Covid and sentencing: a round-up of the relevant authorities – Doughty Street Chambers

‘The pandemic has inarguably made custody more severe. Prisoners spend more time in their cell, have fewer visits, and face a heightened risk of infection. The higher courts have established that sentencing courts should account for such hardship. The below is a round-up of the relevant authorities.’

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Doughty Street Chambers, 4th March 2021

Source: insights.doughtystreet.co.uk

A brief update: COVID-19 related workplace disputes in Employment Tribunal – Parklane Plowden Chambers

‘As anticipated the start of 2021 has shown an increase in COVID-19 related claims being heard at employment tribunals. What type of claims have been heard so far and what should we expect to see more of?’

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Parklane Plowden Chambers, 1st March 2021

Source: www.parklaneplowden.co.uk

Would receipt of a Covid-19 vaccine be in a mentally incapacitated person’s best interests when other treatments are proposed by a family member? – Garden Court Chambers

‘V is in her early 70s and resides in a care home. She has Korsakoff’s syndrome. SD, V’s daughter, sought a declaration that it would not be in V’s best interests to administer a Covid-19 vaccine to V. The local authority argued it was in V’s best interests to receive the vaccine.’

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Garden Court Chambers, 26th February 2021

Source: www.gardencourtchambers.co.uk

Call for vulnerable victims to give video evidence amid courts backlog – The Guardian

‘Up to 10,000 vulnerable victims facing long delays for trials should be allowed to give evidence by video in an attempt to stop them falling out of the system, according to the victims’ commissioner for England and Wales.’

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The Guardian, 5th March 2021

Source: www.theguardian.com

Covid-19 Has Highlighted Why Secondary Legislation Needs Reforming – Each Other

Posted March 4th, 2021 in coronavirus, news, parliament, regulations by sally

‘Every year, Parliament makes hundreds of changes to UK law with little to no scrutiny from elected MPs. Partnering with EachOther, the legal charity Public Law Project has launched a video – available to watch below – calling for this process to be reformed. In this article, Alexandra Sinclair, the Public Law Project’s research fellow, explains more about the campaign.’

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Each Other, 4th March 2021

Source: eachother.org.uk

The government is hell-bent on diluting the Human Rights Act. We must protect it – Kate Allen – The Guardian

Posted March 4th, 2021 in coronavirus, human rights, judicial review, news by sally

‘These rights have been central to many key justice fights in the past 20 years, and we can’t allow politicians to take them away.’

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The Guardian, 3rd March 2021

Source: www.theguardian.com

Law in a Time of Crisis by Jonathan Sumption review – beyond the lockdown sceptic – The Guardian

‘The former judge and renowned historian loses his cool on Covid and the culture wars.’

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The Guardian, 3rd March 2021

Source: www.theguardian.com

Daniella Lock, Fiona de Londras and Pablo Grez Hidalgo: Parliamentary Engagement with Human Rights under COVID-19 and the Independent Human Rights Act Review – UK Constitutional Law Association

‘As the deadline for submissions to Independent Human Rights Act Review (IHRAR) passes this week, the appropriate division of constitutional labour in respect of human rights protection continues to attract debate. The terms of reference for the IHRAR suggests a focus on the role of the courts in protecting rights under the Human Rights Act 1998 (HRA). In particular, it asks whether the roles of the courts, Parliament and the Government are appropriately “balanced” in this respect. In our submission to the IHRAR we have highlighted that, in line with the structure and principles of the UK constitution, the HRA is designed to give Parliament a leading role in human rights protection. In spite of this, however, we have further noted that Parliament too often fails to undertake appropriate rights-related deliberation, scrutiny and engagement of legislative and policy action.’

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UK Constitutional Law Association, 3rd March 2021

Source: ukconstitutionallaw.org

Barrister tells of racial abuse on bus amid warnings pandemic is fuelling hatred – Daily Telegraph

‘People from Muslim backgrounds have become targets during the pandemic due to the “rabbit holes” of online conspiracies, campaigners have said as a barrister spoke out about a hate crime.’

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Daily Telegraph, 2nd March 2021

Source: www.telegraph.co.uk

Criminals escaping justice as victims drop court cases due to delays, watchdog warns – The Independent

‘Rapists and other serious criminals are walking free because victims are dropping court cases because of delays, a watchdog has warned.’

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The Independent, 2nd March 2021

Source: www.independent.co.uk

Covid: Family camping on cliff edge fined for lockdown breach – BBC News

Posted March 2nd, 2021 in coronavirus, fines, news, regulations by sally

‘A couple found camping “in a perilous position” on top of a cliff have been fined for breaching lockdown rules.’

