Making Remote Hearings Work – St John’s Chambers

‘A broad experience is building up among advocates with the use of remote hearings. Although many courts are still using telephone links (and for many litigants who do not have access to more sophisticated technology, this will remain the default medium) the use of video links is becoming more of a normal experience.’

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St John's Chambers, 8th April 2020

Source: www.stjohnschambers.co.uk

Family President to hold two-week rapid consultation on use of remote hearings in family justice – Local Government Lawyer

‘The President of the Family Division, Sir Andrew McFarlane, has launched a two-week rapid consultation on the use of remote hearings in the family justice system.’

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Local Government Lawyer, 14th April 2020

Source: www.localgovernmentlawyer.co.uk

Interim Separation During Proceedings – Becket Chambers

‘We have all experienced cases, especially when representing a young mother who has been placed with the child, often a first child and a baby, in a mother and baby foster placement and that placement has broken down for a variety of different reasons.’

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Becket Chambers, 9th April 2020

Source: becket-chambers.co.uk

Warning over fall-out from witness statement crackdown – Litigation Futures

‘A judicial crackdown on overlong witness statements puts lawyers at risk of wasted costs orders and professional negligence claims, a barrister has warned.’

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Litigation Futures, 9th April 2020

Source: www.litigationfutures.com

Councils face legal action over access to education during lockdown – Local Government Lawyer

‘The Good Law Project is to take legal action against councils over access to education by children from low income families during the lockdown.’

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Local Government Lawyer, 9th April 2020

Source: www.localgovernmentlawyer.co.uk

El Gizouli: Mutual Legal Assistance Meets Data Protection – Oxford Human Rights Hub

‘On 25 March 2020, the UK Supreme Court issued R (El Gizouli) v Secretary of State for the Home Department [2020] UKSC 10. Due to the COVID-19 global pandemic, this was the court’s first judgment to be handed down remotely. It confirmed the importance of data protection laws to international transfers of personal information for law enforcement purposes and may have even broader ramifications.’

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Oxford Human Rights Hub, 13th April 2020

Source: ohrh.law.ox.ac.uk

Court overturns £39k order against solicitor for unpaid medical fees – Law Society’s Gazette

Posted April 15th, 2020 in appeals, damages, expert witnesses, fees, news, solicitors by sally

‘A law firm owner has successfully challenged a court order to pay a personal injury diagnosis provider around £39,000 for unpaid fees.’

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Law Society's Gazette, 14th April 2020

Source: www.lawgazette.co.uk

A word on Covid- 19, the use of arbitration and the Expansion of the Children’s Arbitration Scheme to include Relocation of Children – Family Law Week

‘On the 6th April 2020 the much talked about expansion of the children arbitration scheme came into effect. This is a significant change to the now well established scheme launched in 2016. The scheme has had amendments to its rules along the way but until now, it has not received an extension of its scope. In summary, the scope of scheme has been expanded to include both temporary and permanent relocation of children to foreign jurisdictions that fall within article 2.2(c) below. This development could not be timelier, serving to reinforce arbitration as a strong and worthy contender to litigation.’

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Family Law Week, 14th April 2020

Source: www.familylawweek.co.uk

Suspects to avoid criminal charges in UK during Covid-19 crisis – The Guardian

‘Suspected offenders are set to avoid criminal charges under unprecedented new guidance to ease the burden on the justice system during the coronavirus outbreak.’

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The Guardian, 14th April 2020

Source: www.theguardian.com

High Court overturns decision not to prosecute rape allegation – UK Human Rights Blog

‘The Divisional Court has recently handed down a novel decision in R (FNM) v DPP, considering the right of complainants to a fair opportunity to make representations to the Director for Public Prosecutions (“DPP”), and for those representations to be considered, when conducting a review under the Victims’ Right to Review Scheme (“the VRR Scheme”).’

