Category: coronavirus

Socially distanced courts for the digitally excluded – Transparency Project

Posted April 21st, 2020 in coronavirus, courts, equality, internet, live link evidence, news by sally

‘We have heard a lot about how the courts are responding to the coronavirus pandemic by conducting hearings online instead of in a physical court room. But while hearings by Skype and Zoom enable participants to maintain social distancing and avoid the risks of contagion, they may not work for everyone. Is there another way of delivering justice to the digitally excluded?’

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Transparency Project, 19th April 2020

Source: www.transparencyproject.org.uk

PI protocol extended after hundreds sign up – Litigation Futures

Posted April 21st, 2020 in coronavirus, law firms, limitations, news, personal injuries, time limits by sally

‘The protocol aimed at cutting out opportunistic tactics by either claimants or defendants in personal injury (PI) cases during the Covid-19 pandemic has been extended to at least 20 May.’

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Litigation Futures, 20th April 2020

Source: www.litigationfutures.com

Christopher Rafferty discusses Non-statutory guidance in the private and social rented sectors – Park Square Barristers

Posted April 21st, 2020 in chambers articles, coronavirus, housing, landlord & tenant, news by sally

‘In these strange and confusing times, every aspect of our legal system has been touched by delays, adjournments, revision and fundamental change. The management of housing, so reliant on face-to-face contact at all stages, has been subject to significant amendment.’

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Park Square Barristers, 14th April 2020

Source: www.parksquarebarristers.co.uk

COVID-19 Legislation: The uncertainty is infectious – St John’s Buildings

Posted April 21st, 2020 in chambers articles, coronavirus, emergency powers, enforcement, freedom of movement, news, statutory interpretation by sally

‘Society is experiencing the biggest Government led restriction of movement since the Second World War, instigated by The Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 which came into force at 1pm on 26th March 2020.’

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St John's Buildings, 15th April 2020

Source: stjohnsbuildings.com

Coronavirus and the Proceduralisation of Rights – Oxford Human Rights Hub

Posted April 21st, 2020 in constitutional law, coronavirus, emergency powers, human rights, judicial review, news by sally

‘The House of Lords Constitution Committee recently published its recommendations in relation to the government’s fast-tracked Coronavirus Bill 2020. The House of Lords debates have welcomed the government’s decision not to derogate from the ECHR (in contrast to several other contracting parties). However, in seeking to ensure ECHR-compliance of the proposed scheme, the Committee placed significant emphasis on the availability of judicial review and administrative oversight of the powers contained therein to ensure their legality and constitutional acceptability. In this piece I suggest that, whilst these suggestions are no doubt welcome, the Committee’s focus on procedure rather than on the substantive requirements of human rights is indicative of wider concerning trends in human rights discourse.’

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Oxford Human Rights Hub, 9th April 2020

Source: ohrh.law.ox.ac.uk

Remote Hearings: A Practical Guide to Case Management – 3PB

Posted April 21st, 2020 in case management, chambers articles, coronavirus, courts, live link evidence, news, remote hearings by sally

‘It is a brave new world. The lockdown brought about by the coronavirus crisis is forcing the hand of our infamously old-fashioned profession to adapt quickly or lose myriad court dates; leaving our clients without satisfactory and timely resolutions to their disputes.’

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3PB, 19th April 2020

Source: www.3pb.co.uk

Is the Lockdown Lawful? An overview of the debate – UK Human Rights Blog

Posted April 21st, 2020 in coronavirus, emergency powers, enforcement, human rights, news, statutory interpretation by sally

‘The Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 were made by the Health Secretary on 26 March 2020. Understandably, given the speed with which the crisis was and still is developing, the Regulations were made using a statutory emergency procedure, meaning that they were not subject to Parliamentary scrutiny. They have yet to be challenged in the courts. In the meantime, a lively and important debate has developed about whether those regulations are lawful.’

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UK Human Rights Blog, 20th April 2020

Source: ukhumanrightsblog.com

Lessons to be Learned from the Marie Dinou Case – Pump Court Chambers

Posted April 21st, 2020 in chambers articles, coronavirus, emergency powers, enforcement, news, police by sally

‘Marie Dinou, the woman from York convicted of a non-existent coronavirus offence after being found “loitering between platforms” at Newcastle railway station was lucky to be charged with something newsworthy. Had hers been a mundane motoring charge it is highly unlikely that anyone would have spotted that her treatment by the police and the justice system was stupid, incompetent and unlawful.’

