Inquest into suicide of gambling addict will explore if UK state failed him – The Guardian

‘The parents of a gambling addict who killed himself have said government bodies “do not want to know what killed a perfectly happy and healthy 24-year-old” who was hooked on “products licensed by the state”.’

Full Story

The Guardian, 25th September 2020

Source: www.theguardian.com

NHS trust fined for lack of candour in first prosecution of its kind – The Guardian

Posted September 24th, 2020 in bereavement, hospitals, news, prosecutions, regulations by sally

‘A hospital trust has been fined for failing to be open and transparent with the bereaved family of a 91-year-old woman in the first prosecution of its kind.’

Full Story

The Guardian, 23rd September 2020

Source: www.theguardian.com

The importance of the Economic Interest Test in the UK’s new Trade Remedies Regime – Brexit Law

Posted September 24th, 2020 in brexit, EC law, international trade, news, regulations by sally

‘The UK’s new trade remedies regime contained in the Taxation (Cross-border Trade) Act 2018 (“2018 Act”) has an economic interest test which is different from that of any other jurisdiction. Some jurisdictions, e.g. US and Australia, have chosen not to have one at all. The test is designed to ensure that only remedies that are in the UK’s economic interests taken as a whole will be adopted.’

Full Story

Brexit Law, 24th September 2020

Source: brexit.law

UK judge halts Home Office flight to remove asylum seekers – The Guardian

Posted September 17th, 2020 in aircraft, asylum, deportation, EC law, news, regulations by michael

‘A senior high court judge has halted a charter flight hours before up to 20 asylum seekers who crossed the Channel to the UK in small boats were due to be forcibly removed to Spain, a country they had previously passed through.’

Full Story

The Guardian, 16th September 2020

Source: www.theguardian.com

Government pledges post-Brexit qualifications recognition – Legal Futures

‘The UK government will put in place a temporary system to recognise the professional qualifications of EU lawyers post 1 January 2021 if no agreement is reached before Brexit, it has confirmed.’

Full Story

Legal Futures, 28th August 2020

Source: www.legalfutures.co.uk

COVID-19 – Enforcing safety guidelines in pubs and other licensed premises – No. 5 Chambers

Posted August 27th, 2020 in coronavirus, health & safety, licensed premises, licensing, news, regulations by sally

‘On the 8th of August 2020, the Local Government Association (“LGA”) called for a new temporary public health or COVID-19 licensing objective to be inserted into the Licensing Act (“LA”) 2003.’

Full Story

No. 5 Chambers, 14th August 2020

Source: www.no5.com

Claimants vow to appeal after High Court dismisses challenge over “downgrading” during pandemic of rights of children with SEN – Local Government Lawyer

‘A High Court judge has dismissed a legal challenge to the Education Secretary’s decisions to reduce the obligations on local authorities to make statutory educational and health care provision for children and young people with special educational needs and disabilities in England during the pandemic.’

Full Story

Local Government Lawyer, 19th August 2020

Source: www.localgovernmentlawyer.co.uk

Local Authority Powers: Coronavirus Update ‘Part 2A’ Public Health Orders – 4-5 Gray’s Inn Square

Posted July 30th, 2020 in coronavirus, health, local government, news, regulations by sally

‘As the UK emerges from lockdown, and as local spikes start to emerge, it is increasingly important that new cases of coronavirus are identified quickly and that anyone who may be infectious complies with guidelines on quarantine, self-isolation and contact tracing. This article considers the potential of Part 2A Public Health Orders as a tool for local authorities to enforce testing and quarantine requirements where infectious individuals refuse to comply voluntarily and pose a threat to public health.’

Full Story

4-5 Gray's Inn Square, 20th July 2020

Source: www.4-5.co.uk

The End is in Sight – but what then?- St Ives Chambers

‘The stay of possession proceedings (which started on 27 March 2020) comes to an end on 23 August 2020 and the courts and government have been working on plans how to resume possession cases after that date.’

Full Story

St Ives Chambers, 24th July 2020

Source: www.stiveschambers.co.uk

Hanna Wilberg: Lockdowns, the principle of legality, and reasonable limits on liberty – UK Constitutional Law Association

‘In responding to the Covid-19 pandemic, governments around the world have imposed unprecedented “lockdowns”. They decided, on the advice of public health officials and experts, that this was necessary in order to at least “flatten the curve” of escalating numbers of infections and thus prevent health systems being overwhelmed. This has left many governments scrambling to find the necessary legal powers.’

Full Story

UK Constitutional Law Association, 23rd July 2020

Source: ukconstitutionallaw.org

Top GC defends in-house lawyers’ approach to ethics – Legal Futures

Posted July 15th, 2020 in coronavirus, legal aid, legal profession, legal services, news, regulations by sally

‘A leading general counsel has attacked the assumption that in-house lawyers “leave their morals at the door” when they join their companies.’

