‘Hundreds more cases of baby deaths, stillbirths and brain damage raising “very serious” concerns have been uncovered in a scandal that now threatens to be one of the worst in the history of the NHS.’
The Guardian, 21st April 2020
Source: www.theguardian.com
‘The back drop to this case is that the new Practice Direction CPR 51Z effectively stays possession proceedings and enforcement issued pursuant to CPR 55 for 90 days from March 2020.’
St Ives Chambers, 16th April 2020
Source: www.stiveschambers.co.uk
‘Military analogies have been deployed with vigour in the early weeks of the United Kingdom’s battle against COVID-19. Initially the government told the public to ‘keep calm and carry on’. When the lockdown came, the Prime Minister ‘enlisted’ us all to slow its spread. A ‘war cabinet’ was formed and those in the health and social care sectors, who would be most regularly exposed to the virus, were referred to as being on the ‘frontline’ of the battle.’
UK Constitutional Law Association, 21st April 2020
Source: ukconstitutionallaw.org
‘Clinical negligence litigation continues apace as Simeon Maskrey QC, sitting as a Deputy High Court Judge, handed down Judgment last week in a clinical negligence birth injury case (severe neuro-disability consequent upon an acute near total hypoxic-ischaemic insult) following a two-week trial which concluded early last month. This case highlights the ever-increasing importance placed on a patient’s right to autonomy in the decision-making process and the need to ensure that any information provided, including as to the risks to themselves and their baby, is properly understood and appreciated (Montgomery v Lanarkshire Health Board [2015] UKSC 1 considered).’
Park Square Barristers, 16th April 2020
Source: www.parksquarebarristers.co.uk
‘The Respondent (X) had been rendered infertile due to the trust’s negligence. Liability was admitted.’
Old Square Chambers, 8th April 2020
Source: www.oldsquare.co.uk
‘Practice Direction 51Z was hastily brought into force on Friday 27 March 2020, after the Prime Minister’s televised instructions to the nation on the evening of Monday 23 March 2020 that everyone should stay at home in order to beat coronavirus. Practice Direction 51Z imposed a three-month stay on all Part 55 possession proceedings, which ensures that those who were facing the possibility of eviction from their home have some protection during the crisis. However, since the Practice Direction came into force, property practitioners have been grappling with the possibly unintended consequences that come from its very wide scope. This has been brought into sharp focus by the recent case of University College London Hospitals Foundation Trust v MB [2020] EWHC 882 (QB), in which PD51Z prevented an NHS Trust from obtaining a possession order to facilitate the discharge of a patient from hospital, in circumstances where her bed was needed for critically ill-patients, she was medically fit for discharge, and indeed she would be at less risk of infection from COVID-19 if out of the hospital. As this article explains, the NHS Trust in the UCLH case was able to obtain the relief it needed by the alternative route of an injunction, but the case nevertheless highlights that PD51Z may need to be revisited.’
Falcon Chambers, 15th April 2020
Source: www.falcon-chambers.com
‘There will have been many cottages lying empty over the Easter period. Many of them will have been booked and the person who booked will have paid a deposit. What is the position? Are they liable to pay the balance? Can they recover the deposit? A cursory search of such guidance as there is online suggests that the doctrine of frustration may have been overlooked.’
Tanfield Chambers, 14th April 2020
Source: www.tanfieldchambers.co.uk
‘Over 750,000 volunteers have signed up to the government’s scheme to assist the NHS and social services during the coronavirus outbreak. For those coming from another job, what employment protection do these volunteers have? The Minister introduced this aspect of the emergency legislation, the Coronavirus Act 2020, by saying “The Bill protects the income and the employment status of those who volunteer in the health and social care system. Volunteers will play a critical role in relieving the pressure on frontline clinicians and social care staff”. Sections 8, Schedule 7 and section 9 provide for ‘emergency volunteer leave’ (EVL). In this blog, the seventh in a Covid-19 series, Declan O’Dempsey and Tom Gillie answer the following pressing questions: What is EVL? Who may take it, and what should employers do if staff request to do so? The provisions of the Act are not in force at the time of writing. The situation is however a very fast moving one.’
Cloisters, 3rd April 2020
Source: www.cloisters.com
‘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.’
39 Essex Chambers, 7th April 2020
Source: www.39essex.com
‘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?’
Nexus Chambers, 10th April 2020
Source: www.nexuschambers.com
‘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.’
Coronavirus: Guidance for Lawyers and Businesses, 14th April 2020
‘A high court judge has ruled a woman can be discharged from the hospital bed she has occupied for more than a year to relieve pressure during the Covid-19 pandemic.’
The Guardian, 10th April 2020
Source: www.theguardian.com
‘The Supreme Court has held that a defendant hospital trust must pay for the cost of a commercial surrogacy arrangement abroad despite such arrangements being unlawful in the UK.’
UK Human Rights Blog, 3rd April 2020
Source: ukhumanrightsblog.com
‘The claimant in this case had a number of cervical smear tests carried out. Each test was negligently reported to the effect that the hospital failed to detect her cervical cancer, leaving her infertile. Before having chemo-radiotheraphy, the claimant had 8 eggs collected and frozen. She sought to have four children and her preference was for surrogacy arrangements in California on a commercial basis. The present appeal concerned the damages payable for the loss of her ability to have her own child. The High Court had dismissed the claimant’s claim for commercial surrogacy in California as contrary to public policy, and held that surrogacy using donor eggs was not restorative of the claimant’s fertility but allowed damags for own-egg surrogacies in the UK. The Court of Appeal found in favour of the claimant. The hospital appealed to the Supreme Court.’
UKSC Blog, 1st April 2020
Source: ukscblog.com
‘A man who boasted on social media of visiting a hospital without a medical reason has been jailed for 12 weeks.’
BBC News, 2nd April 2020
Source: www.bbc.co.uk
‘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
‘A look at the legal issues surrounding the provision of personal protective equipment to front line healthcare workers.’
Old Square Chambers, 30th March 2020
Source: www.oldsquare.co.uk
‘A woman who wants to have surrogate children through commercial agreements in California has won her claim that the NHS should pay for the treatment.’
The Guardian, 1st April 2020
Source: www.theguardian.com
‘Medway Council has lodged an appeal against a High Court decision which found that a joint committee of clinical commissioning groups had acted lawfully when dealing with health inequalities when they decided the locations of three hyper acute stroke units (HASUs) in Kent.’
Local Government Lawyer, 31st March 2020
Source: www.localgovernmentlawyer.co.uk
© Inner Temple Library 2025