health – Page 10 – Current Awareness

Does the Buck Stop? Legal Liability for Death from Covid-19 – Garden Court Chambers

Posted June 12th, 2020 in care homes, chambers articles, coronavirus, duty of care, government departments, health, health & safety, inquiries, news by sally

‘“If the government were an employee of mine I would have sacked them for gross negligence” – so said Anita Astley, manager of Wren Hall nursing home in Nottinghamshire, where 10 residents died from Covid-19 and 48 carers caught the virus in a three week period[1]. Ms Astley’s complaint poses in stark terms a question which has been circulating since the full and devastating extent of the consequences of the pandemic have become clear: what, if any, legal liability does the state have for deaths caused by Covid-19?’

Garden Court Chambers, 9th June 2020

Source: www.gardencourtchambers.co.uk

Vaccination – No ‘biggie’ but still ‘a big deal’ – Transparency Project

Posted June 12th, 2020 in appeals, children, families, health, local government, medical treatment, news, parental rights, vaccination by sally

‘Here, in the midst of a public health emergency, is an important Court of Appeal decision about immunisation.’

Transparency Project, 10th June 2020

Source: www.transparencyproject.org.uk

Latest on the Lockdown Challenge in the UK courts – UK Human Rights Blog

Posted June 11th, 2020 in coronavirus, health, judicial review, news, proportionality, regulations, ultra vires by sally

‘On 26 May, judicial review proceedings were launched in the High Court which not only challenged the lawfulness of the Lockdown Regulations as having been made “ultra vires” under the 1984 Public Health Act, but also claimed that they are disproportionate to the threat posed by Covid-19. Philip Havers QC of 1 Crown Office Row is acting for the claimant.’

UK Human Rights Blog, 9th June 2020

Source: ukhumanrightsblog.com

What are the UK’s new quarantine rules? – The Guardian

Posted June 9th, 2020 in airlines, coronavirus, health, news, regulations by sally

‘The UK’s new quarantine rules have come into effect from today. What are the new restrictions on international arrivals and how will they be enforced?’

The Guardian, 8th June 2020

Source: www.theguardian.com

UK airlines launch legal battle over Covid-19 quarantine ruling – The Guardian

Posted June 8th, 2020 in airlines, coronavirus, employment, government departments, health, health & safety, news, pre-action conduct, redundancy by sally

‘Britain’s three biggest airlines have started legal proceedings against the government in a bid to overturn quarantine rules due to take effect in the UK from Monday.’

The Guardian, 7th June 2020

Source: www.theguardian.com

Resumption of jury trials: an open justice “toolkit” – Doughty Street Chambers

Posted June 8th, 2020 in chambers articles, codes of practice, coronavirus, courts, health, health & safety, juries, live link evidence, media, news, trials by sally

‘For seven weeks Covid-19 shut the doors of jury trials in England and Wales. On 11th May 2020, the Lord Chief Justice and Lord Chancellor announced the resumption of new jury trials in “certain courtrooms under certain conditions” from 18th May 2020. In the interim, two guinea pig trials resumed at the Old Bailey.’

Doughty Street Chambers, 18th May 2020

Source: insights.doughtystreet.co.uk

The Coronavirus and Employers’ Liability for PPE – Part 5: Liability of Employers to Family Members of Employees by Jack McCracken and Sarah Hopkinson – Ropewalk Chambers

Posted June 5th, 2020 in chambers articles, coronavirus, duty of care, employment, families, health, health & safety, news by sally

‘Cases regarding secondary exposure to risk by employees’ family members have tended to focus on whether exposure of the employee was sufficient to place the employer under an obligation to act, and whether there was sufficient industry knowledge for the employer to appreciate the “secondary exposure” risk.’

Ropewalk Chambers, 15th May 2020

Source: www.ropewalk.co.uk

The end of remote voting in Parliament: a backwards move? – Cloisters

Posted June 5th, 2020 in chambers articles, coronavirus, equality, health, health & safety, human rights, news, parliament by sally

‘On 21 April, the House of Commons passed a motion approving the introduction of “hybrid proceedings” to minimise the need for physical attendance in Parliament during the coronavirus lockdown. Since then, electronic voting has been facilitated to allow MPs to participate remotely in parliamentary votes (“divisions”). MPs cast their first remote vote on 12 May. However, the provision for remote voting has now lapsed. On 2 June, MPs are being asked to approve a motion which would make it mandatory for them to attend Parliament in order to participate in divisions. The proposal has caused consternation for MPs who are particularly vulnerable to coronavirus, or who live with vulnerable family members, as well as adverse comment from the Equality and Human Rights Commission.’

