Category: coronavirus

Doctors to file legal challenge to PPE guidance – Garden Court Chambers

Posted June 2nd, 2020 in coronavirus, doctors, health & safety, judicial review, news, protective equipment by sally

‘Two NHS frontline doctors, Dr Meenal Viz and Dr Nishant Joshi, are preparing to file a legal challenge to the Government’s guidance on Personal Protective Equipment (PPE). This guidance, which applies to health care and social care workers, reduces the requirement to wear PPE and allows for re-use of some PPE. The legal challenge will argue that the Government guidance goes against World Health Organisation (WHO) guidance and puts health care and social care workers at risk, breaching their legal protections at work and their human rights.’

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Garden Court Chambers, 22nd May 2020

Source: www.gardencourtchambers.co.uk

Leader calls for council to be given more powers to implement local lockdown – Local Government Lawyer

Posted June 2nd, 2020 in coronavirus, local government, news, regulations by sally

‘The Leader of Brighton & Hove City Council has called for the local authority to be given more powers to implement a local lockdown in the area.’

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Local Government Lawyer, 1st June 2020

Source: www.localgovernmentlawyer.co.uk

Four Important Changes to the Coronavirus Laws – The 36 Group

Posted June 2nd, 2020 in coronavirus, news, regulations by sally

‘On 1st June 2020 a further set of amendments to The Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 entered into force. Below are the key changes you should know about.’

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The 36 Group, 2nd June 2020

Source: 36group.co.uk

One Kingdom but four nations emerging from lockdown at four different rates under four different laws – UK Police Law Blog

Posted June 2nd, 2020 in coronavirus, news, Northern Ireland, regulations, Scotland, Wales by sally

‘Laws which criminalise what would otherwise be normal daily life and which the police must enforce must be clear, unambiguous, fair and fairly applied, logical and proportionate to the public health imperative. The purpose of this blog post is to illustrate the difficulties with the amended legislation, the inconsistencies between the laws of the four nations of the UK, as well as the problems of enforcement by the police. Whatever the problems with the legislation, whatever the high profile breaches, people must socially distance and must wear masks when unable to do so. The coronavirus is not going away soon, or perhaps ever. It may be joined by other novel viruses and human life may have to change.’

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UK Police Law Blog, 2nd June 2020

Source: ukpolicelawblog.com

Relief from sanctions: An overview and case law update – St Ives Chambers

Posted June 2nd, 2020 in case management, civil procedure rules, coronavirus, news, sanctions by sally

‘In light of the current COVID-19 pandemic, applications for relief from sanctions may become more frequent as deadlines are missed and court orders are not complied with. In three recent cases, the High Court has considered the applicable principles and provided guidance. Now, therefore, seems the ideal time to revisit the applicable principles.’

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St Ives Chambers, 21st May 2020

Source: www.stiveschambers.co.uk

Indefinite Leave to Remain as a Bereaved Partner – Richmond Chambers

Posted June 2nd, 2020 in bereavement, coronavirus, immigration, married persons, news by sally

‘Daily reports of death during the Covid-19 pandemic has made many of us think about loved ones, how to protect them and the implications of life without them. If your leave to enter or remain is dependent on a relationship, what does happen if a partner passes away? The Immigration Rules in fact provide a route for indefinite leave to remain (ILR) as a bereaved partner. In this post we look at the requirements.’

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Richmond Chambers, 22nd May 2020

Source: immigrationbarrister.co.uk

COVID-19, Vaccines, BREXIT and Vaccine Damage Claims – Henderson Chambers

Posted June 2nd, 2020 in brexit, coronavirus, damages, medicines, news, personal injuries, vaccination by sally

‘There is currently an enormous international effort in progress to invent, test and obtain regulatory approval for a COVID-19 vaccine (or more accurately, a vaccine against SARS-CoV-2, the underlying virus). It is right to consider now, how such a vaccine will get regulatory approval, how such approval might be affected by BREXIT, and if no-fault vaccine damage schemes may apply to any such novel vaccine.’

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Henderson Chambers, 18th May 2020

Source: www.hendersonchambers.co.uk

Mediation: don’t panic in the pandemic, be prepared – Counsel

Posted June 2nd, 2020 in civil justice, civil procedure rules, coronavirus, dispute resolution, news by sally

‘Might fear of the courts being overwhelmed by an anticipated flood of cases, after eventual emergence from lockdown, begin a trend amongst the judiciary to be more proactive in its encouragement of mediation? Colin Manning investigates.’

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Counsel, June 2020

Source: www.counselmagazine.co.uk

The coronavirus crisis in Britain’s prisons – The Guardian

Posted June 2nd, 2020 in coronavirus, news, prisons by sally

‘As Britain faced an unprecedented lockdown, the situation for the 80,000 people in prison was even more stringent. David Adams was recently released from jail and describes how prisoners were confined to their tiny cells for more than 23 hours a day.’

