Master of the Rolls issues statement on resumption of possession cases – Local Government Lawyer

Posted September 23rd, 2020 in coronavirus, debts, housing, judges, landlord & tenant, news, rent, repossession, time limits by sally

‘The Master of the Rolls, Sir Terence Etherton, has published a statement on the resumption of possession cases from 20 September.’

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Local Government Lawyer, 21st September 2020

Source: www.localgovernmentlawyer.co.uk

Courtroom drama: Salford’s Lowry Theatre to become Nightingale court – The Guardian

Posted September 23rd, 2020 in coronavirus, courts, Crown Court, delay, Ministry of Justice, news, statistics, theatre, trials by sally

‘There are many barristers who like to imagine they could have succeeded on the stage, hamming it up in their wigs and gowns and addressing the jury like Laurence Olivier doing Richard III.’

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The Guardian, 23rd September 2020

Source: www.theguardian.com

‘I’m traumatised now’: Covid bereaved call for inquiry into NHS 111 – The Guardian

Posted September 22nd, 2020 in bereavement, coronavirus, inquiries, news by sally

‘Families whose relatives died from Covid-19 in the early period of the pandemic are calling for an inquiry into the NHS 111 service, arguing that many critically ill people were given inadequate advice and told to stay at home.’

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The Guardian, 21st September 2020

Source: www.theguardian.com

‘Farcical’ legal hold-ups caused by ageing systems – BBC News

Posted September 22nd, 2020 in adoption, computer programs, coronavirus, delay, news by sally

‘When Louise Westra and her partner decided to adopt a child in November 2018, they were aware of the long process that was ahead of them, but they were not to know that the coronavirus pandemic would hold them back from completing the adoption of their son.’

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BBC News, 22nd September 2020

Source: www.bbc.co.uk

Leah Trueblood: ‘Following the Science:’ a Legal and Democratic Challenge – UK Constitutional Law Association

‘During a pandemic, it seems like a good idea for politicians to “follow the science.” But what does this actually mean? The claim that the Government is “following the science” is in many respects laudable, but is it also a convenient way to avoid or limit accountability? Due to a lack of transparency, it is unclear whether and to what extent substantive decisions are being made by scientists, or if this is just a politically helpful turn of phrase. A recent Institute for Government report Decision Making in a Crisis: First Responses to the Coronavirus Pandemic potentially provides some insight into this question. The report says that when deciding whether to lockdown the country in March, the Government looked to science for “answers” for what to do, rather than as part of a range of inputs into a decision-making process. Is the Government delegating decisions for which, under statute, it is exclusively responsible? Possibly. It is necessary to consider how decision-making and accountability mechanisms for decision-makers must be modified to reflect this change in who exercises power in the United Kingdom and how. It is often argued that scientists should be “on tap but not on top.” This post asks if this “on tap not on top” relationship is possible during a pandemic, and to assess the challenges for legal and democratic accountability if it is not.’

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UK Constitutional Law Association, 21st September 2020

Source: ukconstitutionallaw.org

Coronavirus approach ‘creates risks for the rule of law’ – Law Society’s Gazette

Posted September 21st, 2020 in coronavirus, human rights, news, parliament, rule of law, select committees by sally

‘The government’s approach to the coronavirus is creating risks for the rule of law, politicians have warned in a report looking at the human rights implications of Covid-19.’

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Law Society's Gazette, 21st September 2020

Source: www.lawgazette.co.uk

Judges parachuted in to help employment tribunal backlog – Litigation Futures

Posted September 21st, 2020 in coronavirus, delay, employment, employment tribunals, news by sally

‘Deploying non-employment judges into employment tribunals (ETs) and more remote hearings are part of a package of measures announced by the government yesterday to help the system cope with the high level of demand.’

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Litigation Futures, 18th September 2020

Source: www.litigationfutures.com

Judge refuses to stand aside amid row over UK Covid trial delays – The Guardian

‘A senior judge has refused to step down from a case involving custody time limits after she replaced another judge who criticised the government over delays in delivering justice.’

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The Guardian, 18th September 2020

Source: www.theguardian.com

£10,000 fines warning for failing to self-isolate as England Covid infections soar – The Guardian

Posted September 21st, 2020 in care homes, children, coronavirus, emergency powers, enforcement, fines, news, statistics by sally

‘People in England who refuse to self-isolate when required to do so will face fines of up to £10,000 under an emergency “carrot and stick” plan to control the second wave of Covid-19 sweeping the country.’

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The Guardian, 20th September 2020

Source: www.theguardian.com

Renters: Eviction cases resume after six-month ban – BBC News

Posted September 21st, 2020 in coronavirus, debts, delay, domestic violence, housing, landlord & tenant, news, rent, repossession by sally

‘Eviction hearings will now resume in courts in England and Wales – but the most serious cases will be given priority.’

