Four in ten parents “do not understand remote hearings” – Legal Futures

Posted October 28th, 2020 in coronavirus, families, family courts, news, remote hearings, statistics by sally

‘Four in ten parents who have been involved in a remote family hearing say they did not understand it, a major study has discovered.’

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Legal Futures, 28th October 2020

Source: www.legalfutures.co.uk

Covid measures will be seen as ‘monument of collective hysteria and folly’ says ex-judge – The Guardian

‘The government has deliberately stoked fear over coronavirus while behaving like an authoritarian regime relying on police state tactics, according to the former supreme court justice Jonathan Sumption.’

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The Guardian, 27th October 2020

Source: www.theguardian.com

Stuart Wallace: A Triple Threat to the Rule of Law – UK Constitutional Law Association

Posted October 27th, 2020 in armed forces, bills, brexit, coronavirus, immunity, news, regulations, rule of law by sally

‘A trio of threats to the rule of law present themselves in parliament at this time: The Internal Market Bill, the Overseas Operations Bill and the inexorable flow of Health Protection Regulations. Before discussing the nature of the threats, it may be useful to highlight the distinct principles of the rule of law that are concerned. While the concept of the rule of law may have been debated by legal scholars for centuries, I am confident that adherents to both the substantive and formal conceptions of the rule of law would be equally affronted by recent developments in Parliament.’

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UK Constitutional Law Association, 27th October 2020

Source: ukconstitutionallaw.org

UK Covid policy for children in detention ‘cruel and inhumane’, says UN expert – The Guardian

Posted October 27th, 2020 in children, coronavirus, detention, mental health, news, United Nations, young offenders by sally

‘The UK government’s policy of allowing children in detention to be locked alone in their cells for up to 23 hours a day under emergency Covid-19 measures is “extreme and inhumane” and could lead to lifelong mental health damage, according to the UN special rapporteur on torture and leading child health experts.’

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The Guardian, 27th October 2020

Source: www.theguardian.com

Babies being removed from mothers during remote hearings – report – The Guardian

‘New mothers are having their babies taken into care during remote video and phone hearings from hospital, according to a report on justice during the coronavirus pandemic.’

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The Guardian, 27th October 2020

Source: www.theguardian.com

Police ‘failings’ to be considered at new inquest into death of Susan Nicholson – Daily Telegraph

‘The family of a woman murdered by a double killer have won a legal battle for a new inquest into her death to consider potential police failings.’

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Daily Telegraph, 23rd October 2020

Source: www.telegraph.co.uk

Possession Proceedings: Where are they now? – Tanfield Chambers

‘When the stay on possession proceedings first came into force on 27 March 2020, it appeared to be a straight-forward (albeit blunt) tool to help the Courts manage the effects of the Coronavirus.’

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Tanfield Chambers, 5th October 2020

Source: www.tanfieldchambers.co.uk

Female lawyers anxious over disproportionate impact of Covid – Legal Futures

‘Almost a quarter of women in the profession have not seen their incomes return to pre-Covid levels with one in five still on less than their previous working hours, a survey has found.’

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Legal Futures, 23rd October 2020

Source: www.legalfutures.co.uk

Rape prosecutions and convictions dropped by half early in UK pandemic – The Guardian

‘Prosecutions for crimes against women and girls in England and Wales plummeted in the first three months of the coronavirus pandemic, reflecting a backlog in the court system exacerbated by the UK-wide shutdown and subsequent social distancing measures.’

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The Guardian, 22nd October 2020

Source: www.theguardian.com

Covid: ‘Perfect storm’ causing employment tribunal backlog – BBC News

Posted October 22nd, 2020 in benefits, coronavirus, delay, employment tribunals, mental health, news, redundancy by sally

‘Concerns are being raised over a Covid-related backlog of tribunal cases involving people who believe they have lost their jobs unfairly.’

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BBC News, 22nd October 2020

Source: www.bbc.co.uk

Furlough and administration: when is a contract of employment ‘adopted’? – Exchange Chambers

‘The Coronavirus Job Retention Scheme (the scheme) has been ground breaking for employers, employees and administrators of insolvent companies, each of whom have swiftly adjusted to the practical and commercial effects of the scheme. The scheme very quickly gave rise to applications to the High Court, by administrators of high-profile companies, for directions as to whether a contract of employment of a “furloughed employee” had been “adopted” by an administrator. If it was, the “wages or salary” (which are defined by paragraph 99(6) of schedule B1 of the Insolvency Act 1986 (the Act) to include holiday pay and sick pay) would have super-priority over (a) the administrators’ remuneration and (b) a floating charge, under paragraph 99(3) and (4) of schedule B1 of the Act.’

