Leicester residents could be fined up to £3,200 for breaching new lockdown laws – The Guardian

Posted July 6th, 2020 in coronavirus, emergency powers, enforcement, fines, freedom of movement, news by sally

‘The government has published its local lockdown rules for Leicester, which will see most businesses shutting their doors once again.’

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The Guardian, 3rd July 2020

Source: www.theguardian.com

Scope of the duties on the state to protect life under Article 2 ECHR (R (Maguire) v HM Senior Coroner) – Dispute Resolution Blog

‘In R (Maguire) v HM Senior Coroner for Blackpool & Fylde & Others [2020] EWCA Civ 738, the Court of Appeal considered whether the enhanced procedural duty to investigate death under Article 2 ECHR applied to the inquest touching upon the death of a vulnerable individual subject to the Deprivation of Liberty Safeguards (“DoLS”) under the Mental Capacity Act 2005 living in a care home. The Court of Appeal’s judgment is an important authority on the scope of the substantive positive duties on the state to protect life under Article 2 ECHR.’

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Dispute Resolution Blog, 30th June 2020

Source: www.lexisnexis.co.uk

High court hears legal challenge to England’s lockdown restrictions – The Guardian

‘The government’s lockdown, which has closed schools, premises and companies while limiting free movement, is the “most sweeping and far-reaching” restriction on fundamental rights since the second world war, the high court has been told.’

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The Guardian, 2nd July 2020

Source: www.theguardian.com

New video platform to be rolled out across civil courts – Litigation Futures

‘The new video platform enabling more remote cases to be heard in the criminal courts will rolled out to the civil courts over the coming months, the Ministry of Justice confirmed yesterday.’

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Litigation Futures, 2nd July 2020

Source: www.litigationfutures.com

5 Things You Should Know About Local Lockdowns – Each Other

‘Who decides whether my area needs to go into local lockdown? How will it be enforced? What is being done to protect the most vulnerable? These are a few of the questions on people’s minds after England’s first local lockdown came into force this week.’

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Each Other, 3rd July 2020

Source: eachother.org.uk

Covid 19: The impact of the crisis on competition law and tax issues in sport – Sports Law Bulletin from Blackstone Chambers

Posted July 2nd, 2020 in competition, coronavirus, news, sport, taxation by tracey

‘Covid 19: The impact of the crisis on competition law and tax issues in sport.’

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Sports Law Bulletin from Blackstone Chambers, 2nd July 2020

Source: www.sportslawbulletin.org

Council persuades High Court judge to quash judgment in default in data breach claim after papers posted to empty office during lockdown – Local Government Lawyer

Posted July 2nd, 2020 in coronavirus, default judgments, news, postal service, service by tracey

‘The High Court has quashed a judgment in default awarded against the London Borough of Tower Hamlets because pandemic restrictions had made it impossible to the council to receive the claim concerned.’

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Local Government Lawyer, 2nd July 2020

Source: www.localgovernmentlawyer.co.uk

New research reveals full impact of Covid-19 restrictions on the self-employed Bar – The Bar Council

Posted July 2nd, 2020 in barristers, coronavirus, press releases, self-employment by tracey

‘New research from the Bar Council has revealed the challenge faced by many self-employed barristers in England and Wales as a result of the Covid-19 lockdown.’

Full press release

The Bar Council, 1st July 2020

Source: www.barcouncil.org.uk

Case Management and COVID-19: A New Road to Consistency? – Family Law Week

Posted July 2nd, 2020 in case management, coronavirus, family courts, news by tracey

‘John Jupp, Solicitor, and Lecturer in Law at the University of Sussex, considers whether family judges are making consistent case management decisions during the pandemic.’

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Family Law Week, 24th June 2020

Source: www.familylawweek.co.uk

MoJ favours ‘Nightingale’ crown courts to tackle huge backlog of cases – The Guardian

Posted July 2nd, 2020 in coronavirus, criminal justice, Crown Court, delay, Ministry of Justice, news by tracey

‘Plans for non-jury trials to speed up efforts to tackle a backlog of more than 40,000 crown court cases appear to have been sidelined as the Ministry of Justice opts instead for extended opening hours, emergency “Nightingale” courts and, possibly, smaller juries.’

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The Guardian, 2nd July 2020

Source: www.theguardian.com

Coronavirus recovery in Her Majesty’s Court and Tribunal Service – Ministry of Justice

‘The Lord Chancellor Robert Buckland has today (1 July 2020) outlined a ‘renewal for justice’ as courts harness increased investment, improved technology and a range of emergency measures to recover from the coronavirus pandemic.’

