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The Coronavirus Act 2020: When Legislation Goes Viral (Part One)
Police in Brighton prepare to enforce social distancing. Image: The Guardian At this point, it is almost trite to say that we are living through unprecedented events. The global spread of the...
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Home Secretary may not detain on basis of invalid deportation decision
In R (DN – Rwanda) v Secretary of State for the Home Department [2020] UKSC 7, the Supreme Court held that the Claimant was entitled to purse a claim for unlawful detention on the basis that the...
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Supreme Court holds hospital liable for commercial surrogacy — William Edis QC
Image: The Guardian Whittington Hospital NHS Trust v XX [2020] UKSC 14 The Supreme Court has held that a defendant hospital trust must pay for the cost of a commercial surrogacy arrangement abroad...
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Vicarious liability — the new boundary dispute
Image: The Guardian In the Christian Brothers case Lord Phillips of famously declared that “the law of vicarious liability is on the move”. The recent decision of the Supreme Court in Barclays Bank v....
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Inquests into deaths in custody during the COVID-19 pandemic
The exterior of HMP Wormwood Scrubs Following the sad news of the first death in custody from COVID-19, a question arises: what are likely to be the issues at inquests into the deaths in custody from...
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Lockdown: A Response to Professor King — Robert Craig
A police officer enforces the lockdown in Greenwich Park. Image: The Guardian Essential caveat This post analyses the legal provisions that accompany some of the restrictions on movement of...
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Another skirmish on the boundaries of vicarious liability: data protection...
WM Morrison Supermarkets plc (Appellant) v Various Claimants (Respondents) [2020] UKSC 12 On appeal from: [2018] EWCA Civ 2339 – read judgment The following summary is based on the Supreme Court’s...
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The Round Up: Police State Debates and Post Office Delays
Police officers direct traffic in the wake of new legislation In the News In the past week, Covid-19 has once again dominated the news, effectively occluding all other topics. Given that Monday...
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Supreme Court Rejects Appeal in Serco Lock Change Evictions Case – But What...
Introduction Serco is a private company that was contracted by the UK Home Office between 2012 and 2019 to provide accommodation to asylum seekers living in Glasgow. In July 2018, Serco began to...
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New Episode of Law Pod UK
The Supreme Court has recently handed down two judgments rejecting vicarious liability of employers for the wrong doing of of an employee on the one hand, and an independent contractor on the other....
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“Pardonable in the heat of crisis- but we must urgently return to the rule of...
UKHRB readers may be interested to see a paper co-authored by Guy Mansfield QC, formerly member of 1 Crown Office Row. Guy – Lord Sandhurst QC – is a past Chairman of the Bar of England and Wales, and...
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The Coronavirus Act 2020: When Legislation Goes Viral (Part Two)
A lone cyclist crosses Trafalgar Square during the current lockdown. Image: The Guardian Note: In Part One, I set out what I considered to be the Government’s rationale in enacting the Coronavirus Act...
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Leviathan unshackled?
The response to the Covid-19 pandemic by governments across the world has thrown into sharp relief the fact that at a time of crisis the institutions and functions of Nation States are still the key...
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Round Up 13.04.20 – The work of the courts continues despite the impact of...
The bandstand on Clapham Common, fenced off while people use the area for daily exercise. Photograph: Guy Bell/REX/Shutterstock. Credit: The Guardian. Needless to say, the impact of Covid-19 dominated...
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High Court overturns decision not to prosecute rape allegation
The Divisional Court has recently handed down a novel decision in R (FNM) v DPP, considering the right of complainants to a fair opportunity to make representations to the Director for Public...
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Government acted unlawfully in assisting USA to prosecute IS fighter — an...
To what extent can the government be held liable for facilitating the imposition of the death penalty in a foreign state? Since signing the Sixth Protocol to the European Convention in 1999, the UK...
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Derogation in the time of Coronavirus — Nicholas Clapham
The flag of the Council of Europe The Council of Europe has issued guidance to member states contemplating derogation from the European Convention of Human Rights during the coronavirus pandemic:...
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“Pardonable in the Heat of Crisis – building a solid foundation for action”
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...
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The Climate Change Act, Heathrow and HS2
The latest episode of Law Pod UK features energy expert Thomas Muinzer of Aberdeen University and David Hart QC of 1 Crown Office Row. They discuss the complex provisions of the Climate Change Act...
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European Court of Human Rights to Consider Impact of Covid-19
On UKHRB we’ve considered a number of the potential human rights implications of the Covid-19 pandemic and the measures put in place to combat it (Alethea Redfern’s round up is the best place to...
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