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The Guardian, 1st June 2020

Source: www.theguardian.com

Coronavirus (COVID-19)—impact on coroners’ inquests and the investigation of deaths – 1 Crown Office Row

Posted June 2nd, 2020 in coronavirus, coroners, criminal justice, inquests, news by sally

‘Corporate Crime analysis: Coronavirus (COVID-19) has impacted all parts of the justice system, but there are particular ramifications for a jurisdiction which has as its core purpose the investigation of deaths. Therefore, by means of the Coronavirus Act 2020 (CA 2020) and guidance issued by the Chief Coroner, various measures have been taken to ensure that coroners’ courts are not overwhelmed. Matthew E Flinn, barrister at 1 Crown Office Row, discusses these measures.’

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1 Crown Office Row, 27th May 2020

Source: www.1cor.com

Lisa Harker: ‘Remote family court hearings are not just or humane’ – The Guardian

Posted June 2nd, 2020 in coronavirus, family courts, news, remote hearings by sally

‘The head of the Nuffield Family Justice Observatory on how parents and children are being failed during the coronavirus crisis.’

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The Guardian, 2nd June 2020

Source: www.theguardian.com

The increased benefits of ADR in the Covid-19 world – KCH Garden Sq

Posted June 2nd, 2020 in chambers articles, coronavirus, dispute resolution, news by sally

‘With many people working by remote means, combined with the reduction in court sitting days, clients are increasingly looking to Alternative Dispute Resolution (ADR) processes. Tom Russell discusses the benefits of ADR in more depth. The full article is available to read here.’

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KCH Garden Sq, 22nd May 2020

Source: kchgardensquare.co.uk

Police cannot go into homes to check if lockdown rules are being breached – Daily Telegraph

Posted June 2nd, 2020 in coronavirus, enforcement, news, police, regulations by sally

‘Police in England have been told they cannot go into homes or gardens to check whether coronavirus lockdown rules are being breached, according to new guidance.’

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Daily Telegraph, 1st June 2020

Source: www.telegraph.co.uk

Naomi McLoughlin discusses the recent decision in A Local Authority v the Mother & Ors [2020] EWHC 1233 (Fam) – Park Square Barristers

Posted June 2nd, 2020 in children, coronavirus, evidence, news, remote hearings by sally

‘The judgment addresses the question of whether a fact-finding hearing should continue either remotely or semi-remotely or whether the case should be adjourned until an in-person hearing of pre-Covid 19 format can take place.’

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Park Square Barristers, 19th May 2020

Source: www.parksquarebarristers.co.uk

Commercial litigation dipped before lockdown – Litigation Futures

Posted June 1st, 2020 in Commercial Court, coronavirus, foreign jurisdictions, news, statistics by sally

‘Litigation in London’s commercial courts dipped before the UK lockdown at the end of March, new figures have revealed.’

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Litigation Futures, 1st June 2020

Source: www.litigationfutures.com

Covid causes child detention crisis, and a ‘timebomb’ in adult prisons – The Guardian

Posted June 1st, 2020 in children, coronavirus, detention, imprisonment, mental health, news, prisons, young offenders by sally

‘Serious concerns are emerging over the treatment of children in custody during the coronavirus pandemic, after evidence that some have been spending as little as 40 minutes a day out of their cell.’

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The Guardian, 31st May 2020

Source: www.theguardian.com

Self-Employed Income Support Scheme (‘SEISS’)- Old Square Chambers

Posted June 1st, 2020 in chambers articles, coronavirus, employment, news, remuneration, self-employment by sally

‘With the scheme going live on 13 May 2020, Giles Powell and Conor Kennedy consider the SEISS and its effects.’

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Old Square Chambers, 12th May 2020

Source: www.oldsquare.co.uk

C-19 damage: does international law hold any answers? – UK Human Rights Blog

Posted June 1st, 2020 in China, coronavirus, damages, human rights, international law, news by sally

‘What is international law for, if it cannot be enforced against the country responsible for breach? That is the question raised by a recent report documenting a series of steps by the Chinese Communist party to conceal from the World Health Organisation and the rest of the world the outbreak and human-to-human transmission of coronavirus. If we want a rules-based international order to mean anything, the authors of the report point out, it must be upheld.’

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UK Human Rights Blog, 1st June 2020

Source: ukhumanrightsblog.com

The Implied Term of Trust and Confidence and the Coronavirus Job Retention Scheme: a Reply – Old Square Chambers

Posted June 1st, 2020 in chambers articles, contract of employment, coronavirus, employment, news, unfair dismissal by sally

‘On 14 April 2020, our colleague Stuart Brittenden published an article arguing that the implied term of mutual trust and confidence (“the implied term”) requires employers to make use of the Coronavirus Job Retention Scheme (“CJRS”) for agency workers, zero-hour contract workers, and employees, generally.’

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Old Square Chambers, 19th May 2020

Source: www.oldsquare.co.uk

Prison release schemes almost impossible to deliver, says watchdog – The Guardian

Posted June 1st, 2020 in coronavirus, early release, health, health & safety, Ministry of Justice, news, ombudsmen, prisons, statistics by sally

‘Prisoners in England and Wales have been left confused by high-profile government announcements that led them to believe thousands of inmates would be temporarily released to mitigate the spread of the coronavirus behind bars, a prison deaths watchdog has said.’

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The Guardian, 31st May 2020

Source: www.theguardian.com