Full press release

Ministry of Justice, 1st July 2020

Source: www.gov.uk/government/organisations/ministry-of-justice

Rental e-scooters to be made legal on roads in Great Britain from Saturday – BBC News

Posted July 1st, 2020 in coronavirus, local government, news, road safety, road traffic, transport by sally

‘Rental e-scooters will become legal on roads in Great Britain from Saturday, in a bid to ease pressure on public transport amid the coronavirus crisis.’

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BBC News, 30th June 2020

Source: www.bbc.co.uk

Simon Halliday, Jed Meers, and Joe Tomlinson: Public Attitudes on Compliance with COVID-19 Lockdown Restrictions (Part 2) – UK Constitutional Law Association

‘In March 2020, the government introduced a set of restrictions to ‘lockdown’ the UK in response to the COVID-19 pandemic, the central purpose of which is to protect public health by both containing the rate of infection and protecting the NHS’ capacity to treat a potential influx of COVID-19 patients. As part of our ongoing research on Law and Compliance during COVID-19, we have now undertaken two public opinion surveys to better understand public attitudes to the lockdown. We want to understand more about how people understand the rules, if they see themselves as compliant, what drives compliance, and how the rules relate to ordinary perceptions of rights.’

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UK Constitutional Law Association, 25th June 2020

Source: ukconstitutionallaw.org

Local Lockdown: England’s Uneven Path To Easing Coronavirus Restrictions – Each Other

Posted July 1st, 2020 in coronavirus, freedom of movement, human rights, news by sally

‘The UK government has introduced its first “local lockdown,” days before coronavirus restrictions in England were due to be further eased. As pubs, restaurants and hairdressers across much of the country prepare to re-open from 4 July, Leicester will endure stricter measures for at least another two weeks.’

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Each Other, 30th June 2020

Source: eachother.org.uk

Criminal cases backlog could take a decade to clear, watchdog warns – The Guardian

‘The backlog of untried cases in the criminal justice system – which has ballooned during lockdown – could take a decade to clear, an official watchdog has warned.’

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The Guardian, 30th June 2020

Source: www.theguardian.com

Assume hearings are going to be remote, says judge – Litigation Futures

‘Parties should assume hearings will be held remotely at the moment and explain why it would not be just to do so if they want one in person, a High Court judge has ruled.’

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Litigation Futures, 25th June 2020

Source: www.litigationfutures.com

Yossi Nehushtan and Megan Davidson: The UK 14-Day Quarantine Policy: Is Public Opinion a Relevant Consideration? – UK Constitutional Law Association

‘According to the government quarantine policy, that came into force on 8 June, nearly all international arrivals at UK ports must quarantine for 14 days. Elsewhere we argued that the quarantine policy is irrational, unreasonable, disproportionate and therefore illegal. Here we argue that the policy was introduced mainly because of public opinion – and that public opinion in this case is an irrelevant consideration, one that should not have been taken into account by government.’

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UK Constitutional Law Association, 30th June 2020

Source: ukconstitutionallaw.org

Remote hearings, hybrid hearings, adjourned hearings – Transparency Project

Posted June 30th, 2020 in adjournment, coronavirus, news, remote hearings by sally

‘Lancashire County Council v M & Ors (COVID-19 Adjournment Application) [2020] EWFC 43 is another case (like Re C that we wrote on here) where an extraordinarily large number of professionals spent many hours working on a notion that was dismissed by the judge, although this time in the Family Court, not the Court of Appeal. Although the judge, Mr Justice MacDonald, emphasised that a case management decision about holding a remote or hybrid or full-face hearing should not normally take very long, he also explained why he had to spell out his reasons in more than 60 paragraphs.’

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Transparency Project, 26th June 2020

Source: www.transparencyproject.org.uk

Quality of legal advice for suspects “faltering under lockdown” – Legal Futures

‘The quality of legal help for suspects in police custody has “suffered significantly” due to Covid-19 amid concerns over confidentiality and restrictions on lawyers talking to clients, a new report has found.’

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Legal Futures, 30th June 2020

Source: www.legalfutures.co.uk

Fines for school non-attendance in England to resume from autumn – The Guardian

Posted June 30th, 2020 in coronavirus, fines, news, parental responsibility, school children, truancy by sally

‘Parents in England who fail to send their children back to school in September will face fines unless they have a good reason for them not attending, the education secretary has said.’

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The Guardian, 29th June 2020

Source: www.theguardian.com