The Coronavirus Job Retention Scheme – Pump Court Chambers

‘The Coronavirus Job Retention Scheme (“the Scheme”) was announced by the government on 20th March 2020.’

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Pump Court Chambers, 4th April 2020

Source: www.pumpcourtchambers.com

Bar ramps up aid initiatives – Law Society’s Gazette

Posted April 20th, 2020 in barristers, budgets, coronavirus, inns of court, news by tracey

‘Barristers have been urged to donate to an emergency hardship fund and the Inns of Court are scrambling to create support packages for junior lawyers, after warnings that demand for financial help in the Covid-19 crisis will outstrip resources.’

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Law Society's Gazette,20th April 2020

Source: www.lawgazette.co.uk

University College London Hospitals Foundation Trust v MB [2020] EWHC 882 (QB): the unintended consequences of the stay of possession claims under Practice Direction 51Z – Falcon Chambers

‘Practice Direction 51Z was hastily brought into force on Friday 27 March 2020, after the Prime Minister’s televised instructions to the nation on the evening of Monday 23 March 2020 that everyone should stay at home in order to beat coronavirus. Practice Direction 51Z imposed a three-month stay on all Part 55 possession proceedings, which ensures that those who were facing the possibility of eviction from their home have some protection during the crisis. However, since the Practice Direction came into force, property practitioners have been grappling with the possibly unintended consequences that come from its very wide scope. This has been brought into sharp focus by the recent case of University College London Hospitals Foundation Trust v MB [2020] EWHC 882 (QB), in which PD51Z prevented an NHS Trust from obtaining a possession order to facilitate the discharge of a patient from hospital, in circumstances where her bed was needed for critically ill-patients, she was medically fit for discharge, and indeed she would be at less risk of infection from COVID-19 if out of the hospital. As this article explains, the NHS Trust in the UCLH case was able to obtain the relief it needed by the alternative route of an injunction, but the case nevertheless highlights that PD51Z may need to be revisited.’

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Falcon Chambers, 15th April 2020

Source: www.falcon-chambers.com

Fully remote jury test a ‘success for open justice’ – Law Society’s Gazette

Posted April 20th, 2020 in coronavirus, courts, juries, live link evidence, news, remote hearings, trials by tracey

‘Campaign group Justice has run an experimental fully remote jury trial to test whether it could be a fair alternative to face-to-face hearings during the coronavirus lockdown.’

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Law Society's Gazette, 20th April 2020

Source: www.lawgazette.co.uk

Civil Procedure, Human Rights and the Coronavirus (Part 2) – Blackstone Chambers

‘The first article in this mini-series addressed the current position taken by Courts, Tribunals and other relevant bodies and key issues for litigators. Following the present article, the final instalment will be entitled “Civil Procedure, Litigation and the Coronavirus”.’

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Blackstone Chambers, 23rd March 2020

Source: coronavirus.blackstonechambers.com

Frustration, Force Majeure and Covid-19 – Hardwicke Chambers

Posted April 20th, 2020 in chambers articles, contracts, coronavirus, news by sally

‘Frustration and force majeure are legal concepts very much to the fore during the Covid-19 pandemic. John de Waal QC and Tom Bell review how they apply to the current coronavirus situation.’

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Hardwicke Chambers, 14th April 2020

Source: hardwicke.co.uk

DVSA told to act after Attleborough man killed by lorry – BBC News

Posted April 20th, 2020 in accidents, coroners, dangerous driving, news, road safety, standards by tracey

‘A coroner has called for changes to HGV training after an 82-year-old pedestrian was hit and killed while standing in a driver’s blind spot.’

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BBC News, 19th April 2020

Source: www.bbc.co.uk

The implied term of trust and confidence & the Coronavirus Job Retention Scheme – Old Square Chambers

‘The Coronavirus Job Retention Scheme (“the Scheme”) is a grant that, for those eligible, covers 80% of the usual monthly wage costs up to a ceiling of £2,500 per month plus associated employer NICs and employer pension contributions paid on the furlough pay up to the level of the minimum automatic enrolment employer contribution. Employees can be on any type of employment contract, including full-time, part-time, agency, flexible or zero-hour contracts. Foreign nationals are also eligible to be furloughed.’