Full Story

Legal Futures, 15th July 2020

Source: www.legalfutures.co.uk

The Care Quality Commission: an essential guide to its powers and processes – Henderson Chambers

‘The Care Quality Commission (“CQC”) is the independent regulator of health and adult social care in England at a time when this sector faces unprecedented scrutiny. However, the CQC’s role and purpose is not well understood. This note provides an essential guide to H&S and regulatory practitioners on the CQC’s powers and procedures in anticipation of widespread enforcement action as the COVID 19 emergency eases.’

Full Story

Henderson Chambers, 25th June 2020

Source: www.hendersonchambers.co.uk

Challenge to Lawfulness of “Lockdown” Regulations: Permission Refused – Coronavirus: Guidance for Lawyers and Businesses

Posted July 7th, 2020 in coronavirus, human rights, judicial review, news, regulations, ultra vires by sally

‘In the judgment today in Dolan & Ors v Secretary of State for Health And Social Care & Anor[2020] EWHC 1786 (Admin) Mr Justice Lewis refused permission to seek a judicial review of the Regulations made as a result of coronavirus. One specific issue has been deferred for later consideration.’

Full Story

Coronavirus: Guidance for Lawyers and Businesses, 6th July 2020

Source: lawinthetimeofcorona.wordpress.com

Religious services ban in England may have been illegal, judge rules – The Guardian

‘Banning religious services may have been illegal but other restrictions imposed by the government in England during the coronavirus lockdown were legitimate, a high court judge has ruled.’

Full Story

The Guardian, 6th July 2020

Source: www.theguardian.com

Alex Schymyck: Why the proposed changes to asylum legal aid fees are unlawful – UK Constitutional Law Association

‘This blog analyses the legality of the Civil Legal Aid (Remuneration) (Amendment) (Coronavirus) Regulations 2020, which came into force on 8 June 2020 The regulations radically alter the renumeration available to lawyers who represent asylum seekers in appeals from decisions refusing to grant refugee status. They threaten the viability of legal aid provision and 66 MPs, including the Labour leader Keir Starmer, have signed an Early Day Motion seeking to annul the regulations. The immigration Bar has gone on strike and a major law firm has already indicated its intention to challenge the legality of the regulations.’

Full Story

UK Constitutional Law Association, 23rd June 2020

Source: ukconstitutionallaw.org

Energy customers face bailiffs as Ofgem allows debt collecting again – The Guardian

Posted June 23rd, 2020 in coronavirus, debts, energy, news, regulations by sally

‘Gas and electricity customers face the prospect of debt collectors chasing up unpaid bills after the energy industry regulator told suppliers they no longer had to offer unlimited coronavirus payment holidays.’

Full Story

The Guardian, 22nd June 2020

Source: www.theguardian.com

Novel foods regulation: Getting your product to the UK market – 3PB

Posted June 18th, 2020 in consumer protection, EC law, food, news, regulations by sally

‘Foods that fall within the definition of “novel food” must have market authorisation before they can be legally marketed in the UK. This article examines what novel foods are and the authorisation process to allow novel food products to reach the UK market. This article touches upon, but does not address at length, the process in respect of “traditional foods from third countries”.’

Full Story

3PB, 5th June 2020

Source: www.3pb.co.uk

Nazir Afzal joins legal fight for new inquiry into Dominic Cummings – The Guardian

‘Nazir Afzal, a former regional chief prosecutor, has joined a legal campaign for a new investigation into Dominic Cummings over alleged breaches of the coronavirus lockdown rules.’

Full Story

The Guardian, 14th June 2020

Source: www.theguardian.com

Regulation in the time of Coronavirus by Nicola Hoskins – Broadway House Chambers

‘At the moment, the phrase “business as usual” means anything but: business unusual, we might say. For some, it means a substantial part of the operation is running remotely; others are subject to extensive furloughs and others still will be seeing a downturn in demand or cashflow from which there may be no easy recovery. This is likely to be the case even as the restrictions begin to ease: social distancing and changes in consumer behaviour may result in remote working and smaller operations for some considerable time to come. Whatever the position, businesses will still be subject to regulatory oversight which may present more challenges than usual. This article will take a brief look at some of the key points, along with some practical considerations arising.’

Full Story

Broadway House Chambers, 8th June 2020

Source: broadwayhouse.co.uk

GMC can investigate solicitor doctor over legal advice – Legal Futures

‘A claim that a solicitor who is also a doctor provided dishonest advice to his clients can be subject to the General Medical Council’s (GMC) disciplinary process, the High Court has ruled.’

Full Story

Legal Futures, 15th June 2020

Source: www.legalfutures.co.uk