Courts in the UK continue to be obliged to refer to the European Court of Justice cases involving unclear EU law. The Supreme Court made such a reference on 1 April 2020 in Zipvit v HMRC (2020) UKSC 15.
HMOs
April 2nd, 2020 by James Goudie QC in HousingA local authority had been entitled to impose on the holder of a licence under a Selective Licensing Scheme pursuant to Section 90 of the Housing Act 2004 a condition requiring him to undergo a training course on how to manage tenancies. So held in Berg v Burnley BC (2020) UKUT 91 (LC).
Vicarious Liability
April 1st, 2020 by James Goudie QC in Judicial Control, Liability and LitigationThe Supreme Court has unanimously allowed appeals in WM Morrisons Supermarkets v Various Claimants (2020) UKSC 12 and in Barclays Bank v Various Claimants (2020) UKSC 13. No vicarious liability in either case. The former concerned an employee, the latter an independent contractor. Vicarious liability applies to employees and near employees. It does not apply to classic independent contractors.
Procurement
March 30th, 2020 by James Goudie QC in Decision making and ContractsProcurement Policy Note 01/20 on Responding to COVID-19 has now been followed by Procurement Policy Note on Supplier Relief due to COVID-19.
Double Dutch
March 30th, 2020 by James Goudie QC in Decision making and ContractsCase C- 344/18, ISS FACILITY SERVICES, in which the ECJ gave Judgment on 26 March 2020, concerned public buildings in Ghent, a public contract for cleaning services, and the transfer of that contract to multiple transferred. What happened to the rights and obligations arising from the contracts of employment with the transferor? Did they transfer only to the transferee for whom the worker will perform his or her principal tasks? “ No”, says the ECJ. Or will they transfer to each of the transferred, in proportion to the tasks performed by that worker?
Modification of Public Contracts
March 30th, 2020 by James Goudie QC in Decision making and ContractsThe key questions raised by Joined Cases C-496/18 and C-497/18, HUNGOED, are (1) whether EU law permits reviews of modifications of public contracts to be initiated ex officio by public authorities, and (2) if so, whether such reviews can be initiated after the expiry of time limits in force at the time of the modifications. Advocate-General Bobek answers the 1st question : “ Yes “. EU law neither requires nor prevents ex officio reviews of (a) public contracts or (b) modifications of such contracts: paras 2, 68, 75 and 127. The Advocate-General answers the 2nd question : “ No “. The EU Principle of Legal Certainty bars national public authorities from initiating such reviews once the applicable time limit has already expired : paras 2, 77, 83-87, 94 and 127.
Freedom of Speech
March 27th, 2020 by James Goudie QC in Human Rights and Public Sector Equality DutyOn ECHR Art 10, freedom of speech and expression, and the approach to limitations thereupon, see Divisional Court in R ( ANPO TVN ) v OFCOM (2020) EWHC 689 (Admin), at paras 41-63.
Balancing Rights
March 27th, 2020 by James Goudie QC in Human Rights and Public Sector Equality DutyIn Re Al M (Reporting Restrictions) (2020) EWHC 702 (Fam), concerned with an application for anonymity made by a witness who gave evidence during the fact finding stage of proceedings concerning the welfare of two children, the President declined to resolve what he described as an apparent conflict of first instance authorities on the question whether it is appropriate to strike any balance with ECHR Art 10 rights when absolute Art 2 or Art 3 rights are engaged.
COVID-19 – list of Govt publications by date order and useful websites
March 26th, 2020 by Peter Oldham QC in GeneralThe virus has led to the Government producing a great deal of information and guidance, of varying degrees of formality. It is not easy to keep track of it all.
The following is a list of some useful websites covering this (and related) material, and then a list of material by publication date, followed by a weblink. Please note that the list by date order will not be complete. I will try to update it regularly. Other documents of particular relevance may be included in the list (e.g. the European Commission’s Temporary State Aid Framework of 19th March). Proposals for inclusion are very welcome – please contact peter.oldham@11kbw.com. The earlier versions of documents amended after 25th March are not shown.
USEFUL WEBSITES
For guidance aimed at local government
https://www.gov.uk/guidance/coronavirus-covid-19-guidance-for-local-government
For guidance for schools and educational settings
For procurement
https://www.gov.uk/government/collections/procurement-policy-notes#2020
For Department of Health and Social Care
https://www.gov.uk/government/organisations/department-of-health-and-social-care
For Public Health England
https://www.gov.uk/government/publications/covid-19-stay-at-home-guidance and
https://www.gov.uk/government/organisations/public-health-england
For information about Universal Credit
https://www.understandinguniversalcredit.gov.uk/coronavirus/
For more general documentation from the Government about the crisis
For Parliamentary material on the Coronavirus Act 2020
https://services.parliament.uk/Bills/2019-21/coronavirus/documents.html
The Local Government Association has an extremely informative, broad and helpful collection of material at https://www.local.gov.uk/our-support/coronavirus-information-councils. This includes a section at https://www.local.gov.uk/our-support/coronavirus-information-councils/covid-19-statutory-council-duties dealing with particular functions by alphabetical order.
