Portal’s Eve – Littleton Chambers
‘On the eve [19 April] of the Scheme going live, David Reade QC and Daniel Northall examine the uncertainties that persist.’
Littleton Chambers, 19th April 2020
Source: littletonchambers.com
Category: statutory interpretation
The lawfulness of the Coronavirus Restrictions Legislation imposing ‘Lockdown’ – UK Police Law Blog
‘The Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 and the similar (but not identical) regulations made in the other 3 nations of the UK (together, “the ‘Lockdown’ Regulations”) have been suggested by some to be unlawful (being ultra vires their parent statute) insofar as they purport to criminalise all those leaving the places where they are living, as opposed to merely those who may be infected. This blog examines the main arguments and explains the legal consequences if those arguments are right.’
UK Police Law Blog, 23rd April 2020
Source: ukpolicelawblog.com
Council fails in appeal over power to issue mother with community protection notice regarding anti-social behaviour of son – Local Government Lawyer
‘Justices in Staffordshire were right to conclude that on the proper construction of section 43 of the Anti-Social Behaviour, Crime and Policing Act 2014, a council had no power to issue a Community Protection Notice (“CPN”) in the name of a mother concerning the conduct of her child, the Divisional Court has ruled.’
Local Government Lawyer, 22nd April 2020
Source: www.localgovernmentlawyer.co.uk
A disproportionate interference: the Coronavirus Regulations and the ECHR — Francis Hoar – UK Human Rights Blog
‘The ‘lockdown’ imposed by the government to contain the coronavirus and Covid 19, the disease it causes has been enforced mainly through the Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 (‘the Regulations’), imposed under powers delegated by the Public Health (Control of Disease) Act 1984 (‘the 1984 Act’).’
UK Human Rights Blog, 21st April 2020
Source: ukhumanrightsblog.com
The Health Protection (Coronavirus Restrictions) Regulations 2020 – Pump Court Chambers
‘Justin Gau introduces us to The Health Protection (Coronavirus Restrictions) Regulations 2020. The regulations were introduced as a response to the serious and imminent threat to public health posed by the Coronavirus. In accordance with section 45R of the Public Health (Control of Disease) Act 1984, the Secretary of State was of the opinion that, by reason of urgency, it was necessary to make this statutory instrument without a draft having been laid before, and approved by each House of Parliament.’
Pump Court Chambers, 17th April 2020
Source: www.pumpcourtchambers.com
The impact of Coronavirus, part 5: the Coronavirus Act 2020 – 6KBW College Hill
‘As Hippocrates remarked at the height of the Plague of Athens in 430BC, desperate times call for desperate measures. The deadly coronavirus has brought forth desperate measures almost everywhere, and the keystone of this country’s response to the crisis is the Coronavirus Act 2020. This post focusses on some key aspects of it, asking how the new offences relating to “potentially infectious” persons are defined and whether the Act as a whole is necessary.’
6KBW College Hill, 16th April 2020
Source: blog.6kbw.com
Alexander Latham-Gambi: What is Parliament doing when it legislates? Legislative Intention and Parliamentary Sovereignty in Privacy International – UK Constitutional Law Association
‘In this post I argue, with reference to Privacy International, that the nature of legislation as a speech act entails that the tension between parliamentary sovereignty and the rule of law is not as profound as is often thought.’
UK Constitutional Law Association, 20th April 2020
Source: ukconstitutionallaw.org
COVID-19 Legislation: The uncertainty is infectious – St John’s Buildings
‘Society is experiencing the biggest Government led restriction of movement since the Second World War, instigated by The Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 which came into force at 1pm on 26th March 2020.’
St John's Buildings, 15th April 2020
Source: stjohnsbuildings.com
Is the Lockdown Lawful? An overview of the debate – UK Human Rights Blog
‘The Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 were made by the Health Secretary on 26 March 2020. Understandably, given the speed with which the crisis was and still is developing, the Regulations were made using a statutory emergency procedure, meaning that they were not subject to Parliamentary scrutiny. They have yet to be challenged in the courts. In the meantime, a lively and important debate has developed about whether those regulations are lawful.’