Cloisters, 2nd June 2020

Source: www.cloisters.com

Training and risk assessments: a reminder from the High Court and returning to work in the Covid-19 crisis – 12 King’s Bench Walk

Posted June 5th, 2020 in accidents, chambers articles, coronavirus, duty of care, employment, health, health & safety, news, personal injuries by sally

‘Sir Robert Francis QC (sitting as a deputy high court judge) recently handed down his judgment in Harris v Bartrums Haulage and Storage Ltd and another [2020] EWHC 900 (QB). It serves as a useful reminder of what employers must do to discharge their duty of care in terms of training and risk assessments. The key is being able to show that they are more than a “mere formality” [110]. On the facts of Harris, Sir Robert found that the First Defendant had acted negligently but dismissed the claim on causation. However, his critique of the First Defendant’s training and risk assessment process is relevant to all employers.’

12 King's Bench Walk, 26th May 2020

Source: www.12kbw.co.uk

Anti-racism Protests: What Are Your Rights Amid The Pandemic? – Each Other

Posted June 5th, 2020 in coronavirus, demonstrations, health, health & safety, human rights, news, race discrimination, racism by sally

‘Anti-racism protests are taking place across the UK to demand justice following the death of George Floyd, the unarmed black man killed in US police custody.’

Each Other, 5th June 2020

Source: eachother.org.uk

Returning to work during Covid-19: safety concerns and protections for employees – 1MCB Chambers

Posted June 5th, 2020 in chambers articles, coronavirus, employment, health, health & safety, news by sally

‘In this blog, employment barristers Michael Sprack and Amrit Bachu identify the obligations on employers to ensure the safety of their workers, particularly workers returning to work during Covid-19, and consider practical steps that workers can take.’

1MCB Chambers, 19th May 2020

Source: 1mcb.com

‘I lost my father to Covid-19. Now I’m taking legal action against the UK government’ – The Guardian

Posted June 4th, 2020 in coronavirus, elderly, health, human rights, ministers' powers and duties, news, statutory duty by sally

‘Dr Minesh Talati wants accountability not just for his father’s death, but the other coronavirus victims who didn’t need to die.’

The Guardian, 3rd June 2020

Source: www.theguardian.com

Prison visits could resume in July in England and Wales – The Guardian

Posted June 3rd, 2020 in coronavirus, freedom of movement, health, health & safety, mental health, news, prisons by sally

‘Families and friends are expected to be able to visit prisoners from July as part of a wider Covid-19 recovery plan for jails in England and Wales, which have been placed under a severely restrictive regime for nearly three months.’

The Guardian, 2nd June 2020

Source: www.theguardian.com

The Coronavirus and Employers’ Liability for PPE – Part 4: Liability Under EU Directive by Jack McCracken and Sarah Hopkinson – Ropewalk Chambers

Posted June 3rd, 2020 in chambers articles, coronavirus, EC law, employment, health, health & safety, news by sally

‘Employers who meet the definition of being an ‘emanation of the state’1 may be liable to employees for breach of EU Directives under the doctrine of “direct effect”.’

Ropewalk Chambers, 11th May 2020

Source: www.ropewalk.co.uk

Parents fight in court over whether children should return to school in England – The Guardian

Posted June 3rd, 2020 in children, coronavirus, divorce, families, health, health & safety, news, school children by sally

‘Separating parents are fighting each other through the courts over whether their children should return to school as lockdown is eased, a leading family lawyer has revealed.’

The Guardian, 2nd June 2020

Source: www.theguardian.com

Lockdown rules: what is allowed in England, Scotland, Wales and Northern Ireland – The Guardian

Posted June 3rd, 2020 in coronavirus, emergency powers, employment, freedom of movement, health, health & safety, news by sally

‘The latest coronavirus rules, from Monday 1 June, are plentiful and complicated. This is your ultimate guide.’

The Guardian, 3rd June 2020

Source: www.theguardian.com

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.’

The Guardian, 31st May 2020

Source: www.theguardian.com

“Project Restart” or a false start: can professional sports clubs compel their players to return to the pitch and waive health and safety liability? – Littleton Chambers

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

‘As elite-level leagues, sporting associations and other stakeholders debate whether competitions can be restarted in an era of physical distancing, it has been reported that some professional football and rugby clubs are proposing to require players to sign disclaimers in relation to the health risks posed by Covid-19 before they resume training.’

Littleton Chambers, 14th May 2020

Source: littletonchambers.com

Up to 1,500 English primary schools to defy 1 June reopening plan – The Guardian

Posted May 20th, 2020 in children, coronavirus, government departments, health, health & safety, local government, news, school children, teachers, trade unions by sally

‘Up to 1,500 primary schools in England are expected to remain closed on 1 June after a rebellion by at least 18 councils forced the government to say it had no plans to sanction them.’

The Guardian, 19th May 2020

Source: www.theguardian.com

Personal Protective Equipment and Liability – Thomas More Chambers

Posted May 18th, 2020 in care homes, chambers articles, coronavirus, emergency services, employment, health, health & safety, news by sally

‘Prior to the impact of the Covid19 pandemic, the issue of personal protective equipment (“PPE”) at work was a niche health and safety topic for specialists in the field. Today it dominates the media, with report after report of inadequate provision of PPE on the frontline, in hospitals, care homes and other essential places of work.’

Thomas More Chambers, 13th May 2020

Source: www.thomasmore.co.uk

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