020

Source: ukconstitutionallaw.org

Children’s Commissioner for England calls for revocation of “unnecessary” regulations relaxing children’s social care protections – Local Government Lawyer

Posted May 4th, 2020 in adoption, care orders, children, coronavirus, emergency powers, families, local government, news, social services by sally

‘The Children’s Commissioner for England, Anne Longfield, has sharply criticised the government’s relaxation of regulations relating to children’s social care, saying she does not believe that they are necessary except in one limited case.’

Local Government Lawyer, 1st May 2020

Source: www.localgovernmentlawyer.co.uk

Duchess of Sussex: Mail on Sunday wins first round in Meghan privacy case – BBC News

Posted May 4th, 2020 in copyright, damages, data protection, media, news, privacy, public interest, royal family, striking out by sally

‘The Mail on Sunday has won the first round of a legal battle against the Duchess of Sussex over the publication of a letter she wrote to her father.’

BBC News, 1st May 2020

Source: www.bbc.co.uk

Coronavirus: Courts must resume to deal with ‘backlog of cases’ – BBC News

Posted May 4th, 2020 in barristers, coronavirus, courts, criminal justice, delay, juries, Ministry of Justice, news, statistics, trials by sally

‘Victims are being left in “distressing limbo” due to a growing backlog of cases during the coronavirus pandemic, a top Cardiff barrister has warned.’

BBC News, 3rd May 2020

Source: www.bbc.co.uk

Women launch legal action to stop military courts trying UK rape cases – The Guardian

Posted May 4th, 2020 in armed forces, courts martial, Crown Prosecution Service, judicial review, news, police, rape, sexual offences, statistics, women by sally

‘Three women serving in the armed forces have begun legal action aimed at preventing the military courts from trying UK rape cases, complaining that the conviction rate is five to six times lower than in civilian courts.’

The Guardian, 3rd April 2020

Source: www.theguardian.com

Furloughed from work? It pays to know your rights – The Guardian

Posted May 4th, 2020 in company law, coronavirus, emergency powers, employment, news, remuneration by sally

‘The rules of the government’s job retention scheme are complex. We put your questions to an employment specialist to cut through the confusion.’

The Guardian, 3rd May 2020

Source: www.theguardian.com

Arrested children may be given legal advice automatically – Legal Futures

Posted May 4th, 2020 in children, criminal justice, legal representation, legal services, news, police, solicitors, young offenders, young persons by sally

‘The government is considering whether children in police stations should have to opt out of receiving legal advice, rather than opt in as now, it has emerged.’

Legal Futures, 4th May 2020

Source: www.legalfutures.co.uk

Make bedside oral wills legal during pandemic, UK campaigners urge – The Guardian

Posted May 4th, 2020 in bereavement, coronavirus, emergency powers, families, Ministry of Justice, news, wills by sally

‘Oral wills should be made legal during the coronavirus pandemic in the same way that they are permitted in times of war, say campaigners.’

The Guardian, 2nd May 2020

Source: www.theguardian.com

The Adoption and Children (Coronavirus) (Amendment) Regulations 2020, and a little bit of history. – Transparency Project

Posted May 4th, 2020 in adoption, care orders, children, coronavirus, emergency powers, families, fostering, local government, news, social services, statutory interpretation by sally

‘The regulations make changes to the duties that local authorities have with regards to safeguarding children. These are temporary changes and the regulations give a date in September 2020 for them to lapse. This date can be extended, reviewed or simply removed. They were simply made by virtue of the Coronavirus Act 2020. Parliament did not need to approve them first.’

Transparency Project, 3rd May 2020

Source: www.transparencyproject.org.uk

High Court judge sends copy of ruling to ministers to express concern over “nationwide problem” of lack of capacity for secure care – Local Government Lawyer

Posted May 4th, 2020 in care orders, children, families, family courts, government departments, judges, local government, news by sally

‘A High Court judge has sent ministers a copy of a ruling in which he expressed concern at a “nationwide problem” of the very limited capacity in the children’s social care system for young people with complex needs who need secure care.’

Local Government Lawyer, 29th April 2020

Source: www.localgovernmentlawyer.co.uk

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