Month: March 2020

When Ignorance is bliss for a protected party – Byrom Street Chambers

Posted March 23rd, 2020 in accidents, chambers articles, compensation, consent, Court of Protection, news, personal injuries by sally

‘Darrel Crilley provides his views on what is becoming known as an EXB Order. For certain clients who lack capacity, whether that lack of capacity arises from a brain injury, psychiatric illness or some synergistic combination of the two, it has been identified that their best interests can be served by them not knowing the quantum and constituent parts of a settlement reached on their behalf.’

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Byrom Street Chambers, 9th March 2020

Source: www.byromstreet.com

Home Office releases 300 from detention centres amid Covid-19 pandemic – The Guardian

Posted March 23rd, 2020 in coronavirus, detention, government departments, health, health & safety, immigration, news by sally

‘The Home Office has released almost 300 people from detention centres in the last few days because of the Covid-19 pandemic, the Guardian has learned.’

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The Guardian, 21st March 2020

Source: www.theguardian.com

ACAS issues guidance on home-working for employers and employees – Local Government Lawyer

Posted March 23rd, 2020 in arbitration, coronavirus, employment, flexible working, health, health & safety, news by sally

‘The Advisory, Conciliation and Arbitration Service (Acas) has set out the rights and responsibilities of employers and employees when working from home, in response to government advice for many workers to stay away from the office.’

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Local Government Lawyer, 20th March 2020

Source: www.localgovernmentlawyer.co.uk

EP 105: Rights in a time of Quarantine – Niall Coghlan – Law Pod UK

Posted March 23rd, 2020 in coronavirus, freedom of movement, health, human rights, news by sally

‘Rosalind English discusses with biolaw expert Niall Coghlan the implications for human rights law of government measures to contain or mitigate COVID-19, focussing on the European Convention on Human Rights.’

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Law Pod UK, 20th March 2020

Source: audioboom.com

Self-isolating litigant in person appears via barrister’s mobile – Litigation Futures

Posted March 23rd, 2020 in barristers, coronavirus, health, health & safety, litigants in person, live link evidence, news, telecommunications, trials by sally

‘A barrister has spoken of how a self-isolating defendant in a fast-track personal injury claim appeared before the court via WhatsApp video.’

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Litigation Futures, 23rd March 2020

Source: www.litigationfutures.com

COVID-19 and school places for critical sector workers: one parent or two? – Education Blog

Posted March 23rd, 2020 in chambers articles, children, coronavirus, health, news, parental rights, school children by sally

‘The new Cabinet Office and DfE Guidance for schools, colleges and local authorities on maintaining educational provision states that school places should be provided where needed for children of critical sector workers. One issue which has arisen immediately is whether this means school places should be open where one parent is a critical sector worker, or only where both parents are such workers. I have heard reports of schools seeking to limit their intake to only those children for whom both parents are critical sector workers. In one case, this puts at jeopardy the running of a large special school which itself is essential to the delivery of a large part of this new policy, namely the continued education of children with EHC plans.’

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Education Blog, 20th March 2020

Source: education11kbw.com

Mediation – a way forward? – Becket Chambers

Posted March 23rd, 2020 in chambers articles, civil justice, dispute resolution, news by sally

‘Why, you may be wondering, would a barrister with 28 years’ experience of civil litigation and the adversarial process want to talk about mediation? Surely the whole purpose of barristers, and indeed lawyers, is to let people have their day in court and to demolish the “other side”?’

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Becket Chambers, 2nd March 2020

Source: becket-chambers.co.uk

Prisons ‘could see 800 deaths’ from coronavirus without protective measures – The Guardian

Posted March 23rd, 2020 in coronavirus, death in custody, early release, health, health & safety, news, prisons by sally

‘Failure to protect the most vulnerable inmates in the UK prison system from coronavirus could result in more than 800 avoidable deaths, experts have warned.’

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The Guardian, 21st March 2020

Source: www.theguardian.com

Big Data in the Post-Brexit Era – Where Oh Where Will It Be? – The 36 Group

Posted March 23rd, 2020 in brexit, chambers articles, data protection, EC law, internet, jurisdiction, news by sally

‘Joseph Dalby SC and Flavia Kenyon, barristers at 36 Commercial, examine the reasons and implications of big data and social media giants moving UK-data overseas.’

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The 36 Group, 4th March 2020

Source: 36group.co.uk

Jury trials on hold in England and Wales due to coronavirus fears – The Guardian

Posted March 23rd, 2020 in coronavirus, courts, delay, health, health & safety, juries, live link evidence, news, trials by sally

‘All jury trials in England and Wales are being temporarily suspended because of the risk of spreading coronavirus infections, the lord chief justice has announced.’

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The Guardian, 23rd March 2020

Source: www.theguardian.com

Long term disability benefits: it all depends on the contract – 3PB

Posted March 23rd, 2020 in benefits, chambers articles, contract of employment, disability discrimination, employment, employment tribunals, news, unfair dismissal by sally

‘This appeal concerned a provision about long term disability benefit (“LTDB”) which formed part of the Claimant’s contract of employment. It provided for the employee to receive a Disability Income of 2/3rds of his Base Annual Salary less the State Invalidity Pension should he be absent from, and unable to, work due to sickness or injury for a continuous period of twenty-six weeks or more, which would commence twenty-six weeks after the start of his absence and continue until the earlier date of his “return to work, death or retirement”.’

