Category: statutory interpretation

Cremation under coronavirus restrictions – Law & Religion UK

Posted April 16th, 2020 in burials and cremation, coronavirus, emergency powers, news, statutory interpretation by sally

‘As the coronavirus pandemic progresses, a recent indication of the development of funeral practices was given by The Guardian headline “UK councils begin to ban funeral ceremonies due to coronavirus“. Although dated 4 April, changes were being introduced by Leeds City Council as early as 20 March when it was announced that new funeral bookings (in Leeds) would be “cremation only”’ with no attendees.’

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Law & Religion UK, 15th April 2020

Source: www.lawandreligionuk.com

Sawkill -v- Highways England Company Ltd [2020] EWHC 801(Admin) – No. 5 Chambers

Posted April 16th, 2020 in chambers articles, news, planning, roads, statutory interpretation by sally

‘This case, although legally technical in nature, provides an interesting illustration of the way that the courts grapple with interpreting statutory powers in real-world situations.’

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No. 5 Chambers, 8th April 2020

Source: www.no5.com

Police Powers Under the 2020 Coronavirus Act by Stephen Wood QC – Broadway House Chambers

Posted April 15th, 2020 in chambers articles, coronavirus, emergency powers, enforcement, news, police, statutory interpretation by sally

‘A woman is arrested for loitering at a railway station and ‘prosecuted’ under the Coronavirus Act 2020. The prosecution do not oppose her appeal against conviction to the Crown Court on the basis that she had been prosecuted for an offence not known in law.’

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Broadway House Chambers, 14th April 2020

Source: broadwayhouse.co.uk

Man wrongly convicted under coronavirus law, Met police admit – The Guardian

Posted April 15th, 2020 in coronavirus, emergency powers, enforcement, fines, news, police, statutory interpretation, wrongful arrest by sally

‘A 21-year-old man has been wrongly convicted under coronavirus laws, the Metropolitan police have admitted, as concerns grow over the use of emergency powers.’

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The Guardian, 14th April 2020

Source: www.theguardian.com

Sean Molloy: Covid-19, Emergency Legislation and Sunset Clauses – UK Constitutional Law Association

Posted April 9th, 2020 in constitutional law, coronavirus, emergency powers, limitations, news, statutory interpretation by sally

‘On 25 March, the UK passed the Coronavirus Act 2020 as part of its attempt to manage the coronavirus outbreak. The Act introduces a wave of temporary measures designed to either amend existing legislative provisions or introduce new statutory powers in order to mitigate the effects of the COVID-19 (See Nicholas Clapham’s Conversation post here on the content of Bill). As countries around the world enact similar laws, there are notable concerns regarding not only the impact of emergency provisions on human rights, but also the potential of emergency powers to become normalised. One response is to utilise sunset clauses. This piece argues that while sunset clauses are both welcome and necessary, they should nevertheless be approached with a degree of caution.’

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UK Constitutional Law Association, 8th April 2020

Source: ukconstitutionallaw.org

Lockdown: A Response to Professor King — Robert Craig – UK Human Rights Blog

Posted April 7th, 2020 in coronavirus, emergency powers, enforcement, freedom of movement, health, human rights, news, statutory interpretation by sally

‘This post analyses the legal provisions that accompany some of the restrictions on movement of individuals announced by the Government. The movement restrictions themselves are vital to the protection of life in the current crisis and must be adhered to by all persons. The current Government guidance setting out these and other restrictions can be found here. Legal scrutiny of the associated regulations is warranted but should not be taken to question the undeniable imperative to follow that guidance.’

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UK Human Rights Blog, 6th April 2020

Source: ukhumanrightsblog.com

The Coronavirus Act 2020: When Legislation Goes Viral (Part One) – UK Human Rights Blog

Posted April 6th, 2020 in bills, coronavirus, emergency powers, freedom of movement, human rights, news, statutory interpretation by sally

‘At this point, it is almost trite to say that we are living through unprecedented events. The global spread of the Coronavirus pandemic poses serious challenges to society. So far, the global death-toll has exceeded 21,000 and life as we know it in the UK has changed dramatically. In response to this crisis the Government has announced drastic measures in order to curb the spread of the virus and to support those who may be affected. Indeed, it seems that Cicero’s famous injunction to let the welfare of the people be the highest law has gained a new relevance in the age of COVID-19.’

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UK Human Rights Blog, 2nd April 2020

Source: ukhumanrightsblog.com

New Judgment: Zipvit Ltd v Commissioners for Her Majesty’s Revenue and Customs [2020] UKSC 15 – UKSC Blog

Posted April 6th, 2020 in appeals, EC law, news, references to European Court, statutory interpretation, Supreme Court, taxation, VAT by sally

‘The case concerned whether Zipvit, a trader selling vitamins and minerals by mail order, is entitled when accounting for VAT on its sales to make deductions of input VAT (the tax paid by the trader on goods and services purchased in connection with its business, as opposed to output VAT, which is the tax charged to the consumer by the trader on its goods or services) in respect of the price of postal services supplied to it by Royal Mail.’

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UKSC Blog, 1 April 2020

Source: ukscblog.com

Coronavirus: Woman ‘wrongly charged under new law’ – BBC News

Posted April 3rd, 2020 in coronavirus, emergency powers, enforcement, fines, news, police, statutory interpretation, wrongful arrest by sally

‘British Transport Police has admitted wrongly charging a woman who was fined £660 under coronavirus legislation.’

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BBC News, 3rd April 2020

Source: www.bbc.co.uk

How Well Do You Know The New Coronavirus Lockdown Rules? – Each Other

Posted April 3rd, 2020 in coronavirus, emergency powers, enforcement, news, police, statutory interpretation by sally

‘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.’

