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250620 / 11 posts found

How COVID-19 is Impacting Healthcare Litigation – Lexology

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COVID-19 has placed the world in virtual lockdown. In an effort to mitigate the spread of the virus, the Irish government introduced travel restrictions limiting travel to essential travel only. Attending medical appointments is listed as an exception. We explore how the ongoing travel restrictions might impact the medico-legal examination of plaintiffs which is a necessary step in the litigation process. We also discuss the challenges facing legal practitioners in progressing healthcare litigation where the Courts Service has been scaling back its operations unless urgency can be demonstrated. Medico-legal examination of plaintiffs Where a a claim is brought for personal [...]

Coronavirus: New advice for businesses in England on how to reopen safely

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Image copyright Getty Images Image caption Cinemas are among the venues which will be allowed to reopen from 4 July Updated guidance has been published on how hairdressers, hotels, pubs and other businesses in England can reopen safely from 4 July. It includes advice to reconfigure seating, minimise self-service, cancel live acts and stagger arrivals. Customers will be urged to book in advance, order online or through apps and not to lean on counters. It comes after Boris Johnson announced sweeping changes to England's lockdown, including a relaxing of the 2m rule. Pubs, restaurants, cinemas and hairdressers are among the [...]

Legislation to abolish some jury trials could be passed within weeks

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Lord Chancellor Robert Buckland QC indicated today that legislation to allow trial without jury could be passed within weeks – but the changes would only be temporary. Buckland told MPs on the justice select committee that operating either-way cases without juries is now under serious discussion, as the backlog of cases forces radical change to the criminal justice system. He confirmed that 200 extra sites were required to deal with the rising number of cases waiting to be heard, with 10 alternative venues signed off this week. Buckland described trials with just a judge and two magistrates as a ‘last [...]

The Road Ahead: Fairness and the Family Courts in the era of Covid-19

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Home > Articles Alex Hodge, barrister at 3PB, considers the fairness of a judicial system in which hearings are conducted remotely, evidence and submissions are limited and cases are managed robustly. Alex Hodge, barrister, 3PB In Revolutionary France, the architects of the Great Terror, Citizens Robespierre and Saint Just, came up with an ingenious way of streamlining the judicial process, to ensure that the victims of the Guillotine would continue to rise exponentially. The Law of 22 Prairial (enacted on 10th June 1794 using the traditional calendar), was hastily put in place to deal with a rising prison population, under [...]

Contract Renegotiation Vs. Litigation In Wake Of COVID-19 – Law360

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By Edward Tillinghast and Jacqueline Simonovich Law360 is providing free access to its coronavirus coverage to make sure all members of the legal community have accurate information in this time of uncertainty and change. Use the form below to sign up for any of our daily newsletters. Signing up for any of our section newsletters will opt you in to the daily Coronavirus briefing. Law360 (June 22, 2020, 5:54 PM EDT) -- Edward Tillinghast Jacqueline Simonovich As COVID-19 has affected businesses globally, contractual defenses, such as force majeure and frustration of purpose, have gained increasing visibility. These doctrines are intended [...]

Overhaul of family courts after domestic abuse victims ‘ignored, dismissed or disbelieved’ – Sky New…

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The government has promised a major overhaul of family courts after a damning report found domestic abuse victims were being "ignored, dismissed or disbelieved". Ministers will make it easier for judges to issue barring orders preventing abusers from repeatedly dragging their ex-partners back to court, which is used as a form of continuing domestic abuse. Reforms will also see more victims given access to separate building entrances and waiting rooms, as well as protective screens to shield them from the alleged abuser in court, the Ministry of Justice said. Image: A survivor of domestic abuse said she felt 'constantly attacked' [...]

Family court judges given power to intervene in domestic abuse cases

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Judges will be empowered to intervene in cases of domestic abuse to prevent the complainant from being re-victimised by aggressive lines of questioning, as part of a new raft of legal changes announced today. Victims will also be provided with separate entrances to court buildings and given their own waiting rooms as well as protective screens to shield them from former partners. The reforms have been announced as the domestic abuse bill goes through its report stage in the Commons on Thursday. Some changes will be incorporated into the legislation. The additional powers for ‘investigative’ or ‘inquisitorial’ judges to direct [...]

Survey reveals public support for NHS to be shielded from Covid litigation

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Tuesday, 23 June 2020 7:00 PM A survey commissioned by the Medical Defence Union (MDU) of 2,108 UK adults has found that 70% think doctors, dentists and other NHS staff involved in providing treatment to patients during the Covid-19 pandemic should be able to do so without the risk of the NHS being sued for negligence. What’s more only 7% of respondents disagreed with this, according to the survey, which was carried out by Savanta Comres*. As more NHS services resume, the MDU, the UK’s leading medical defence [...]

LEGAL EAGLE: How do I attend custody battle when we’re all in lockdown? – Sunderland Echo

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We have been to one court hearing so far but the next court hearing is coming up soon. I’m really worried as I am classed as “extremely vulnerable” and under the current Government COVID-19 guidelines I am advised to remain at home until 30th June. I won’t be able to attend my court hearing. What can I do? Since the beginning of lockdown in March, most family court hearings have been going ahead albeit such are conducted remotely. This means they are done either by video link or more often than not by telephone. This has removed the necessity for [...]

Frequently Asked Questions on Trusts for family law – Family Law

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What is a Trust and how and when is one created? A Trust is created when assets are transferred from one person (the settlor) to another person, people or company (the trustees) to hold for the benefit of another person or people (the beneficiaries). The trustees of a Trust are under a legal duty to manage and control the assets held within them and to act in the best interest of the beneficiaries. A Trust can be set up during lifetime or set up in a Will to take effect on death. What are the main different types of Trust? [...]