header-logo header-logo

19 March 2020 / Michael L Nash
Issue: 7879 / Categories: Opinion , Covid-19
printer mail-detail

Emergencies & extraordinary measures

In a time of crisis what measures can the government introduce under the Civil Contingencies Act 2004? Michael Nash reports

Extraordinary situations require extraordinary measures: thus far good, and obvious. However, questions remain regarding how far the extraordinary measures should go, and how long they should remain in place. While health and welfare are uppermost in people’s minds, care should be taken to ensure the government response is proportionate to risk.

The current Act to deal with the current situation is the Civil Contingencies Act 2004. This Act repealed the Civil Defence Act 1948 and the Civil Defence (Northern Ireland) Act 1950. Part I establishes a new definition of ‘emergency’, which is broadly defined. The part applicable to the current situation concerns ‘events which threaten serious damage to human welfare in a place in the UK, or to the environment of a place in the UK’.

The leading commentators on the Act, Chris Walker and Jim Broderick, in their book, The Civil Contingencies Act 2004: Resilience and the Law in the United Kingdom (2006) opined that the number of local bodies previously

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

Anthony Collins—20 promotions

Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

NEWS
The 25th Pro Bono Week begins today until 6 November, with events hosted by law firms, chambers, law schools and charities across the UK
Pro bono is celebrating a silver anniversary, with initiatives putting businesses and students at the heart of access to justice
Choosing the wrong expert can cost a clinical negligence claimant more than their case
Judges risk weakening their own independence by staying silent over government reforms, a leading public lawyer argues
A discount on damages does not automatically mean an equivalent haircut for legal costs in military deafness claims
back-to-top-scroll