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Each Other, 2nd April 2020

Source: eachother.org.uk

Jeff King: The Lockdown is Lawful: Part II – UK Constitutional Law Associaiton

Posted April 2nd, 2020 in constitutional law, coronavirus, emergency powers, freedom of movement, health, human rights, news, proportionality, statutory interpretation by sally

‘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.’

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UK Constitutional Law Association, 2nd April 2020

Source: ukconstitutionallaw.org

The Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 – Six Pump Court

Posted April 2nd, 2020 in chambers articles, coronavirus, emergency powers, news, statutory interpretation by sally

‘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.’

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Six Pump Court, 27th March 2020

Source: www.6pumpcourt.co.uk

Whistleblowing: how easy is it to make a qualifying disclosure? – St John’s Buildings

Posted April 1st, 2020 in chambers articles, disclosure, employment, news, statutory interpretation, whistleblowers by sally

‘It is generally assumed that the threshold for a statement made by a worker to qualify for whistleblowing protection is not high. After all, the information provided need only ‘tend’ to show, in the ‘reasonable belief’ of the worker that one of the wrongs identified in s.43B Employment Rights Act 1996 is being, has been, or will be committed. Often therefore, an unfair dismissal, or detriment, claim will proceed on the basis, without more, that the worker told the employer something to do with health and safety (or legal obligation or crime etc.). A deeper analysis of the s.43B requirements shows that qualification for protection is not as simple as first appears.’

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St John's Buildings, March 2020

Source: stjohnsbuildings.com

Coronavirus and detention under the Mental Health Act – Doughty Street Chambers

Posted April 1st, 2020 in chambers articles, consent, coronavirus, detention, medical treatment, mental health, news, proportionality, statutory interpretation, time limits, Wales by sally

‘The Coronavirus Act 2020 (CA 2020) has now been passed. However not all the provisions have yet come into force. Many of the provisions (including the amendments to the Mental Health Act 1983 (MHA) and to the Care Act 2014) will come into force on a day appointed by a Minister according to regulations. Once in force, a part of the Act could also be suspended and revived. For further details on this, see our earlier post here.’

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Doughty Street Chambers, 30th March 2020

Source: insights.doughtystreet.co.uk

The quickly mutating Coronavirus legislation – drafting anomalies and police powers – UK Police Law Blog

Posted April 1st, 2020 in coronavirus, drafting, emergency powers, enforcement, news, police, statutory interpretation by sally

‘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.’

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UK Police Law Blog, 31st March 2020

Source: ukpolicelawblog.com

Jeff King: The Lockdown is Lawful – UK Constitutional Law Association

Posted April 1st, 2020 in constitutional law, coronavirus, emergency powers, freedom of movement, news, statutory interpretation by sally

‘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.’

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UK Constitutional Law Association, 1st April 2020

Source: ukconstitutionallaw.org

Question of Incompatibility – Deprivation of Children’s Liberty Without Court Order? – Family Law Week

Posted April 1st, 2020 in care homes, care orders, children, families, human rights, news, statutory interpretation by sally

‘All persons are guaranteed the right to liberty and security of the person, as enshrined in Article 5 of the European Convention of Human Rights. As such, when an issue arises with regard to a potential deprivation of liberty of a child (or indeed of any person), appropriate procedural safeguards must be in place to ensure the child’s Article 5 as well as their Article 8 rights to private and family life are sufficiently protected. For some time, the courts have undertaken this process through the use of the inherent jurisdiction of the High Court to authorise and review any such deprivation of liberty in a way that renders the process compliant with Article 5.’

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Family Law Week, 12th March 2020

Source: www.familylawweek.co.uk

Out of time but not out of mind – Nearly Legal

Posted February 3rd, 2020 in appeals, delay, homelessness, housing, legal aid, legal representation, news, reasons, statutory interpretation, time limits by sally

‘We saw the High Court in this case take an incredibly strict approach to homelessness section 204 appeal timescales (our report), deciding that seeking legal aid representation could not be a good reason for filing an appeal out of time because, well, the substance of any appeal should be obvious to an unrepresented homeless applicant. We expressed considerable doubts about the realism of this decision at the time. Now, as it turns out, the Court of Appeal has had similar doubts.’

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Nearly Legal, 2nd February 2020

Source: nearlylegal.co.uk

Bateman v Devon CC (HHJ Mitchell, Plymouth CC, 2nd September 2019): Falling in between the portals – Guildhall Chambers

Posted January 21st, 2020 in costs, news, personal injuries, road traffic, statutory interpretation by sally

‘The facts of the case were straightforward. The Claimant was riding his motorcycle along a road for which the Local Authority were responsible when he fell and injured himself as a result of a pothole. A claim was brought against the Local Authority. Liability was denied, but after proceedings were served the case settled for a sum of £800.’

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Guildhall Chambers, 17th January 2020

Source: www.guildhallchambers.co.uk

Ethical Veganism as a Protected Characteristic – St John’s Building

Posted January 17th, 2020 in appeals, disclosure, employment, employment tribunals, equality, interpretation, news, statutory interpretation, unfair dismissal, veganism by sally

‘An employment tribunal has ruled that ethical veganism is a philosophical belief that is protected by law against discrimination. In Jordi Casamitjana v the League Against Cruel Sports (LACS) JC complains of unfair dismissal having raised concerns with colleagues that its pension fund invested in companies involved in animal testing. The charity did not contest that ethical veganism should be protected but will argue at trial that JC was dismissed for gross misconduct.’

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St John's Buildings, 9th January 2020

Source: stjohnsbuildings.com