Category: coronavirus

Prosecuting Domestic Violence – New Law Journal

Posted April 15th, 2020 in coercive & controlling behaviour, coronavirus, criminal justice, Crown Prosecution Service, domestic violence, mental health, news, prosecutions, public interest, victims by sally

‘On Saturday 15 February, Caroline Flack’s tragic death became widespread news across the country. Having been charged with common assault of her boyfriend, Lewis Burton, she pleaded not guilty on 23 December last year and was due to face trial on 4 March. On the same day that she took her life, a statement from Ms Flack’s management strongly criticised the Crown Prosecution Servce (CPS) for pursuing the case, citing its knowledge of her vulnerability and the lack of support from the alleged victim.’

Full Story

New Law Journal, 26th March 2020

Source: www.newlawjournal.co.uk

Implications of Coronavirus for UK Spouse Visas – Richmond Chambers

Posted April 15th, 2020 in chambers articles, coronavirus, families, immigration, marriage, married persons, news, visas by sally

‘The Coronavirus and Covid-19 disease are causing a devastating effect across the world. The situation can be especially stressful for individuals who are separated from family members or for those who are worried that their partner may be separated from them if an application to remain in the UK is refused. In this post we will look at some of the key issues that individuals applying to remain with spouses and partners might need to consider in the coming months.’

Full Story

Richmond Chamber, 7th April 2020

Source: immigrationbarrister.co.uk

Police Powers Under the 2020 Coronavirus Act by Stephen Wood QC – Broadway House Chambers

Posted April 15th, 2020 in chambers articles, coronavirus, emergency powers, enforcement, news, police, statutory interpretation by sally

‘A woman is arrested for loitering at a railway station and ‘prosecuted’ under the Coronavirus Act 2020. The prosecution do not oppose her appeal against conviction to the Crown Court on the basis that she had been prosecuted for an offence not known in law.’

Full Story

Broadway House Chambers, 14th April 2020

Source: broadwayhouse.co.uk

Virtual Hearings from a Practitioner’s Perspective – 23 Essex Street

Posted April 15th, 2020 in appeals, barristers, chambers articles, coronavirus, courts, live link evidence, news by sally

‘Arnold Ayoo shares some observations and tips following his first online hearing, a High Court Appeal before Freedman J.’

Full Story

23 Essex Street, 14th April 2020

Source: www.23es.com

The Coronavirus Job Retention Scheme – An Overview – Doughty Street Chambers

Posted April 15th, 2020 in chambers articles, coronavirus, employment, HM Revenue & Customs, news, remuneration by sally

‘On 20th March 2020, HMRC announced that it would set up the Coronavirus Job Retention Scheme. The purpose of the scheme is to prevent mass redundancies and unemployment in the wake of the global coronavirus pandemic. On 26th March 2020, HMRC published further guidance on the scheme. The guidance was then updated on 4th April 2020 and again on 9th April 2020.’

Full Story

Doughty Street Chambers, 14th April 2020

Source: insights.doughtystreet.co.uk

COVID-19, the self-employed and the Bar – a wobbly scheme? – Doughty Street Chambers

Posted April 15th, 2020 in barristers, chambers articles, coronavirus, employment, HM Revenue & Customs, legal profession, news, remuneration by sally

‘The Government approved a package of measures targeting the self-employed in response to the Covid-19 crisis. But are these measures sufficient and will they adequately safeguard members of the self-employed Bar, lower paid employees and workers in the gig economy and see sets of Chambers through the crisis? Doughty Street’s employment law team is available to advise on any employment issues that may arise in relation to employment status, sham self-employment agreements and the government’s financial assistance packages in the wake of Covid-19.’

Full Story

Doughty Street Chambers, 10th April 2020

Source: insights.doughtystreet.co.uk

Coronavirus (COVID-19)—Changes to the Care Act 2014 – 39 Essex Chambers

Posted April 15th, 2020 in chambers articles, coronavirus, duty of care, easements, hospitals, local government, mental health, news by sally

‘Siân Davies, barrister at 39 Essex Chambers, discusses the Care Act easements, provided for under the Coronavirus Act 2020. She examines the guidance for local authorities on when it is appropriate to use the Care Act easements, emphasises the information that should be given to those being assessed and debates what changes to safeguarding policies may occur during the relaxation period. She also analyses the relationship between the Care Act easements guidance and the Hospital Discharge Service Requirements.’

Full Story

39 Essex Chambers, 7th April 2020

Source: www.39essex.com

Man wrongly convicted under coronavirus law, Met police admit – The Guardian

Posted April 15th, 2020 in coronavirus, emergency powers, enforcement, fines, news, police, statutory interpretation, wrongful arrest by sally

‘A 21-year-old man has been wrongly convicted under coronavirus laws, the Metropolitan police have admitted, as concerns grow over the use of emergency powers.’

Full Story

The Guardian, 14th April 2020

Source: www.theguardian.com

Making Remote Hearings Work – St John’s Chambers

Posted April 15th, 2020 in case management, chambers articles, coronavirus, courts, live link evidence, news, remote hearings by sally

‘A broad experience is building up among advocates with the use of remote hearings. Although many courts are still using telephone links (and for many litigants who do not have access to more sophisticated technology, this will remain the default medium) the use of video links is becoming more of a normal experience.’

Full Story

St John's Chambers, 8th April 2020

Source: www.stjohnschambers.co.uk

Family President to hold two-week rapid consultation on use of remote hearings in family justice – Local Government Lawyer

Posted April 15th, 2020 in consultations, coronavirus, families, family courts, live link evidence, news, remote hearings by sally

‘The President of the Family Division, Sir Andrew McFarlane, has launched a two-week rapid consultation on the use of remote hearings in the family justice system.’