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Pump Court Chambers, 7th April 2020

Source: www.pumpcourtchambers.com

European Court of Human Rights to Consider Impact of Covid-19 – UK Human Rights Blog

Posted April 21st, 2020 in coronavirus, detention, drug offences, health, human rights, imprisonment, news by sally

‘The applicant in Hafeez is a sixty-year old man with a number of health conditions, including diabetes and asthma. He was arrested pursuant to a request by the US Government for his extradition on drugs charges. He challenges the decision to extradite him, arguing that his pre-conviction and post-conviction detention conditions in the US would be inhuman and degrading; and that there is a real risk that he would be sentenced to life imprisonment without the possibility of parole.’

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UK Human Rights Blog, 18th April 2020

Source: ukhumanrightsblog.com

Covid 19 Employment Law Series: Insolvent Employers, Redundancy, and Covid 19 – Parklane Plowden

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

‘Covid 19 has already had a tragic impact upon the health of many in the UK. One notable other consequence however, has been the impact upon the British economy.’

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Parklane Plowden, 3rd April 2020

Source: www.parklaneplowden.co.uk

Grenfell Tower inquiry could resume by Zoom videolink – The Guardian

Posted April 21st, 2020 in accidents, bereavement, coronavirus, families, fire, housing, inquiries, live link evidence, news by sally

‘The public inquiry into the Grenfell Tower disaster could resume in virtual form with evidence taken by Zoom videolink, its senior legal adviser has told bereaved people and survivors.’

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The Guardian, 21st April 2020

Source: www.theguardian.com

Covid-19 – Delayed appeals: arbitrate or mediate? – 33 Bedford Row

Posted April 20th, 2020 in appeals, arbitration, chambers articles, coronavirus, delay, dispute resolution, news by sally

‘Many small to medium sized businesses will, thankfully, rarely be involved in litigation. As a result, they will have little experience of what is to follow once they commence a dispute resolution process regardless of the nature of that process. In many cases, disputes will be addressed via litigation[1]. In many instances the perceived wrong done by the other side will drive the dispute forward. It is only perhaps when some of the initial expectation of a quick positive trial outcome fades, whilst the pre-trial process winds on, that parties will wonder ‘should this have gone on for so long’ and/or ‘was there a quicker way to do this?’ Nevertheless, once litigation is commenced it takes on an energy of its own and many parties are able to see the case through to an initial judgment. Matters may thereafter get more complex as (further) fatigue potentially sets in.’

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33 Bedford Row, 10th April 2020

Source: www.33bedfordrow.co.uk

Coronavirus Act 2020 and the powers of the government to manage individuals infected with Covid-19: How will it affect those who fall ill? (UPDATE) – 3PB

Posted April 20th, 2020 in chambers articles, coronavirus, emergency powers, enforcement, freedom of movement, health, human rights, news by sally

‘The Coronavirus Act 2020 (“the Act”) came into force on 25th March 2020. Among other things, the Act confers powers on public health officers, constables, and immigration officers to enable them to manage potentially infectious persons during the Covid-19 crisis. Schedule 21 of the Act contains provisions that enable the relevant officials to exercise their powers in respect of individuals in England, Wales and Scotland. This article will only focus on Part 2 of Schedule 21, which pertains to the powers of the government in England.’

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3PB, 17th April 2020

Source: www.3pb.co.uk

Carluccio’s Limited (in administration) [2020] EWHC 886 (Ch). The first judicial decision on the Government’s Furlough Scheme – Parklane Plowden

Posted April 20th, 2020 in administrators, chambers articles, coronavirus, employment, insolvency, news, remuneration by sally

‘In a judgment handed down by Snowden J on a bank holiday on 13 April 2020 in the matter of Carluccio’s Limited (in administration) [2020] EWHC 886 (Ch), we have the first decision regarding the application of the Government’s Coronavirus Job Retention Scheme (“the Scheme”). The Scheme allows employers to claim for 80% of an employee’s salary (up to a maximum of £2500 per month) if staff are kept on the books doing no work (furloughed) rather than dismissed as redundant.’

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Parklane Plowden, 16th April 2020

Source: www.parklaneplowden.co.uk

Case management in the time of Covid-19 – Cloisters

Posted April 20th, 2020 in case management, chambers articles, coronavirus, news by sally

‘In practice it seems that many of the preliminary hearings that are taking place on what would have been the first day of a trial are simply being used to relist the final hearing. In some regions, cases are not being relisted until the summer of 2021.’

