Coronavirus: Woman ‘wrongly charged under new law’ – BBC News
‘British Transport Police has admitted wrongly charging a woman who was fined £660 under coronavirus legislation.’
BBC News, 3rd April 2020
Source: www.bbc.co.uk
Category: coronavirus
Papa Don’t Breach: Parental Liability under the Coronavirus Regulations – The 36 Group
‘The new Coronavirus legislation is only a week old and already there is public discussion over the tactics used by the police to enforce it (notable perhaps was former Supreme Court Justice Lord Sumption expressing concern that we are sliding into “a police state”).’
The 36 Group, 2nd April 2020
Source: 36group.co.uk
New PD allows parties to agree longer extension of time – Litigation Futures
‘The Civil Procedure Rule Committee has issued a practice direction allowing parties to agree longer extensions of time to comply with procedural time limits due to the coronavirus.’
Litigation Futures, 2nd April 2020
Source: www.litigationfutures.com
The Remote Family Court – where does transparency fit in? – Transparency Project
‘The Transparency Project recently assisted the FLBA tech working party to gather some information and feedback in light of the publication of the key judicial guidance on family justice during the pandemic – ‘The Remote Family Court’. That document (now on version 2), sets out a number of unresolved questions at paragraph 8.3. Our contribution to that exercise focused on elements that fell within our ambit – access to journalists and legal bloggers, recording of proceedings, litigants in person, and information for the public.’
Transparency Project, 2nd April 2020
Source: www.transparencyproject.org.uk
How Well Do You Know The New Coronavirus Lockdown Rules? – Each Other
‘Am I allowed to drive to take my dog for a walk? Are shops still allowed to sell Easter eggs? Take EachOther’s quiz to see how much you know about the latest coronavirus lockdown rules.’
Each Other, 2nd April 2020
Source: eachother.org.uk
NICE amends Covid-19 critical care guideline after judicial review threat – Local Government Lawyer
‘The National Institute for Health and Care Excellence (‘NICE’) has changed the COVID-19 guideline for clinical care after being threatened with a judicial review challenge.’
Local Government Lawyer, 1st April 2020
Source: www.localgovernmentlawyer.co.uk
APIL and FOIL issue guidance on Covid-19 co-operation – Litigation Futures
‘Personal injury firms should temporarily agree to accept service by email and freeze limitation periods, according to guidance issued to claimant and defendant lawyers today on the conduct of claims during the Covid-19 crisis.’
Litigation Futures, 1st April 2020
Source: www.litigationfutures.com
Families of disabled children threaten legal challenge over government limit on outdoor exercise – Local Government Lawyer
‘A pre-action protocol letter has been sent to the Government calling on it to reconsider the policy that all citizens are only permitted to leave the house for exercise once per day.’
Local Government Lawyer, 1st April 2020
Source: www.localgovernmentlawyer.co.uk
Government issues guidance on how local authorities can use Care Act ‘easements’ – Local Government Lawyer
‘The Department of Health & Social Care has published guidance setting out local authorities can use the new ‘easements’ under the Coronavirus Act 2020 that mean they no longer need to meet certain duties under the Care Act.’
Local Government Lawyer, 1st April 2020
Source: www.localgovernmentlawyer.co.uk
Jeff King: The Lockdown is Lawful: Part II – UK Constitutional Law Associaiton
‘In the post published yesterday, I explained that under Part 2A of the Public Health (Control of Diseases) Act 1984, UK and Welsh ministers can make regulations to protect public health that can impose ‘special restrictions’ on persons, things and premises. They can impose such restrictions in the same way that Justices of the Peace may do against individuals and groups. However, there are four exceptions to that general rule (section 45D(3)). The general regulation-making powers cannot be used to force a person to (a) submit to medical examination; be (b) removed to or (c) detained in a hospital or similar establishment, or, and mostly notably, (d) ‘be kept in isolation or quarantine.’ The rationale for the exclusions seems to be that these highly invasive things must be done on a case-by-case (i.e. person or group) instead of community-wide basis.’
UK Constitutional Law Association, 2nd April 2020
Source: ukconstitutionallaw.org
York woman fined for breaching coronavirus rules – BBC News
‘A woman has been fined for breaching coronavirus restrictions after she refused to tell police who she was and why she was at a railway station.’
BBC News, 1st April 2020
Source: www.bbc.co.uk
The Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 – Six Pump Court
‘Whilst the ongoing coronavirus pandemic is having a unprecedented impact upon human behaviour, businesses should also be aware of the risks to legal persons and officers created by The Health Protection (Coronavirus, Restrictions) (England) Regulations 2020.’
Six Pump Court, 27th March 2020
Source: www.6pumpcourt.co.uk
Is it possible to take a statutory declaration by Skype video or similar technology? – Hardwicke Chambers
‘Although the position is fast-moving and guidance is expected to be given in due course by the Law Society, it is presently understood that remote video conferencing technology such as Skype or Zoom could be used by a practising solicitor to administer a statutory declaration.’
Hardwicke Chambers, 26th March 2020
Source: hardwicke.co.uk
Lawyers echo Sumption’s ‘police state’ warning – Law Society’s Gazette
‘Criticism by former Supreme Court justice Lord Sumption of apparent over-reach by police officers enforcing Covid-19 lockdown restrictions appears to have struck a chord in the legal profession.’
Law Society's Gazette, 31st March 2020
Source: www.lawgazette.co.uk
The quickly mutating Coronavirus legislation – drafting anomalies and police powers – UK Police Law Blog
‘The Health Protection (Coronavirus, Business Closure) (England) Regulations 2020 at reg 6(1) create a prohibition against leaving one’s home without reasonable excuse rather than being outside one’s home without reasonable excuse. Not only is that narrower than many people had thought, it shapes the powers of a police constable to direct or remove people to their home, which depends upon the constable considering that they have breached reg 6(1). Furthermore, in criminal proceedings for a breach, it may be that the burden of establishing of the defence of reasonable excuse is on a defendant in Scotland but on the prosecution in the other three home nations.’
UK Police Law Blog, 31st March 2020
Source: ukpolicelawblog.com
Jeff King: The Lockdown is Lawful – UK Constitutional Law Association
‘The Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 (Reg 6) and the Health Protection (Coronavirus Restrictions) (Wales) Regulations 2020 (Reg 8) both provide in identical wording that ‘During the emergency period, no person may leave the place where they are living without reasonable excuse.’ Both also enumerate thirteen exceptions (‘reasonable excuses’) to the rule. These are the restrictions widely referred to as the ‘lockdown.’ There is a question at the moment about whether they are so invasive as to be unlawful. This two-part post briefly reviews the legal basis for the confinement. I argue that the lockdown is lawful.’
UK Constitutional Law Association, 1st April 2020
Source: ukconstitutionallaw.org
Guidance issued on remote access to Court of Protection – Local Government Lawyer
‘The Vice-President of the Court of Protection has today (31 March) issued updated guidance on remote access to the court.’
Local Government Lawyer, 31st March 2020
Source: www.localgovernmentlawyer.co.uk
Coronavirus Act Amendments to the Care Act Now in Force and Guidance on Adult Social Care Duties Published – Coronavirus: Guidance for Business and Lawyers
‘Arianna Kelly looks at the newly-published guidance on social care during the Emergency Period.’
Coronavirus: Guidance for Business and Lawyers, 31st March 2020