Full Story

Local Government Lawyer, 14th April 2020

Source: www.localgovernmentlawyer.co.uk

A word on Covid- 19, the use of arbitration and the Expansion of the Children’s Arbitration Scheme to include Relocation of Children – Family Law Week

Posted April 15th, 2020 in arbitration, children, coronavirus, families, family courts, foreign jurisdictions, news by sally

‘On the 6th April 2020 the much talked about expansion of the children arbitration scheme came into effect. This is a significant change to the now well established scheme launched in 2016. The scheme has had amendments to its rules along the way but until now, it has not received an extension of its scope. In summary, the scope of scheme has been expanded to include both temporary and permanent relocation of children to foreign jurisdictions that fall within article 2.2(c) below. This development could not be timelier, serving to reinforce arbitration as a strong and worthy contender to litigation.’

Full Story

Family Law Week, 14th April 2020

Source: www.familylawweek.co.uk

Suspects to avoid criminal charges in UK during Covid-19 crisis – The Guardian

Posted April 15th, 2020 in coronavirus, courts, criminal justice, Crown Prosecution Service, news, prosecutions by sally

‘Suspected offenders are set to avoid criminal charges under unprecedented new guidance to ease the burden on the justice system during the coronavirus outbreak.’

Full Story

The Guardian, 14th April 2020

Source: www.theguardian.com

Government changes how outdoor exercise guidance applies to people with specific health needs – Local Government Lawyer

Posted April 15th, 2020 in autism, coronavirus, disabled persons, emergency powers, enforcement, freedom of movement, government departments, judicial review, learning difficulties, news, pre-action conduct, proportionality by sally

‘The Government has changed its leaving home guidance to permit people with specific health needs to exercise outside more than once a day and to travel to do so where necessary, following the threat of a judicial review challenge.’

Full Story

Local Government Lawyer, 14th April 2020

Source: www.localgovernmentlawyer.co.uk

Judges warn over parties’ conduct in remote hearings – Litigation Futures

Posted April 15th, 2020 in case management, codes of practice, coronavirus, courts, live link evidence, news, remote hearings, standards by sally

‘Courts and tribunals have made “remarkable” progress in dealing with remote hearings during the coronavirus crisis, but there are concerns about the behaviour of parties, the senior judiciary has said.’

Full Story

Litigation Futures, 15th April 2020

Source: www.litigationfutures.com

Care proceedings rise steeply in family courts during UK lockdown – The Guardian

Posted April 15th, 2020 in alcohol abuse, care orders, children, coronavirus, domestic violence, families, news, statistics by sally

‘The number of urgent care proceedings in the family courts has increased sharply since the beginning of the Covid-19 pandemic, the Guardian has learned.’

Full Story

The Guardian, 14th April 2020

Source: www.theguardian.com

Coronavirus: Public reassured over lockdown policing rules – BBC News

Posted April 15th, 2020 in coronavirus, emergency powers, enforcement, government departments, health, news, police, sale of goods by sally

‘Downing Street says people can buy whatever they want from shops that remain open amid concerns some police are overstepping lockdown powers.’

Full Story

BBC News, 10th April 2020

Source: www.bbc.co.uk

Lessons from a groundbreaking Skype hearing – Litigation Futures

Posted April 14th, 2020 in coronavirus, Court of Protection, health, health & safety, live link evidence, medical treatment, news, remote hearings by sally

‘As the success of remote hearings sparks discussion – with many lawyers advocating for further adoption of these options post-coronavirus – retaining an even-handed view is key. Considering what stands to be lost as well as gained, and what steps can be taken to safeguard human connection and nuance, will be crucial.’

Full Story

Litigation Futures, 14th April 2020

Source: www.litigationfutures.com

What About – ‘PPE – Does the Government owe a legal duty to provide it?’ – Nexus Chambers

Posted April 14th, 2020 in chambers articles, coronavirus, doctors, duty of care, employment, government departments, health, health & safety, hospitals, inquiries, news, nurses, statutory duty by sally

‘There is no doubt that the Government owes a moral duty to provide those on the frontline fighting this virus with the tools they need to work safely. Beyond the undeniable moral duty, does the Government owe them a legal duty as well?’

Full Story

Nexus Chambers, 10th April 2020

Source: www.nexuschambers.com

Articles 3 and 8 in the Time of Coronavirus: A New Case With Implications for Local Authorities Using the Care Act ‘Easements’ – Coronavirus: Guidance for Lawyers and Businesses

Posted April 14th, 2020 in chambers articles, coronavirus, duty of care, easements, hospitals, human rights, local government, mental health, news by sally

‘The Care Act ‘easements’ were brought into force on 31 March 2020. Per the statutory guidance, local authorities may take a decision to apply the new and much higher threshold for receiving care. That threshold states that a person is not entitled to receive care and support from a local authority as a matter of right unless it is necessary to prevent a breach of the person’s human rights – most likely to be Articles 2, 3 or 8 of the European Convention. Arianne Kelly looks at the first case on the subject.’

Full Story

Coronavirus: Guidance for Lawyers and Businesses, 14th April 2020

Source: lawinthetimeofcorona.wordpress.com

High Court rejects attempt to adjourn £250m trial because of virus – Litigation Futures

Posted April 14th, 2020 in adjournment, administrators, coronavirus, damages, insolvency, liquidators, live link evidence, news by sally

‘The High Court has rejected an application to adjourn a five-week trial of a £250m insolvency claim because of the coronavirus pandemic.’

Full Story

Litigation Futures, 9th April 2020

Source: www.litigationfutures.com