Property: Residential evictions: where are we now? – Lamb Chambers
‘Oscar Davies gives an update on where we are currently with residential evictions, the general ban and its exceptions.’
Lamb Chambers, November 2020
Source: www.lambchambers.co.uk
Category: regulations
Overstaying Does Not Break Lawful Residence For 10 Years Long Residence ILR – Richmond Chambers
‘This post provides an update on the current landscape of case law addressing the continuous lawful residence requirement for 10 year long residence ILR in light of the case of Hoque & Ors v Secretary of State for the Home Department [2020] EWCA Civ 1357. Specifically, the Court considered the construction of paragraph 276B(v) regarding disregarding of current and previous overstaying.’
Richmond Chambers, 10th November 2020
Source: immigrationbarrister.co.uk
Judicial review challenge to end after Government uses emergency procedure to formalise requirement for bailiffs not to enforce warrants and writs – Local Government Lawyer
‘The Government has issued a statutory instrument under emergency procedures to prevent, except in specified circumstances, bailiffs and High Court Enforcement Officers (HCEOs) attending at a dwelling house to execute a writ or warrant of possession, execute a writ or warrant of restitution or deliver a notice of eviction.’
Local Government Lawyer, 17th November 2020
Source: www.localgovernmentlawyer.co.uk
Was Lockdown Lawful? Thoughts of a former Supreme Court Judge. – 33 Bedford Row
‘Lord Sumption has this evening [27 October] in his lecture entitled “Government by decree – Covid-19 and the Constitution” issued a scathing indictment not only of the political motivations and processes behind lockdown measures, but also the underlying legality of the measures, and their impact upon the long term health of our parliamentary democracy.’
33 Bedford Row, 27th October 2020
Source: www.33bedfordrow.co.uk
Second Coronavirus Lockdown – The Health Protection (Coronavirus, Restrictions) (England) (No.4) Regulations 2020 – 33 Bedford Row
‘Further to Prime Minister Boris Johnson’s televised statement to the nation on Halloween and his statement to Parliament on 2nd November, The Health Protection (Coronavirus, Restrictions) (England) (No. 4) Regulations 2020 were laid before Parliament on 3rd November (pursuant to s.45C(1) of the Public Health (Control of Disease) Act 1984).’
33 Bedford Row, 5th November 2020
Source: www.33bedfordrow.co.uk
Getting off the hook: A guide to securing release from contractual obligations and varying public contracts in light of COVID-19 – 39 Essex Chambers
‘Given the current challenging economic circumstances arising from the COVID-19 pandemic, which the authors fear may worsen over the coming months as employers are weaned off the Government’s furlough scheme, contracting authorities and their contractors may want to be released from obligations under existing contracts (and/or to protect their position having already defaulted on their obligations). Similarly, contracting authorities may want to vary existing contracts going forward. However, for obvious reasons, notably the time and cost involved, the appetite for undertaking a new procurement exercise is likely to be limited. This article therefore provides a guide to the available options for achieving these objectives.’
39 Essex Chambers, 16th October 2020
Source: www.39essex.com
The Self-Isolation Regulations: Implications for Employers – Henderson Chambers
‘The Health Protection (Coronavirus, Restrictions) (Self-Isolation) (England) Regulations 2020, SI 2020/1045 (“the Self-Isolation Regulations”) are the latest in a series of statutory instruments which have, since March 2020, been introduced by UK Government Ministers under the Public Health (Control of Disease) Act 1984 (“the 1984 Act”) in response to the Covid-19 pandemic. This Alerter highlights the implications for employers.’
Henderson Chambers, 9th October 2020
Source: www.hendersonchambers.co.uk
Lockdown 2: how does it affect child contact? – Family Law
‘No sooner had clarity been obtained as to how child contact would work within and across the tier system, than the government announced its suspension in England. From 5 November 2020, a 4-week lockdown will begin. Thankfully though, the position on child contact is very much clearer this time around.’
Family Law, 4th November 2020
Source: www.familylaw.co.uk
Covid-19 and False Imprisonment – UK Constitutional Law Association
‘The Cambridge Private Law Centre last week hosted its annual Freshfields lecture. Lord Sumption addressed us on “Government by decree—Covid-19 and the Constitution”. This lecture has received considerable media attention and already been mentioned on this blog.’
