Month: May 2020

Company Director Disqualification in the Criminal Courts – Henderson Chambers

Posted May 7th, 2020 in company directors, disqualification, environmental protection, health & safety, news, prosecutions by sally

‘Criminal courts have sweeping powers to disqualify directors arising from prosecutions for regulatory crime, with far-reaching consequences for companies and individuals. This Alerter provides an essential guide for practitioners to approaching director’s disqualification orders at a time when the HSE, Environment Agency and other regulators show a growing appetite to prosecute individuals.’

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Henderson Chambers, 29th April 2020

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No bull: farmers and footpaths during the COVID-19 lockdown – Landmark Chambers

Posted May 7th, 2020 in agriculture, coronavirus, footpaths, news by sally

‘The relationship between those using public footpaths and those whose land is crossed by public footpaths is often one of an uneasy truce. Farmers know all too well the damage nuisance and fear which can be and is caused by walkers straying from public footpaths, by uncontrolled dogs and by failures to comply with the Countryside Code. On the other side of the coin, incidents such as unlawful obstructions on or the long-term ploughing of public footpaths are not unknown.’

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Landmark Chambers, 4th May 2020

Source: www.landmarkchambers.co.uk

Niran de Silva on the Law Commission Report on Employment Law Hearing Structures – Littleton Chambers

Posted May 7th, 2020 in employment tribunals, Law Commission, news, reports by sally

‘On 29 April 2020, the Law Commission published its report on Employment Law Hearing Structures. The Report runs to just over 200 pages and concludes with 23 recommendations to improve the Employment Tribunal’s ability to resolve disputes.’

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Littleton Chambers, 30th April 2020

Source: littletonchambers.com

The desire to live: AM (Zimbabwe) v Secretary of State for the Home Department [2020] UKSC 17 – No. 5 Chambers

Posted May 7th, 2020 in appeals, deportation, government departments, HIV, human rights, immigration, interpretation, medical treatment, news, Supreme Court by sally

‘In AM (Zimbabwe) v Secretary of State for the Home Department [2020] UKSC 17, Lord Wilson calls the European Court on Rights out on its claim that in Paposhvili v Belgium [2017] Imm AR 867, it was doing no more than “clarifying” its judgment in N v United Kingdom (2008) 47 EHRR 39 as to the circumstances in which removal or deportation will breach Article 3 of the European Convention on Human Rights. Close readers of the judgment in Paposhvili will be well aware of the numerous points at which the court uses, it is hard to doubt, intentionally, the very same language as is used in N to come to different conclusions.’

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No. 5 Chambers, 29th April 2020

Source: www.no5.com

Clandestine Courtship: can you visit your lover in lockdown? – The 36 Group

Posted May 7th, 2020 in accomplices, coronavirus, incitement, news, regulations by sally

‘On Wednesday 6 May, the UK awoke to a scandal: a senior scientific adviser to the government, Professor Neil Ferguson, resigned from his position on the government advisory body SAGE after the Telegraph revealed that Ms Antonia Staats – his “married lover” – had visited him at home during lockdown. The Metropolitan Police soon announced that they would investigate the incident.’

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The 36 Group, 7th May 2020

Source: 36group.co.uk

Contracting Covid-19 at work – who needs to know? Chief Coroner’s Guidance 37 & RIDDOR – Park Square Barristers

Posted May 7th, 2020 in coronavirus, coroners, employment, health & safety, news, notification by sally

‘The vast majority of deaths from Covid-19 will not be referred to the Coroner and even fewer will result in an inquest into the death. However, when an employee dies from Covid-19 it may have to be reported to both the Health and Safety Executive (“HSE”) and the Coroner.’

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Park Square Barristers, 29th April 2020

Source: www.parksquarebarristers.co.uk

Successful remote hearings: Shannon Woodley discusses the case of T v Derby City Council, A, B and X [2020] EWCA Civ 507 – Park Square Barristers

Posted May 7th, 2020 in child abuse, evidence, live link evidence, news, remote hearings by sally

‘On 7th April 2020, in one of the first hearings of its kind to be held remotely, the Court of Appeal set aside findings that a father perpetrated sexual abuse against his 9 year old daughter, X.’

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Park Square Barristers, 29th April 2020

Source: www.parksquarebarristers.co.uk

The impact of Coronavirus, part 7: the possible next steps for the jury system – 6KBW College Hill

Posted May 7th, 2020 in coronavirus, criminal justice, juries, news by sally

‘In a series of Blog posts, members of 6KBW have identified a number of ways in which the COVID-19 pandemic has led to change in the administration of criminal justice, namely in relation to jury trials as presently conducted, the extension of audio/visual links and virtual hearings, through the offences created by the Coronavirus Act 2020 and in the context of extradition. As the country enters its second 3 week period of lockdown, this post seeks to look ahead to consider the possible next steps that the continued risk of infection by the virus may force on the administration of criminal justice in that most important but least socially detached component of the criminal justice system, the jury.’

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6KBW College Hill, 27th April 2020

Source: blog.6kbw.com

The Adoption and Children (Coronavirus) (Amendment) Regulations 2020 – Spire Barristers

Posted May 7th, 2020 in adoption, children, coronavirus, news, regulations by sally

‘On Friday 24 April 2020, the Government passed a statutory instrument making potentially significant changes to the Care Planning, Placement and Case Review Regulations 2010, and the obligations on local authorities imposed by those regulations. In addition to the amendments to the 2010 Regulations, other regulations were amended including the Adoption Agencies Regulations 2005, and the Fostering Services Regulations 2011. This briefing note summarises the main changes to the requirements for local authorities.’