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BBC News, 1st March 2021

Source: www.bbc.co.uk

High Court rejects application by mother to prevent local authority from imposing vaccinations on child in foster care – Local Government Lawyer

‘A High Court judge has rejected a mother’s application, supported by the father, to prevent a local authority from imposing a programme of vaccinations on a child in foster care without their consent.’

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Local Government Lawyer, 26th February 2021

Source: www.localgovernmentlawyer.co.uk

High Court: Covid self-employed support scheme does not unlawfully discriminate against women – UK Human Rights Blog

‘R (The Motherhood Plan and Anor) v HM Treasury [2021] EWHC 309 (Admin). In a judgment handed down on 17 February 2021, the High Court has ruled that the Self Employment Income Support Scheme (“the Scheme”) introduced during the coronavirus pandemic does not indirectly discriminate against self-employed women who have taken a period of leave relating to maternity or pregnancy in the last three tax years.’

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UK Human Rights Blog, 26th February 2021

Source: ukhumanrightsblog.com

High court dismisses case on ‘failure to give guidance on prioritising patients’ – The Independent

‘A legal challenge to the government’s alleged failure to issue national guidance on how to prioritise patients during the Covid-19 pandemic has been dismissed by the High Court.’

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The Independent, 28th February 2021

Source: www.independent.co.uk

The Covid-19 Pandemic as a Barder Event – Family Law Week

‘Richard Kershaw, partner at Hunters Law LLP, considers the implications of Mr Justice Cohen’s judgment in FRB v DRC (No 3).’

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Family Law Week, 25th February 2021

Source: www.familylawweek.co.uk

Family courts rule to inoculate children when parents disagree on the vaccination of their children – Garden Court Chambers

Posted February 25th, 2021 in children, consent, coronavirus, human rights, news, parental responsibility, vaccination by sally

‘Following the decision in Re H (A Child: Parental Responsibility: Vaccination), it was clarified that where two parents with parental responsibility disagree as to the proper course of action with respect to vaccination, the court becomes the decision maker through the mechanism of a specific issue order made under s8 of the Children Act 1989.’

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Garden Court Chambers, 24th February 2021

Source: www.gardencourtchambers.co.uk

Case Comment: R (Good Law Project & Others) v Secretary of State for Health AND Social Care [2021] EWHC 346 (Admin) – Late Publication of Coronavirus Contracts Unlawful – 39 Essex Chambers

‘Last Friday Chamberlain J handed down judgment in a challenge concerning the government’s compliance with procurement law and its own transparency guidance in the awarding of goods and services contracts during the COVID-19 pandemic. By reg. 50 of the Public Contracts Regulations 2015 the Secretary of State for Health and Social Care was obliged to send for publication a contract award notice (“CAN”) not later than 30 days after the award of a contract. By its transparency policy and principles it was obliged to publish details of any contract.’

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39 Essex Chambers, 23rd February 2021

Source: www.39essex.com

Stuck Between a Virus and a Human Rights Breach… – Garden Court Chambers

Posted February 25th, 2021 in carers, coronavirus, fostering, human rights, local government, news by sally

‘These are strange times and the risks posed by the pandemic are constantly changing and increasing. The impact of this on individuals is significant and concerns about personal safety are high. Balancing those concerns with schooling, home schooling and contact means this will become even more difficult.’

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Garden Court Chambers, 24th February 2021

Source: www.gardencourtchambers.co.uk

Capacity and best interests in relation to Covid-19 Vaccination – Garden Court Chambers

‘Mrs E was aged 80 and lived in a care home. She had diagnoses of dementia and schizophrenia.’

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Garden Court Chambers, 22nd February 2021

Source: www.gardencourtchambers.co.uk

Specific Issue Order for Vaccination-including COVID-19: M v H (Private Law Vaccination) [2020] EWFC 93 (15 December 2020) – Parklane Plowden Chambers

‘This hearing before MacDonald J was part of a wider private law dispute between parents regarding the children (P aged 6 and T aged 4) spending time with their father. A finding of fact hearing had already taken place, with a final hearing listed to commence on 21 December 2020. The original application from the father included a specific issue order, initially on MMR vaccination. This was then amended to vaccination in accordance with the NHS vaccination schedule.’

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Parklane Plowden Chambers, 24th February 2021

Source: www.parklaneplowden.co.uk