PUBLICATION OF MATERIAL BY DATE ORDER
9th March
News story – Taskforce to bolster local response to coronavirus
https://www.gov.uk/government/news/taskforce-to-bolster-local-response-to-coronavirus
16th March
Press release – Robert Jenrick reaffirms support for councils in their coronavirus response
17th March
Press release – £3.2 million emergency support for rough sleepers during coronavirus outbreak
Press release – Government to grant permission for pubs and restaurants to operate as takeaways as part of coronavirus response
18th March
Press release – Complete ban on evictions and additional protection for renters
https://www.gov.uk/government/news/complete-ban-on-evictions-and-additional-protection-for-renters
Procurement Policy Note 01/20: Responding to COVID-19
https://www.gov.uk/government/publications/procurement-policy-note-0120-responding-to-covid-19
19th March
EU Commission Temporary State Aid Framework
https://ec.europa.eu/commission/presscorner/detail/en/IP_20_496
Guidance – Responding to COVID-19: the ethical framework for adult social care
News story – £2.9 billion funding to strengthen care for the vulnerable
https://www.gov.uk/government/news/2-9-billion-funding-to-strengthen-care-for-the-vulnerable
Guidance – COVID-19: guidance on residential care provision
Guidance – COVID-19: guidance for supported living provision
Guidance – COVID-19: guidance on home care provision
Guidance – Coronavirus (COVID-19): maintaining educational provision
https://www.gov.uk/government/publications/coronavirus-covid-19-maintaining-educational-provision
Guidance – COVID-19: free school meals guidance
https://www.gov.uk/government/publications/covid-19-free-school-meals-guidance
20th March
Business Rates Nursery Discount 2020/21: Coronavirus Response – Local Authority Guidance
Guidance – Closure of educational settings: information for parents and carers
Guidance – Coronavirus (COVID-19): cancellation of GCSEs, AS and A levels in 2020
https://www.gov.uk/government/publications/coronavirus-covid-19-cancellation-of-gcses-as-and-a-levels-in-2020
Guidance – Procurement Policy Note 02/20: Supplier relief due to COVID-19
21st March
Press release – Major new measures to protect people at highest risk from coronavirus
Guidance – Coronavirus (COVID-19): guidance on isolation for residential educational settings
22nd March
Guidance – COVID-19: school closures
23rd March
COVID-19: guidance on isolation for domestic abuse safe-accommodation settings
Press release – Extra protection for businesses with ban on evictions for commercial tenants who miss rent payments
Guidance – Coronavirus (COVID-19): maintaining further education provision
Guidance – Coronavirus (COVID-19): apprenticeship programme response
https://www.gov.uk/government/publications/coronavirus-covid-19-apprenticeship-programme-response
Correspondence – Coronavirus (COVID-19): letter from the Minister of State for Care to recruitment agencies
https://www.gov.uk/government/publications/coronavirus-covid-19-letter-from-the-minister-of-state-for-care-to-recruitment-agencies
24th March
COVID-19 outbreak – councillor guidance
https://www.local.gov.uk/covid-19-outbreak-councillor-guidance
Council Tax COVID-19 hardship fund 2020-21 – Local Authority Guidance
COVID-19 advice for accommodation providers
https://www.gov.uk/guidance/covid-19-advice-for-accommodation-providers
Guidance – Coronavirus (COVID-19): implementing social distancing in education and childcare settings
Guidance
Guidance on shielding and protecting people defined on medical grounds as extremely vulnerable from COVID-19
Guidance – COVID-19: support for businesses
https://www.gov.uk/government/publications/guidance-to-employers-and-businesses-about-covid-19/covid-19-support-for-businesses
25th March
Grant Funding Schemes Small Business Grant Fund and Retail, Hospitality and Leisure Grant Fund Guidance Version 2 (new para 17)
Business Rates Expanded Retail Discount 2020/21: Coronavirus Response – Local Authority Guidance (updated to include formerly excluded, but forced to close)
COVID-19: guidance for hostel or day centre providers of services for people experiencing rough sleeping
Coronavirus (COVID-19) – Planning Inspectorate guidance – updated 25th March 2020 (cancellation of Planning Inspectorate’s site visits)
https://www.gov.uk/guidance/coronavirus-covid-19-planning-inspectorate-guidance
Note the helpful collection of planning material on the same page
Guidance – Further businesses and premises to close: guidance and designation letter under the Health Protection etc Regs 2020
Guidance – Coronavirus (COVID-19): early years and childcare closures
Guidance – COVID-19: guidance for educational settings
https://www.gov.uk/government/publications/guidance-to-educational-settings-about-covid-19
Guidance – Coronavirus (COVID-19): guidance on vulnerable children and young people
Guidance – Coronavirus (COVID-19): travel advice for educational settings
Peter Oldham QC