statutory interpretation – Page 9 – Current Awareness

Court of Appeal deals blow to libel tourists – Law Society’s Gazette

Posted June 5th, 2020 in appeals, defamation, foreign jurisdictions, jurisdiction, news, statutory interpretation by sally

‘England and Wales’ courts may be less open to international libel litigation following a Court of Appeal ruling which interprets legislation against ’libel tourism’. In Craig Wright v Roger Ver, the court upheld a decision by the High Court that England and Wales was not the appropriate place to hear a defamation action against claims published on social media by a US-born citizen of St Kitts & Nevis now resident in Japan.’

Law Society's Gazette, 2nd June 2020

Source: www.lawgazette.co.uk

Counter-Terrorism and Sentencing Bill: The Struggle to Balance Legislative Protection With Civil Liberties By Paul Canfield – Broadway House Chambers

Posted June 5th, 2020 in appeals, bills, chambers articles, human rights, news, sentencing, statutory interpretation, terrorism, terrorism prevention & investigation measures by sally

‘As the Government unveils a new Counter-Terrorism and Sentencing Bill, this article briefly looks at the struggle to balance legislative protection with civil liberties in light of the recent Supreme Court decision in R v Adams (Appellant) (Northern Ireland) [2020] UKSC 19.’

Broadway House Chambers, 29th May 2020

Source: broadwayhouse.co.uk

Coronavirus Act 2020: Does it permit mandatory vaccinations? – Garden Court Chambers

Posted May 11th, 2020 in chambers articles, coronavirus, emergency powers, medical treatment, news, statutory interpretation, vaccination by sally

‘There are multiple human rights and civil liberties implications both globally and domestically arising from the response to COVID-19 and the current crisis. Some of them are very real and concerning. Others are scaremongering and simply not true.’

Garden Court Chambers, 1st May 2020

Source: www.gardencourtchambers.co.uk

Case Comment: Aspen Underwriting Ltd and others v Credit Europe Bank NV [2020] UKSC 11 – UKSC Blog

Posted May 6th, 2020 in appeals, banking, insurance, jurisdiction, news, statutory interpretation, Supreme Court by sally

‘In this post, Alaina Wadsworth and Sophie Newman, who both work within the insurance and reinsurance group at CMS, comment on the decision handed down by the UK Supreme Court last month in the matter of Aspen Underwriting Ltd and others v Credit Europe Bank NV [2020] UKSC 11.’

UKSC Blog, 5th May 2020

Source: ukscblog.com

The Adoption and Children (Coronavirus) (Amendment) Regulations 2020, and a little bit of history. – Transparency Project

Posted May 4th, 2020 in adoption, care orders, children, coronavirus, emergency powers, families, fostering, local government, news, social services, statutory interpretation by sally

‘The regulations make changes to the duties that local authorities have with regards to safeguarding children. These are temporary changes and the regulations give a date in September 2020 for them to lapse. This date can be extended, reviewed or simply removed. They were simply made by virtue of the Coronavirus Act 2020. Parliament did not need to approve them first.’

Transparency Project, 3rd May 2020

Source: www.transparencyproject.org.uk

Making Sense of the Amended Lockdown Law – UK Human Rights Blog

Posted May 1st, 2020 in coronavirus, emergency powers, enforcement, freedom of movement, human rights, news, statutory interpretation by sally

‘As has been widely reported, the ‘lockdown’ imposed by the UK Government to tackle the continuing pandemic is governed in the main by the Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 (SI 2020/350) (the Original Regulations).’

UK Human Rights Blog, 1st May 2020

Source: ukhumanrightsblog.com

Portal’s Eve – Littleton Chambers

Posted April 24th, 2020 in chambers articles, company law, coronavirus, emergency powers, news, statutory interpretation by sally

‘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

The lawfulness of the Coronavirus Restrictions Legislation imposing ‘Lockdown’ – UK Police Law Blog

Posted April 24th, 2020 in coronavirus, emergency powers, freedom of movement, news, statutory interpretation by sally

‘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

Posted April 24th, 2020 in appeals, children, community protection notices, families, local government, news, statutory interpretation by sally

‘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

Posted April 22nd, 2020 in coronavirus, emergency powers, government departments, human rights, news, proportionality, statutory interpretation by sally

‘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

Posted April 22nd, 2020 in chambers articles, coronavirus, emergency powers, health, news, statutory interpretation by sally

‘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

Posted April 22nd, 2020 in chambers articles, coronavirus, emergency powers, enforcement, news, proportionality, statutory interpretation by sally

‘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

Posted April 21st, 2020 in appeals, constitutional law, news, parliament, rule of law, statutory interpretation, Supreme Court by sally

‘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

Posted April 21st, 2020 in chambers articles, coronavirus, emergency powers, enforcement, freedom of movement, news, statutory interpretation by sally

‘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

Posted April 21st, 2020 in coronavirus, emergency powers, enforcement, human rights, news, statutory interpretation by sally

‘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

Posted April 20th, 2020 in chambers articles, coronavirus, emergency powers, enforcement, freedom of movement, news, statutory interpretation by sally

‘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

Source: coronavirus.blackstonechambers.com

The impact of Coronavirus, part 3: the emergency criminal offences – 6KBW College Hill

Posted April 20th, 2020 in chambers articles, coronavirus, criminal justice, emergency powers, enforcement, news, statutory interpretation by sally

‘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

Posted April 17th, 2020 in chambers articles, coronavirus, duty of care, easements, local government, news, social services, statutory interpretation by sally

‘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

Posted April 17th, 2020 in chambers articles, coronavirus, emergency powers, enforcement, freedom of movement, local government, news, police, statutory interpretation by sally

‘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

Posted April 17th, 2020 in coronavirus, emergency powers, human rights, news, statutory interpretation, ultra vires by sally

‘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

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