UK Human Rights Blog, 20th April 2020
Source: ukhumanrightsblog.com
Coronavirus and Civil Liberties in the UK – Blackstone Chambers
‘On 26 March 2020 the four countries of the United Kingdom became subject to regulations setting out the most severe restrictions on liberty ever imposed. Those restrictions are vitally necessary for fighting the coronavirus. This article analyses the range of legal issues that the restrictions give rise to, investigating what further refinements and reinforcement are required to ensure they are placed on a more secure legal footing.’
Blackstone Chambers, 6th April 2020
The impact of Coronavirus, part 3: the emergency criminal offences – 6KBW College Hill
‘The current pandemic has led to a flood of emergency legislation. This post deals with The Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 (SI 2020 No. 350) made under the Public Health (Control of Disease) Act 1984, which supplement the Coronavirus Act 2020. The Regulations are, as is now trite, the strictest control on peacetime life in the modern history of the United Kingdom, and they set out the limits of the “lockdown” and how it is to be enforced. This post aims to set out how the Regulations apply to individuals, and provide some analysis of their contents.’
6KBW College Hill, 6th April 2020
Source: blog.6kbw.com
The Coronavirus Act 2020 and Adult Social Care – 4-5 Gray’s Inn Square
‘This note is intended to assist local authorities when considering their Care Act 2014 duties following the Coronavirus Act 2020 (“The Act”) coming into force on 3 March 2020[1]. The Secretary of state issued Guidance on 01 April 2020. The Act contains provision for “easements” of Care Act 2014 duties during the emergency.’
4-5 Gray's Inn Square, 7th April 2020
Source: www.4-5.co.uk
Coronavirus Restrictions: local authority enforcement powers – narrower than you might think – Francis Taylor Building
‘Those venturing to their local park over the weekend probably witnessed an increased presence of police constables, out to enforce the new restrictions on movement and public gatherings. Those restrictions, as well as rules forcing the closure of certain businesses and premises, were introduced on 26 March 2020 by the Health Protection (Coronavirus, Restrictions) (England) Regulations 2020.’
Francis Taylor Building, 9th April 2020
Source: www.ftbchambers.co.uk
“Pardonable in the Heat of Crisis – building a solid foundation for action” – UK Human Rights Blog
‘In a paper published today Lord Sandhurst QC and Benet Brandret QC follow up on the previous paper co-authored by Lord Sandhurst QC by making concrete proposals for addressing the issues identified previously (see the previous paper here and our post on it here). It sets out a more concluded position on the doubts as to the vires for SI 2020/350 by explaining why the Statutory Instrument is, indeed, ultra vires, and the need for new legislation. It also sets out routes to put legislation and Guidance on a sound footing.’
UK Human Rights Blog, 16th April 2020
Source: ukhumanrightsblog.com
Cremation under coronavirus restrictions – Law & Religion UK
‘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.’
Law & Religion UK, 15th April 2020
Source: www.lawandreligionuk.com
Sawkill -v- Highways England Company Ltd [2020] EWHC 801(Admin) – No. 5 Chambers
‘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.’
No. 5 Chambers, 8th April 2020
Source: www.no5.com
Police Powers Under the 2020 Coronavirus Act by Stephen Wood QC – Broadway House Chambers
‘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.’
Broadway House Chambers, 14th April 2020
Source: broadwayhouse.co.uk
Man wrongly convicted under coronavirus law, Met police admit – The Guardian
‘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.’
The Guardian, 14th April 2020
Source: www.theguardian.com
Sean Molloy: Covid-19, Emergency Legislation and Sunset Clauses – UK Constitutional Law Association
‘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.’
UK Constitutional Law Association, 8th April 2020
Source: ukconstitutionallaw.org
Lockdown: A Response to Professor King — Robert Craig – UK Human Rights Blog
‘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.’
UK Human Rights Blog, 6th April 2020
Source: ukhumanrightsblog.com