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BBC News, 21st September 2020

Source: www.bbc.co.uk

Parliament surrendered role over Covid emergency laws, says Lady Hale – The Guardian

‘The former president of the supreme court says parliament “surrendered” its role over emergency laws restricting freedoms amid the coronavirus pandemic, in an intervention expected to embolden MPs threatening a Commons revolt.’

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The Guardian, 20th September 2020

Source: www.theguardian.com

Public law children case update: contact, nationality and stays – Local Government Lawyer

‘Georgina Dalton summarises the latest public law children rulings, covering issues such as contact during care, changing the nationality of children in care, and practice on granting short-term stays.’

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Local Government Lawyer, 18th September 2020

Source: www.localgovernmentlawyer.co.uk

Bar students required to decide exam retake before knowing results – Law Society’s Gazette

Posted September 18th, 2020 in barristers, coronavirus, examinations, legal education, news by tracey

‘Aspiring barristers caught up in last month’s bar exam fiasco will have to decide whether or not to retake them before knowing their results.nStudents have until 21 September to register to take the centralised Bar Professional Training Course in professional ethics and civil and criminal litigation – using the traditional pen and paper – starting from 5 October. They will have to decide before knowing the results of their August exams, which were plagued with technical faults. The civil and criminal litigation results for the August sit will be released on 12 October. The professional ethics results will be released on 6 November.’

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Law Society's Gazette, 17th September 2020

Source: www.lawgazette.co.uk

DPP to discuss prosecutorial independence and the rule of law – Crown Prosecution Service

Posted September 17th, 2020 in coronavirus, Crown Prosecution Service, news, prosecutions, public interest, rule of law by michael

‘The Director of Public Prosecutions will discuss the importance of fair and independent prosecutions during a time of national emergency at an online event hosted by the Bingham Centre for the Rule of Law tomorrow (Friday, 18 September).’

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Crown Prosecution Service, 17th September 2020

Source: www.cps.gov.uk

Prosecuting in the public interest: independence without isolation – Max Hill QC, Director of Public Prosecutions – Crown Prosecution Service

Posted September 17th, 2020 in coronavirus, Crown Prosecution Service, news, prosecutions, public interest, rule of law by michael

‘In an essay to accompany an event with the Bingham Centre for the Rule of Law, Max Hill QC outlines what independence means for the Crown Prosecution Service in an extraordinary 2020 and beyond, and how it intersects with the Service’s other values and responsibilities. Drawing on the experiences of the past six months, he considers what it means to remain independent while also being collaborative, responsive and adaptable in a changing world – and the importance of each of these qualities in maintaining public confidence in the criminal justice system.’

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Crown Prosecution Service, 17th September 2020

Source: www.cps.gov.uk

Covid court delays: Dead pigeons and four-year waits for justice – BBC News

Posted September 17th, 2020 in coronavirus, criminal justice, Crown Court, delay, news by michael

‘ “Paul” was accused of committing a domestic burglary in June 2018. In early 2019 he was told by police that no further action would be taken against him. However, he was subsequently charged. Last week – over two years since the alleged offence – he appeared at Inner London Crown Court.’

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BBC News, 17th September 2020

Source: www.bbc.co.uk

Commercial chambers offers £20k to fund withdrawn pupillage at crime set – Legal Futures

Posted September 16th, 2020 in barristers, budgets, coronavirus, criminal justice, government departments, news, pupillage by michael

‘A London commercial chambers has put up £20,000 to fund a pupillage that a criminal set has had to withdraw because of the impact of Covid-19.’

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Legal Futures, 16th September 2020

Source: www.legalfutures.co.uk

FCA Covid-19 test case headed for Supreme Court, lawyers predict – Litigation Futures

Posted September 16th, 2020 in appeals, Commercial Court, coronavirus, insurance, news, Supreme Court by michael

‘Lawyers are already predicting a leapfrogged appeal to the Supreme Court after the High Court handed down its ruling in the Financial Conduct Authority’s (FCA) business interruption insurance test case.’

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Litigation Futures, 15th September 2020

Source: www.litigationfutures.com

Serious criminals to serve two-thirds of jail term in justice shake-up – BBC News

‘Sexual and violent offenders will serve at least two-thirds of jail terms, rather than half, as part of changes to the criminal justice system in England and Wales.’

 

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BBC News, 16th September 2020

Source: www.bbc.co.uk

Small firms thrown lifeline in insurance test case ruling – BBC News

Posted September 16th, 2020 in coronavirus, insurance, news, small businesses by michael

‘Judges ruled that the disease clauses in some business interruption policies should have meant they were covered.’

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BBC News, 15th September 2020

Source: www.bbc.co.uk