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Old Square Chambers, 14th April 2020

Source: www.oldsquare.co.uk

Charterparty Indemnity Clauses and Injunctive Relief – 33 Bedford Row

Posted April 20th, 2020 in chambers articles, charterparties, indemnities, interpretation, news by sally

‘The case concerned the interpretation of an indemnity clause in an amended Shellvoy6 form Charterparty and whether the Claimant time charterers should be granted injunctive relief, in the form of security to be provided by the Defendant voyage charterers, so as to enable release of the MT “Miracle Hope” (the “Vessel”), which was under arrest in Singapore.’

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33 Bedford Row, 7th April 2020

Source: www.33bedfordrow.co.uk

Union seeks legal immunity for NHS medics in pandemic – The Guardian

Posted April 20th, 2020 in coronavirus, dentists, doctors, immunity, indemnities, negligence, news, nurses, trade unions by tracey

‘The NHS could be faced with billions of pounds of medical negligence claims if it does not grant some form of legal immunity to medics risking their lives during the pandemic, the government has been warned. The Medical Defence Union (MDU), which provides legal support to around 200,000 doctors, nurses, dentists and other healthcare workers, is calling for a debate over the need for emergency legislation.’

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The Guardian, 19th April 2020

Source: www.theguardian.com

Case Comment by Nathan Davis – Pwr and others v Director of Public Prosecutions [2020] EWHC 798 (Admin) – is an offence under section 13(1) Terrorism Act 2000 a strict liability offence? – Park Square Barristers

Posted April 20th, 2020 in chambers articles, demonstrations, news, strict liability, terrorism by sally

‘Pwr and others v Director of Public Prosecutions [2020] EWHC 798 (Admin) – is an offence under section 13(1) Terrorism Act 2000 a strict liability offence?’

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Park Square Barristers, 9th April 2020

Source: www.parksquarebarristers.co.uk

Coronavirus: Police fine three Londoners over 250-mile camping trip to Wales during lockdown – The Independent

Posted April 20th, 2020 in coronavirus, emergency powers, enforcement, fines, freedom of movement, news by tracey

‘Police in Wales have fined a group of Londoners who were caught camping around 250 miles from the capital during the lockdown.’

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The Independent, 19th April 2020

Source: www.independent.co.uk

The impact of Coronavirus, part 3: the emergency criminal offences – 6KBW College Hill

‘The current pandemic has led to a flood of emergency legislation. This post deals with The Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 (SI 2020 No. 350) made under the Public Health (Control of Disease) Act 1984, which supplement the Coronavirus Act 2020. The Regulations are, as is now trite, the strictest control on peacetime life in the modern history of the United Kingdom, and they set out the limits of the “lockdown” and how it is to be enforced. This post aims to set out how the Regulations apply to individuals, and provide some analysis of their contents.’

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6KBW College Hill, 6th April 2020

Source: blog.6kbw.com

UK courts told not to ‘overreact’ during coronavirus crisis – The Guardian

‘Courts must take care not to “overreact in unprecedented times”, a former director of public prosecutions has said, amid concerns that lengthy sentences being imposed during the coronavirus crisis could be excessive.’

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The Guardian, 19th April 2020

Source: www.theguardian.com

COVID-19 and Business Interruption Insurance – Thomas More Chambers

Posted April 20th, 2020 in chambers articles, coronavirus, insurance, news by sally

‘If you find the word “virus” in the Definitions section of a typical business insurance policy, it will likely refer to malware, trojans or spyware infecting a company’s computer system and not to Covid-19 or anything like it which infects people.’

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Thomas More Chambers, 14th April 2020

Source: www.thomasmore.co.uk

Coronavirus: County lines drug dealers ‘stick out like a sore thumb’ during lockdown, say police – The Independent

Posted April 20th, 2020 in children, coronavirus, criminal justice, drug offences, drug trafficking, gangs, news by tracey

‘The coronavirus pandemic could provide an unexpected opportunity for police forces to tackle county lines drug dealing as the lockdown means criminals “stick out like a sore thumb”, senior officers have said.’

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The Independent, 20th April 2020

Source: www.independent.co.uk