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This week in NLJ: Government accountability on COVID-19 decisions

20 May 2020
Issue: 7887 / Categories: Legal News , Covid-19 , Constitutional law
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Former Supreme Court judge Lord Sumption’s ‘obviously wrong’ views on the lockdown, published in The Sunday Timeson last month, demonstrate why proper decision making and accountability are ‘all the more important’ during the COVID-19 pandemic, John Gould, senior partner at Russell-Cooke, writes in this week’s NLJ.

Lord Sumption’s view, two weeks into lockdown, that politicians were overreacting to the coronavirus illustrates, Gould writes, ‘some of the difficulties of making urgent decisions without solid evidence and substituting instead the imperatives of a belief system in which individual freedom is the only preferred child in a precious family.

‘Contrary to the plausible, but incorrect, hypothesis expressed in the article, it may well turn out to be the case that government decision makers acted too slowly, with insufficient vigour and failed to get to grips with the necessary detail.’

As well as critiquing Lord Sumption’s controversial column, Gould highlights the importance of decision making and government accountability during the crisis. He calls for the government to be held to account, and explains why ‘the mantra that nominal decision makers are only following scientific advice should be disturbing to anyone familiar with the requirements of public law’.

Read John Gould’s article here.

MOVERS & SHAKERS

Carey Olsen—Kim Paiva

Carey Olsen—Kim Paiva

Group partner joins Guernsey banking and finance practice

Morgan Lewis—Kat Gibson

Morgan Lewis—Kat Gibson

London labour and employment team announces partner hire

Foot Anstey McKees—Chris Milligan & Michael Kelly

Foot Anstey McKees—Chris Milligan & Michael Kelly

Double partner appointment marks Belfast expansion

NEWS
The Ministry of Justice (MoJ) has not done enough to protect the future sustainability of the legal aid market, MPs have warned
Writing in NLJ this week, NLJ columnist Dominic Regan surveys a landscape marked by leapfrog appeals, costs skirmishes and notable retirements. With an appeal in Mazur due to be heard next month, Regan notes that uncertainties remain over who will intervene, and hopes for the involvement of the Lady Chief Justice and the Master of the Rolls in deciding the all-important outcome
After the Southport murders and the misinformation that followed, contempt of court law has come under intense scrutiny. In this week's NLJ, Lawrence McNamara and Lauren Schaefer of the Law Commission unpack proposals aimed at restoring clarity without sacrificing fair trial rights
The latest Home Office figures confirm that stop and search remains both controversial and diminished. Writing in NLJ this week, Neil Parpworth of De Montfort University analyses data showing historically low use of s 1 PACE powers, with drugs searches dominating what remains
Boris Johnson’s 2019 attempt to shut down Parliament remains a constitutional cautionary tale. The move, framed as a routine exercise of the royal prerogative, was in truth an extraordinary effort to sideline Parliament at the height of the Brexit crisis. Writing in NLJ this week, Professor Graham Zellick KC dissects how prorogation was wrongly assumed to be beyond judicial scrutiny, only for the Supreme Court to intervene unanimously
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