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3PB, 2nd March 2020

Source: www.3pb.co.uk

Raiffeisen Bank International AG v Asia Coal Energy Ventures Ltd & Anor [2020] EWCA Civ 11 – Hardwicke Chambers

Posted March 20th, 2020 in appeals, banking, chambers articles, contracts, disclosure, fiduciary duty, news, privilege, solicitors by sally

‘The Appellant was a corporate and investment bank (the “Bank”). On 7 May 2015, it entered into a Sale and Purchase Agreement (the “Agreement”) as the seller of a 23.8% shareholding in an Indonesian company traded on the London Stock Exchange. The Respondent solicitors, (“Ashurst”), had acted for the First Defendant, the counterparty buyer under the Agreement (“ACE”).’

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Hardwicke Chambers, 5th March 2020

Source: hardwicke.co.uk

Icebergs Avoided: Navigating the s23 Case Law – Panopticon

Posted March 20th, 2020 in appeals, disclosure, freedom of information, news, tribunals by sally

‘Anyone who has had a FOIA case in the national security space will have faced the near-impossible task of trying to work out what on earth Corderoy & Ahmed v Information Commissioner & Attorney General & Cabinet Office [2017] UKUT 495 (AAC) means; a front-runner for most impenetrable Upper Tribunal decision on FOIA. Now Judge Markus QC has had a go at squaring the circle in Lownie v Information Commissioner & Foreign and Commonwealth Office & The National Archives [2020] UKUT 32 (AAC).’

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Panopticon, 19th March 2020

Source: panopticonblog.com

Workplace law – BBC Law in Action

Posted March 20th, 2020 in dispute resolution, employment, employment tribunals, news by sally

‘How good are employment tribunals at resolving disputes between employers and staff? Joshua Rozenberg has been finding out.’

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BBC Law in Action, 17th March 2020

Source: www.bbc.co.uk

Victory in false imprisonment action challenging the lawfulness of Home Office Iraqi removal exercise – Garden Court Chambers

Posted March 20th, 2020 in chambers articles, damages, deportation, detention, documents, false imprisonment, government departments, Iraq, mental health, news, psychiatric damage by sally

‘QA, an Iraqi national and a vulnerable at risk adult was detained on 27 March 2017 to enable his inclusion in a new Iraqi documentation and removal exercise. Following detention he was held for 4 months, whilst repeated attempts were made to remove him, over which time he consistently expressed suicidal thoughts, engaged in self-harm and attempted suicide on at least two occasions.’

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Garden Court Chambers, 2nd March 2020

Source: www.gardencourtchambers.co.uk

It’s Not Your Vault: Adverse Possession in King & Anor v The Benefice of Newburn In the Diocese of Newcastle – Hardwicke Chambers

Posted March 20th, 2020 in adverse possession, chambers articles, Church of England, land registration, news, tribunals by sally

‘According to the statistics held by HM Land Registry, some 15% of land in England and Wales is unregistered. In particular, much of the land owned by the Crown, the aristocracy and the Church has not been registered, because there has been no change in ownership of the land since compulsory registration on sale of land was introduced.’

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Hardwicke Chambers, 3rd March 2020

Source: hardwicke.co.uk

Coronavirus: What Happens To Prisoners? – Each Other

Posted March 20th, 2020 in codes of practice, coronavirus, detention, health, health & safety, immigration, news, prison officers, prisons by sally

‘The UK government has urged the country to maintain “social distancing” as the coronavirus death toll rises. How does this work for the more than 83,000 people in Britain’s often overcrowded prisons?’

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Each Other, 19th March 2020

Source: eachother.org.uk

Final hearings to go online “very shortly”, says Lord Chief – Litigation Futures

Posted March 20th, 2020 in civil justice, coronavirus, courts, families, family courts, health, health & safety, internet, live link evidence, news by sally

‘Final hearings and hearings with contested evidence in civil and family cases will “inevitably” be conducted using technology very shortly, the Lord Chief Justice has warned.’

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Litigation Futures, 19th March 2020

Source: www.litigationfutures.com

Thoughts on financial regulation in the time of Covid-19 – 11 KBW

Posted March 20th, 2020 in chambers articles, coronavirus, financial regulation, financial services ombudsman, news by sally

‘This note sets out some thoughts and information on the current crisis.’

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11 KBW, 19th March 2020

Source: www.11kbw.com

Wiltshire woman jailed for smuggling crystal meth in dolls – BBC News

Posted March 20th, 2020 in drug offences, drug trafficking, imprisonment, news, sentencing by sally

‘A woman who helped smuggle crystal meth with a street value of nearly £1m into the UK disguised as dolls and coffee beans has been jailed.’

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BBC News, 19th March 2020

Source: www.bbc.co.uk