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Cloisters, 20th April 2020

Source: www.cloisters.com

The impact of Coronavirus, part 4: developments in extradition – 6KBW College Hill

Posted April 20th, 2020 in chambers articles, coronavirus, courts, extradition, live link evidence, news by sally

‘Necessity is the mother of invention. Never has the English proverb been proved so true as with the rapid deployment of video link technology in the court system following the coronavirus (COVID-19) pandemic and consequent reduction of in-person hearings. This post considers the developments applicable to extradition proceedings; the current arrangements for hearings, appeals and removal; and the potential impact of the pandemic on the bars to extradition and bail applications.’

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6KBW College Hill, 7th April 2020

Source: blog.6kbw.com

What are the impacts of Coronavirus on employer’s duties under common-law and the HASAWA 1974? – Church Court Chambers

Posted April 20th, 2020 in chambers articles, coronavirus, employment, health & safety, news by sally

‘It is an employer’s duty to protect the health, safety and welfare of their employees and other people who might be affected by their business. Employers must do whatever is reasonably practicable to achieve this. Employers have duties under health and safety law to assess risks in the workplace.’

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Church Court Chambers, April 2020

Source: churchcourtchambers.co.uk

Frustration, COVID-19 and company voluntary arrangements – Radcliffe Chambers

Posted April 20th, 2020 in chambers articles, company law, coronavirus, news by sally

‘Your world appeared to be collapsing. You had a good core business, but because of cash flow difficulties, you could not pay your debts as and when they fell due. You were then saved – or, at least, you thought you were- by a trading company voluntary arrangement (“CVA”), under which you are required to make regular monthly contributions of a certain amount. You thought that you would survive with the protection of your CVA – that is until Covid-19 struck. Now, as a non-essential business, you have been forced to close, albeit temporarily, by The Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 (“the 2020 Regulations”). Alternatively, you are allowed to stay open, but because of Government Guidance about social distancing, you have had to reduce your workforce, or your workforce is much reduced because of sickness or self-isolation. Alternatively, for commercial, health and safety or other reasons, you have decided temporarily to close your business. All of this has stopped or reduced your turnover and as a result you are unable to meet the payment requirements of your CVA. Is it open, in these circumstances, for anyone to argue that the restrictions imposed on your business and your consequent failure to comply with your CVA have frustrated your CVA?’

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Radcliffe Chambers, 15th April 2020

Source: radcliffechambers.com

Can dismissal for self-isolating be automatically unfair? – St John’s Buildings

Posted April 20th, 2020 in chambers articles, coronavirus, employment, equality, news, unfair dismissal by sally

‘Most of us are now up to speed (as far as possible) with the principle, and maybe practice, of furlough, but one thing that has yet to be tested is the ability of unfair dismissal protection to safeguard employees that are unable to attend or carry out work in line with current guidelines. At one point (specifically, 23.03.2020), there was a proposal to introduce provisions creating an automatic unfair dismissal where that dismissal was for ‘coronavirus-related’ reasons, and where the employer was entitled to reimbursement of statutory sick pay or payment under the coronavirus job retention scheme. That would have been to ensure that businesses being forced to close would also not result in mass job losses when funding to retain those jobs was available as an alternative to dismissal. At the date of writing, that proposal has not progressed, nor is there any other proposal to safeguard employees from any other ‘coronavirus-related’ dismissal. Whilst ordinary unfair dismissal principles will assist those employees with at least two years’ continuous employment, I wanted to consider a couple of options potentially open to employees not qualifying for that protection.’

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St John's Chambers, 16th April 2020

Source: stjohnsbuildings.com

Coronavirus and employer’s liability, some likely issues – Old Square Chambers

Posted April 20th, 2020 in chambers articles, coronavirus, employment, health & safety, news by sally

‘Despite the major disruption to daily living and the emergency legislation that has been rushed into effect in response to the outbreak of coronavirus (SARS CoV 2) and the resulting disease (Covid 19), the duty of employers to ensure the health and safety of their employees has remained undiminished. It is at times like these, when the work of many health care workers and others who provide essential services involves exposure to a greatly increased risk of serious injury or death, that the protection of such employees becomes all the more important. The admiration and gratitude of the nation is little consolation if the entitlement to basic health and safety measures is reduced on the ground of force majeure.’

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Old Square Chambers, April 2020

Source: www.oldsquare.co.uk