‘This short article looks at some of the lessons which can be learnt from disputes between solicitors wanting to be active in key roles in group litigation, in particular from the recent TCC decision in Lungowe v. Vedanta (27 March 2020).’
Six Pump Court, 24th April 2020
Source: www.6pumpcourt.co.uk
‘In this post I analyse some of the contradictions present in the current penal response to Covid-19 in England and Wales, represented in a recent Crown Prosecution Service press release. Coercive criminal law measures which clearly and proportionately penalize those who endanger emergency workers, or engage in fraudulent conduct, may be justified. But civil liberties must be considered on both sides. I challenge the punitive narrative which celebrates sending those convicted of coronavirus crimes to prisons where Covid-19 has the potential to be rampant. The rights to life and health of offenders—put at risk in overcrowded prisons—must also be considered.’
UK Constitutional Law Association, 28th April 2020
Source: ukconstitutionallaw.org
‘Insurers, law firms and suppliers have agreed a ‘statement of intent’ to keep non-MedCo medical examinations and rehabilitation going remotely during the Covid-19 crisis.’
Litigation Futures, 27th April 2020
Source: www.litigationfutures.com
‘The recent judgment in R(Idolo) v London Borough of Bromley [2020] EWHC 860 (Admin) provides an important discussion of the positive duties of the state under Article 8 ECHR – and specifically, the issue of when an Article 8 breach may arise in the absence of any failure of a local authority to carry out statutory duties. Arianne Kelly discusses the case and its practical implications following the amendments that the Coronavirus Act made to the Care Act.’
Coronavirus: Guidance for Lawyers and Businesses, 27th April 2020
‘The Court of Appeal have their way with the judicial review of the ‘Right to Rent’ scheme. This was the Secretary of State’s appeal of the remarkable first instance judgment which had found the scheme to be incompatible with Art 14 with Art 8. (For transparency, I acted for the Residential Landlords Association on their intervention in both the High Court and Court of Appeal.)’
Nearly Legal, 27th April 2020
Source: nearlylegal.co.uk
‘On 6 April 2020, a few minor changes to the Civil Procedural Rules (“CPR”) came into effect; amongst them, changes to CPR 12.3, which brought a degree of welcome clarity to an area of conflicting case law. Many lawyers would be forgiven for thinking that, if the claimant issued proceedings and properly filed and served the claim form and particulars of claim and the defendant failed to acknowledge service or file a defence within the times stipulated by CPR 10.3 and 15.3, the claimant would be entitled to judgment in default. However, if, in the intervening period between the claimant’s representative requesting default judgment and judgment being entered (which as we all know can too often be substantial), the defendant files a defence, the court no longer has jurisdiction to enter that default judgment and any such judgment entered must be set aside, under CPR 13.2. This article identifies the key decisions on what now appears to be the settled position; and the effect this may have on how claimants’ and defendants’ representatives should approach ‘late’ acknowledgments of services and defences, particularly in light of the unprecedented disruption caused by COVID-19.’
Thomas More Chambers, 24th April 2020
Source: www.thomasmore.co.uk
‘Carbon credit VAT fraud has been the subject of an increased investigation by the government and prosecuting authorities, but the bodies generating carbon credits are usually based overseas and authorities in the UK have no control of the quality or validity of the carbon credit schemes.’
St Paul's Chambers, 23rd April 2020
Source: www.stpaulschambers.com
‘Can “shielding employees” (those who are extremely vulnerable to a Covid 19 infection) be furloughed; and what of that wider group, including pregnant women and those over 70, thought to be more at risk than the population at large, many of whom have been sent home by their employers on health and safety grounds?’
Parklane Plowden, 23rd April 2020
Source: www.parklaneplowden.co.uk
‘A judgment published this week on BAILII, Re Z, also, Oxford University Hospitals NHS Foundation Trust v Z (by her litigation friend, the Official Solicitor) [2020] EWCOP 20, is notable on two counts. First, that the case is described by the judge, Knowles J, as being held in public, although it was in fact a remote online hearing. Second, that “Z”, the 22 year old woman at the centre of the case had asked to be able to join the hearing but this had not been arranged.’
Transparency Project, 25th April 2020
Source: www.transparencyproject.org.uk
‘The Court of Appeal has reserved judgment in an appeal over a High Court ruling last year that voter ID schemes in 10 local authorities were lawful.’
Local Government Lawyer, 24th April 2020
Source: www.localgovernmentlawyer.co.uk
‘In Municipo de Mariana & Ors v BHP Group PLC & Ors ([2020] EWHC 928 (TCC)) His Honour Judge Eyre QC set out the principles to be applied by the Court when considering applications to extend time for compliance with directions or for the adjournment of hearings in the context of the challenges posed by the COVID-19 pandemic. These principles provide a helpful framework for parties seeking to make such applications.’
Henderson Chambers, 24th April 2020
Source: www.hendersonchambers.co.uk
High Court (Administrative Court)
High Court (Chancery Division)
Shorts Gardens LLB v London Borough of Camden Council [2020] EWHC 1001 (Ch) (27 April 2020)
High Court (Commercial Court)
Petrochemical Logistics Ltd & Anor v PSB Alpha AG & Anor [2020] EWHC 975 (Comm) (27 April 2020)
High Court (Family Division)
H v B (BIIa: Enforcement of Domestic Return Order) [2020] EWHC 961 (Fam) (27 April 2020)
High Court (Queen’s Bench Division)
Piechnik v Oxford City Council [2020] EWHC 960 (QB) (27 April 2020)
Source: www.bailii.org
‘Only 33 prisoners have been released under emergency measures announced by the government to combat the spread of Covid-19 in jails in England and Wales, MPs have heard.’
The Guardian, 27th April 2020
Source: www.theguardian.com
‘Two former presidents of the Supreme Court have suggested introducing a “breathing space” so that contractual breaches arising from the coronavirus crisis are conciliated to avoid the courts being overwhelmed with disputes.’
Litigation Futures, 27th April 2020
Source: www.litigationfutures.com
‘The body that organises the annual silk round has responded to pressure to release reserves during the coronavirus crisis by donating £200,000 to the benevolent associations for solicitors and barristers.’
Legal Futures, 28th April 2020
Source: www.legalfutures.co.uk
‘Convicted terrorists are extremely unlikely to reoffend compared with other prisoners, research by academics and security services in Europe has found.’
The Guardian, 28th April 2020
Source: www.theguardian.com
‘Piers Morgan will not be investigated by the media regulator for “combative” interviews with government ministers that sparked 4,000 complaints.’
BBC News, 27th April 2020
Source: www.bbc.co.uk
‘A supply teacher has been jailed for eight and a half years for sexually assaulting six girls at a primary school in North Yorkshire, two years after similar allegations were dropped.’
The Guardian, 27th April 2020
Source: www.theguardian.com
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