A Tribute to Sir John Laws

This article originally appeared in a Covid-19 Special Issue (April 2020). As we in the legal profession struggle and strive to keep pace with all the legal developments and practical guidance being issued in response to Covid-19, it is vital not to lose sight of the tragic human cost it…

PPE Provision

One of the totemic issues that has emerged over recent weeks as part of the COVID-19 pandemic is the provision of ‘appropriate’ and ‘sufficient’ Personal Protective Equipment (“PPE”), above all to those providing hands-on care to patients in hospital and to residents in care homes.  Leaving aside criminal liability for…

Coronavirus – Practice Direction Updates

This article originally appeared in a Covid-19 Special Issue (April 2020). Practice Direction 51ZA – Extension of time-limits and clarification of practice direction 51Y - Coronavirus – 1 April 2020  This PD is effective from 2 April 2020 and ceases to have effect on 30 October 2020.  Paragraph 2 of…

Order Seeking Possession of a Hospital Bed During the Covid-19 Pandemic

University College London Hospitals NHS Foundation Trust v MB (Rev 1) [2020] EWHC 882 (QB)  The Claimant, the NHS Trust, sought possession from the Defendant, a patient called MB, of a bedroom on a ward of the hospital. The ward was intended for those requiring acute neuropsychiatry care for up…

Application for Adjournment Due to Covid-19

Re One Blackfriars Ltd (In Liquidation) [2020] EWHC 845 (Ch)  This article originally appeared in a Covid-19 Special Issue (April 2020). At a pre-trial review on 1 April 2020, the joint liquidators of One Blackfriars Ltd applied to adjourn a 5-week trial which was due to start on 8 June…

Coroner’s Investigations, Inquests and Covid-19

The coronial jurisdiction has been particularly affected by the COVID-19 pandemic. Death referrals to coroners are up significantly throughout the county, as much as fivefold in some jurisdictions. It therefore comes as no surprise that the Chief Coroner has rapidly brought out further guidance to assist coroners in this unprecedented…

Inquests into Deaths in Custody During the Covid-19 Pandemic

Following the sad news of the first death in custody from COVID-19, one question arises: what are likely to be the issues at inquests into the deaths in custody from COVID-19?  Article 2 and the central issues  Not all deaths in custody mandate an Article 2 inquest (see R (Tainton)…

Coronavirus, Care Homes and Best Interests

BP v Surrey CC [2020] EWCOP 17  This was an urgent application on behalf of BP, brought by his daughter and litigation friend, FP. BP is 83, suffers from Alzheimer’s disease and is deaf but can communicate through a ‘communication board.’ FP brought an application seeking BP’s discharge from his…

Covid-19 and Immigration Detention Centres

At the start of the year, some 1,200 immigrants were being held in immigration detention in the UK. The power to detain immigrants is separate from detention of individuals as part of a criminal sentence. There is a presumption against detention of immigrants, and immigration detention can only be in…

Legal Immunity in the Covid-19 Pandemic?

It was reported over the weekend of 18-19 April 2020 that the Medical Defence Union (“MDU”), which provides legal support to around 200,000 doctors, was calling for a debate on the need for emergency legislation to protect doctors from negligence claims arising from the COVID-19 emergency.  The particular concerns raised…