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Spire Barristers, 28th April 2020

Source: spirebarristers.co.uk

Court of Appeal upholds hostile environment policy requiring landlords to check immigration status of prospective tenants – 5SAH

Posted May 7th, 2020 in human rights, immigration, judicial review, landlord & tenant, news by sally

‘The ‘hostile environment’ policy was introduced in 2012 by then Home Secretary Theresa May. It combines administrative and legal measures designed to make life in the UK so difficult for irregular migrants that they are forced to leave the country. The hallmark of the policy is the empowerment of private citizens and public servants to routinely carry out immigration checks as part of many aspects of everyday life, including renting a property, applying for jobs and accessing public services.’

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5SAH, 7th May 2020

Source: www.5sah.co.uk

Child Arrangement Orders and Coronavirus – I’m not seeing my child what can I do ? – Becket Chambers

Posted May 7th, 2020 in child arrangements orders, children, coronavirus, family courts, news by sally

‘From the moment that the Government announced the possibility of lockdown measures being imposed, lawyers were inundated with questions about whether and how Child Arrangements Orders should be implemented over this period.’

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Becket Chambers, 29th April 2020

Source: becket-chambers.co.uk

Children seeing parents “distressed” by remote hearings – Legal Futures

Posted May 7th, 2020 in confidentiality, coronavirus, families, family courts, live link evidence, news, remote hearings, reports, telephone hearings by sally

‘Children are “coming in and out of the room” during remote family law hearings and in some cases witnessing their “distressed” parents, a major study has found.’

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Legal Futures, 7th May 2020

Source: www.legalfutures.co.uk

“Almost as of course”? Injunctions restraining trespass, the stay on possession claims and the decision in University College London Hospitals NHS Foundation Trust v MB – Falcon Chambers

Posted May 7th, 2020 in coronavirus, hospitals, injunctions, news, repossession, stay of proceedings, trespass by sally

‘The current coronavirus crisis has paralysed possession proceedings, by means of the general stay imposed by paragraph 2 of the new practice direction PD51Z. The decision in University College London Hospitals Foundation Trust v MB [2020] EWHC 882 (QB), in which Chamberlain J granted an injunction requiring a hospital inpatient to vacate her ward, therefore sparked surprise and comment.’

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Falcon Chambers, 23rd April 2020

Source: www.falcon-chambers.com

Working from Home during COVID-19 – Thomas More Chambers

Posted May 7th, 2020 in confidentiality, coronavirus, data protection, flexible working, health & safety, news, working time by sally

‘During these unprecedented times, working from home on a full-time basis has become the ‘new normal’. This is in stark contrast to before the coronavirus (COVID-19) pandemic began, when out of 32.6 million people in employment, only 1.7 million regularly worked from home. The change to enforced homeworking was swift and represented significant changes to the lifestyle and routines of both employers and employees, which, in turn, creates a number of legal and practical issues for employers. It is currently unknown how long homeworking will last for, or indeed if the outbreak of COVID-19 will cause a shift towards homeworking on a permanent basis.’

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Thomas More Chambers, 30th April 2020

Source: www.thomasmore.co.uk

Court upholds ban on anti-abortion poster targeting Stella Creasy – The Guardian

Posted May 7th, 2020 in abortion, freedom of expression, human rights, local government, news by sally

‘An anti-abortion campaigner who is banned from displaying a poster featuring an image of a dead foetus alongside a picture of the Labour MP Stella Creasy has failed to overturn a council order against him.’

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The Guardian, 6th May 2020

Source: www.theguardian.com

How Should Reviewing Officers Approach the Question of Intentionality? – St Ives Chambers

Posted May 7th, 2020 in domestic violence, harassment, homelessness, housing, local government, news by sally

‘This article focusses on the approach that reviewing officers should take when deciding whether someone has made themselves intentionally homeless following the Court of Appeal’s decision in LB v London Borough of Tower Hamlets [2020] EWCA Civ 439.’

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St Ives Chambers, 29th April 2020

Source: www.stiveschambers.co.uk

Client “must not select documents” for disclosure – Litigation Futures

Posted May 7th, 2020 in disclosure, documents, news, practice directions, solicitors by sally

‘It is “fundamental” to the disclosure duties of solicitors that clients are not allowed to select relevant documents, the High Court has stressed.’

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Litigation Futures, 6th May 2020

Source: www.litigationfutures.com

Eight-year-old boy takes Home Office to court for denying family benefits – The Guardian

Posted May 7th, 2020 in benefits, children, coronavirus, immigration, judicial review, news by sally

‘An eight-year-old British boy is taking the Home Office to the high court over its policy of denying families like his access to the welfare safety net.’

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The Guardian, 6th May 2020

Source: www.theguardian.com

W v H (Divorce Financial Remedies) [2020] EWFC B10 – Pump Court Chambers

Posted May 7th, 2020 in coronavirus, divorce, financial provision, news, pensions by sally

‘Jack Rundall considers the case of W v H (divorce financial remedies) [2020] EWFC B10 in relation to the treatment of pensions on divorce, a case which he suggests is being under-reported amongst the concerns surrounding Covid 19.’

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Pump Court Chambers, 1st May 2020

Source: www.pumpcourtchambers.com

Coronavirus: UK detention centres ’emptied in weeks’ – BBC News

Posted May 7th, 2020 in coronavirus, detention, immigration, news, statistics by sally

‘The number of people held in UK immigration removal centres has dropped by more than two thirds during the pandemic, figures reveal.’

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BBC News, 7th May 2020

Source: www.bbc.co.uk