header-logo header-logo

25 June 2020 / Peter Thompson KC
Issue: 7892 / Categories: Opinion , Covid-19 , Human rights
printer mail-detail

COVID-19: Lockdown lovers

23164
Lockdown laws from a loving perspective, by Peter Thompson QC

COVID-19 has brought death and despair. We cannot see an end but we have been offered hope in the form of restrictions on our activities which ought, if the scientists are right, to improve our chances of survival. Yes, but what are the restrictions and what do they mean for you and me?

Lockdown law

First, the black letter law. Although the Secretary of State has been empowered by the Coronavirus Act 2020 to issue directions relating to events, gatherings and premises (s 52 and Sch 22), the main restrictions on our activities have been imposed, as of 26 March 2020, by regulations made under the Public Health (Control of Disease) Act 1984. The controlling instrument for England is the Health Protection (Coronavirus, Restrictions) (England) Regulations 2020, (SI 2020/350) and a similar instrument regulates activities in Wales. Both have been amended several times and for England the most significant amendments are in the Amendment No 3 regulations (SI 2020/558), which came

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Jackson Lees Group—Jannina Barker, Laura Beattie & Catherine McCrindle

Jackson Lees Group—Jannina Barker, Laura Beattie & Catherine McCrindle

Firm promotes senior associate and team leader as wills, trusts and probate team expands

Asserson—Michael Francos-Downs

Asserson—Michael Francos-Downs

Manchester real estate finance practice welcomes legal director

McCarthy Denning—Harvey Knight & Martin Sandler

McCarthy Denning—Harvey Knight & Martin Sandler

Financial services and regulatory offering boosted by partner hires

NEWS
The cab-rank rule remains a bulwark of the rule of law, yet lawyers are increasingly judged by their clients’ causes. Writing in NLJ this week, Ian McDougall, president of the LexisNexis Rule of Law Foundation, warns that conflating representation with endorsement is a ‘clear and present danger’
Holiday lets may promise easy returns, but restrictive covenants can swiftly scupper plans. Writing in NLJ this week, Andrew Francis of Serle Court recounts how covenants limiting use to a ‘private dwelling house’ or ‘private residence’ have repeatedly defeated short-term letting schemes
Artificial intelligence (AI) is already embedded in the civil courts, but regulation lags behind practice. Writing in NLJ this week, Ben Roe of Baker McKenzie charts a landscape where AI assists with transcription, case management and document handling, yet raises acute concerns over evidence, advocacy and even judgment-writing
The Supreme Court has drawn a firm line under branding creativity in regulated markets. In Dairy UK Ltd v Oatly AB, it ruled that Oatly’s ‘post-milk generation’ trade mark unlawfully deployed a protected dairy designation. In NLJ this week, Asima Rana of DWF explains that the court prioritised ‘regulatory clarity over creative branding choices’, holding that ‘designation’ extends beyond product names to marketing slogans
From cat fouling to Part 36 brinkmanship, the latest 'Civil way' round-up is a reminder that procedural skirmishes can have sharp teeth. NLJ columnist Stephen Gold ranges across recent decisions with his customary wit
back-to-top-scroll