UK Constitutional Law Association, 3rd November 2020
Source: ukconstitutionallaw.org
Robert Craig: Coronavirus Regulations Case reaches the Court of Appeal – Hearing Dates 29-30 October 2020 – UK Constitutional Law Association
‘Litigation challenging the vires of the Coronavirus Regulations has been rumbling along over recent months. On 6 July 2020, Mr Justice Lewis refused permission in the Simon Dolan judicial review case.’
UK Constitutional Law Association, 28th October 2020
Source: ukconstitutionallaw.org
Campaigners launch judicial review challenge over decision by council that petition on changing governance arrangements was invalid – Local Government Lawyer
‘A London borough is facing a judicial review challenge over its decision that a petition calling for a referendum on changes to its governance arrangements was invalid.’
Local Government Lawyer, 28th October 2020
Source: www.localgovernmentlawyer.co.uk
We can work it out: Understanding the new sponsored worker scheme and options for employing migrant workers post-Brexit – EIN Blog
‘On 22 October 2020 new Immigration Rules were published which will fundamentally change how UK business recruits and retains migrant talent. Here we look at 10 key things to know about these changes, and how they may affect individuals and employers.’
EIN Blog, 27th October 2020
Source: www.ein.org.uk
Stuart Wallace: A Triple Threat to the Rule of Law – UK Constitutional Law Association
‘A trio of threats to the rule of law present themselves in parliament at this time: The Internal Market Bill, the Overseas Operations Bill and the inexorable flow of Health Protection Regulations. Before discussing the nature of the threats, it may be useful to highlight the distinct principles of the rule of law that are concerned. While the concept of the rule of law may have been debated by legal scholars for centuries, I am confident that adherents to both the substantive and formal conceptions of the rule of law would be equally affronted by recent developments in Parliament.’
UK Constitutional Law Association, 27th October 2020
Source: ukconstitutionallaw.org
Brexit: UK to ban more EU citizens with criminal records – BBC News
‘Many more EU citizens with criminal records will be barred from entering the UK from January, the Home Office has said.’
BBC News, 22nd October 2020
Source: www.bbc.co.uk
Statutory Instruments: the Unseen Constitutional Crisis – Blackstone Chambers
‘Why is legislating by Statutory Instrument so tempting for Government?’
Blackstone Chambers, 14th October 2020
Source: www.blackstonechambers.com
New Judgment: R (on the application of Highbury Poultry Farm Produce Ltd) v Crown Prosecution Service [2020] UKSC 39 – UKSC Blog
‘The Supreme Court unanimously dismissed this appeal addressing whether proof of an offence contrary to Regulation 30(1)(g) of the Welfare of Animals at the Time of Killing (England) Regulations 2015, brought against a business operator as defined in Regulation (EC) No. 1099/2009 on the protection of animals at the time of killing, requires proof of mens rea and/or some culpable act or omission on the part of the business operator.’
UKSC Blog, 16th October 2020
Source: ukscblog.com
New Brexit law will allow vulnerable EU citizens to apply late to stay in UK – The Guardian
‘The government is to fast-track legislation it believes will stop vulnerable EU citizens becoming Windrush-type victims of Brexit, it has emerged.’
The Guardian, 15th October 2020
Source: www.theguardian.com
Police report rise in Covid rule breaches in north of England – The Guardian
‘Reports of Covid-19 restrictions breaches have increased in parts of the north of England in the run-up to stricter local lockdowns being announced, with some councillors warning about “vexatious” false claims of neighbours breaking the rules.’
The Guardian, 12th October 2020
Source: www.theguardian.com
G-A-Y nightclub owner launches legal action against government over 10pm curfew – The Independent
‘”Enough is enough” says Jeremy Joseph as he launches judicial review into policy that threatens future of pubs, clubs and restaurants.’
The Independent, 5th October 2020
Source: www.independent.co.uk
Half of coronavirus fines go unpaid in England and Wales – The Guardian
‘Half the fines issued by police for breaches of coronavirus rules in England and Wales have not been paid and will be dealt with by the already beleaguered courts, it has been revealed.’
The Guardian, 30th September 2020
Source: www.theguardian.com