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Exchange Chambers, 13th October 2020

Source: www.exchangechambers.co.uk

Financial Remedy: OG v AG [2020] EWFC 52: Value of a business, Covid, Brexit and Beyond – Becket Chambers

‘During these troubled times, when a reliable crystal ball would be helpful, the case of OC v AG [2020] EWFC 52 in which judgement was handed down on the 29th of July 2020, is of interest.’

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Becket Chambers, 2nd October 2020

Source: becket-chambers.co.uk

Post-furlough redundancies: ‘It is important that workers know their rights’ – St Philips Barristers

Posted October 21st, 2020 in chambers articles, coronavirus, employment, news, redundancy by sally

‘The coronavirus pandemic has caused a wealth of uncertainty for both employers and employees.’

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St Philips Barristers, 15th October 2020

Source: st-philips.com

Green light for Mortgage Repossessions? – No. 5 Chambers

‘On 31 October 2020, the ban on repossession proceedings comes to an end. Approximately 1.8 million people have taken a deferral on a mortgage, and the second period of deferral is now coming to an end. Lenders may commence or continue with possession proceedings if appropriate.’

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No. 5 Chambers, 13th October 2020

Source: www.no5.com

Brian Napier QC on Remote Working and Employment Rights – Cloisters

Posted October 21st, 2020 in chambers articles, coronavirus, employment, flexible working, news by sally

‘Recent events have shown both the scope the internet offers for working away from the office, and the readiness of many employers to contemplate such a change in the working patterns of their white-collar staff. While there are many reservations about the net benefits of remote working (not least because of the impact it has on inner-city businesses struggling to survive with a reduced customer base), there are indications that a fairly major shift in practice is taking place.’

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Cloisters, 9th October 2020

Source: www.cloisters.com

Covid: prisoner mental health at risk of ‘irreparable damage’ – The Guardian

Posted October 21st, 2020 in coronavirus, health, mental health, news, prisons, recidivists, rehabilitation by sally

‘Locking up prisoners in what amounts to solitary confinement under Covid restrictions risks causing “irreparable damage” to their mental health and does nothing to reduce reoffending, the chief inspector of prisons in England and Wales has said.’

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The Guardian, 20th October 2020

Source: www.theguardian.com

Statutory Instruments: the Unseen Constitutional Crisis – Blackstone Chambers

Posted October 20th, 2020 in brexit, constitutional law, coronavirus, legislative drafting, news, regulations by sally

‘Why is legislating by Statutory Instrument so tempting for Government?’

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Blackstone Chambers, 14th October 2020

Source: www.blackstonechambers.com

Prisoners locked up for 23 hours due to Covid rules is ‘dangerous’ – BBC News

Posted October 20th, 2020 in coronavirus, mental health, news, prisons by sally

‘Prisoners being locked in their cells for 23 hours a day under Covid restrictions is dangerous, the chief inspector of prisons has warned.’

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BBC News, 20th October 2020

Source: www.bbc.co.uk

Assessing the Home Office’s pandemic response – Law Society’s Gazette

Posted October 20th, 2020 in coronavirus, freedom of movement, government departments, immigration, news by sally

‘Earlier this year, Covid-19 threw the UK’s immigration landscape into disarray. Travel restrictions, reduced working capacity at the Home Office and temporary shutdown of third-party providers caused much uncertainty for those trapped overseas and those in the UK. Added to this were the loss of jobs, salary reductions and individuals no longer being able to meet the requirements of their stay. Below we consider some of the key measures the Home Office introduced over this period for overseas nationals with time-limited restrictions in the UK.’

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Law Society's Gazette, 19th October 2020

Source: www.lawgazette.co.uk

Equality gains in the UK risk being reversed by coronavirus, says EHRC – The Guardian

Posted October 20th, 2020 in coronavirus, equality, human rights, news, reports by sally

‘Hard-won gains in equality and human rights in the UK are at risk of being reversed by the coronavirus pandemic, and society, the economy and living standards are facing long-lasting damage, the UK human rights watchdog has said.’

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The Guardian, 20th October 2020

Source: www.theguardian.com