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UK Human Rights Blog, 14th April 2020

Source: ukhumanrightsblog.com

Government changes how outdoor exercise guidance applies to people with specific health needs – Local Government Lawyer

‘The Government has changed its leaving home guidance to permit people with specific health needs to exercise outside more than once a day and to travel to do so where necessary, following the threat of a judicial review challenge.’

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Local Government Lawyer, 14th April 2020

Source: www.localgovernmentlawyer.co.uk

How The UK Could Be Failing Migrant Modern Slavery Victims – And What We Can Do About It – Each Other

‘The UK’s modern slavery framework was almost five times less likely to recognise victims from non-European countries than those from Britain last year, . This is despite the fact that many of the top countries for human trafficking are outside Europe. Maya Esslemont examines ways we can ensure victims do not slip through the net and miss out on vital support.’

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Each Other, 15th April 2020

Source: eachother.org.uk

Judges warn over parties’ conduct in remote hearings – Litigation Futures

‘Courts and tribunals have made “remarkable” progress in dealing with remote hearings during the coronavirus crisis, but there are concerns about the behaviour of parties, the senior judiciary has said.’

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Litigation Futures, 15th April 2020

Source: www.litigationfutures.com

Care proceedings rise steeply in family courts during UK lockdown – The Guardian

‘The number of urgent care proceedings in the family courts has increased sharply since the beginning of the Covid-19 pandemic, the Guardian has learned.’

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The Guardian, 14th April 2020

Source: www.theguardian.com

Coronavirus: Public reassured over lockdown policing rules – BBC News

‘Downing Street says people can buy whatever they want from shops that remain open amid concerns some police are overstepping lockdown powers.’

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BBC News, 10th April 2020

Source: www.bbc.co.uk

Fine for barrister who took 15 months to pay fine – Legal Futures

‘An unregistered barrister and solicitor who took 15 months to pay a £500 fine levied by the Bar Standards Board (BSB) has been reprimanded – and ordered to pay another £500.’

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Legal Futures, 15th April 2020

Source: www.legalfutures.co.uk

A whopper? Watchdog bans ads for Burger King ‘vegan-suitable’ Rebel – The Guardian

Posted April 15th, 2020 in advertising, complaints, food, news, ombudsmen, veganism by sally

‘An ad campaign for Burger King’s first plant-based burger has been banned by the advertising watchdog for implying it is suitable for vegans and vegetarians, when it is not.’

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The Guardian, 15th April 2020

Source: www.theguardian.com

BAILII: Recent Decisions

Posted April 15th, 2020 in law reports by tracey

High Court (Chancery Division)

Kirker (Liquidator of SMU Investments Ltd) v Holyoak Investments Inc & Ors [2020] EWHC 875 (Ch) (14 April 2020)

High Court (Commercial Court)

Magdeev v Tsvetkov [2020] EWHC 887 (Comm) (14 April 2020 )

High Court (Family Division)

SZ v DG & Ors [2020] EWHC 881 (Fam) (14 April 2020)

High Court (Patents Court)

Heineken Supply Chain BV v Anheuser-Busch Inbev SA [2020] EWHC 892 (Pat) (09 April 2020)

Source: www.bailii.org

Appeal court urges rethink over set-off in QOCS cases – Litigation Futures

Posted April 14th, 2020 in appeals, civil procedure rules, costs, news, part 36 offers, set-off by sally

‘The Court of Appeal has urged the Civil Procedure Rule Committee to consider preventing defendants setting off costs in cases covered by qualified one-way costs shifting (QOCS).’

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Litigation Futures, 14th April 2020

Source: www.litigationfutures.com

Vicarious liability (and data protection): two cases – Six Pump Court

‘Morrisons, heard recently in the Supreme Court, concerns vicarious liability for a rogue data controller. Together with another Supreme Court case, Barclays Bank, these two cases cover all the key issues.’

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Six Pump Court, 8th April 2020

Source: www.6pumpcourt.co.uk