Month: April 2020

Sign of the times: Debenhams Retail Ltd (in administration): Administrators and furlough arrangements – Exchange Chambers

Posted April 24th, 2020 in administrators, chambers articles, company law, coronavirus, employment, insolvency, news by sally

‘It is a sign of the times that there have been two urgent applications to the High Court of Justice for directions by administrators in respect of furlough arrangements in the course of one week. Each application has concerned high profile companies employing vast numbers of people. The financial implications of the issues before the court in each case are significant for both employees and administrators.’

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Exchange Chambers, 22nd April 2020

Source: www.exchangechambers.co.uk

Seeking Settlement as a Victim of Domestic Violence During the COVID-19 Pandemic- One Pump Court

Posted April 24th, 2020 in chambers articles, coronavirus, domestic violence, emergency powers, freedom of movement, immigration, news by sally

‘Covid-19 has created various worries and struggles for society. It has however been a particularly difficult time for victims of domestic violence.’

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One Pump Court, 21st April 2020

Source: onepumpcourt.co.uk

Solicitor’s Duty When Redacting Documents: Infederation Ltd v Google LLC [2020] EWHC 657 (Ch) – Blackstone Chambers

Posted April 24th, 2020 in chambers articles, confidentiality, disclosure, documents, news, solicitors by sally

‘It is often the case that documents that must be disclosed in proceedings contain confidential information. Clients are understandably concerned to take all appropriate steps to safeguard the confidentiality of disclosed documents. This is particularly the case where the purpose of the proceedings is the protection of confidential information, such as the enforcement of a non-compete restrictive covenant or duty of confidence. The courts have recognised a number of legitimate techniques to limit the disclosure of confidential information in such circumstances. These include confidentiality rings and the redaction of documents. Both were considered in the recent case of Infederation v Google in which the High Court gave important guidance to solicitors in their approach to redaction of documents on grounds of confidentiality.’

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Blackstone Chambers, 21st April 2020

Source: www.employeecompetition.com

Solicitor “dipped into” divorce client’s funds – Legal Futures

Posted April 24th, 2020 in disciplinary procedures, divorce, licensing, news, professional conduct, solicitors, Solicitors Regulation Authority by sally

‘A solicitor who “dipped into” a divorce client’s money, repeatedly lied about it and warned her not to complain to the Solicitors Regulation Authority (SRA) or Legal Ombudsman (LeO) has been struck off.’

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Legal Futures, 24th April 2020

Source: www.legalfutures.co.uk

IFLA Children Scheme: Binding Decisions With Minimal Delay – Pump Court Chambers

Posted April 24th, 2020 in arbitration, chambers articles, children, dispute resolution, families, news by sally

‘Following the successful launch and running of the financial remedy and property arbitration scheme set up by Institute of Family Law Arbitrators (IFLA)[1] in February 2012, in July 2016 IFLA commenced the Children Scheme. Its aim is to provide parties with an alternative to Court, and is particularly useful when a dispute has reached the point that mediation is likely to be ineffective and where a neutral third party needs to make a decision as to what is in the child’s best interests in a particular circumstance.’

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Pump Court Chambers, 21st April 2020

Source: www.pumpcourtchambers.com

COVID 19 and Business Interruption Insurance – Hailsham Chambers

Posted April 24th, 2020 in chambers articles, company law, coronavirus, insurance, news by sally

‘Given the scale of the damage to the UK economy which the pandemic continues to cause, it is unsurprising that a large number of claims has already arisen. We can expect considerable litigation, not least because individual claims will turn on their particular facts and the precise policy wording employed. Further, the problems associated with these claims place a spotlight on the potential liability of brokers. Nonetheless, certain general points and themes can be discussed at a high level.’

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Hailsham Chambers, April 2020

Source: www.hailshamchambers.com

Medical Experts: Expert Neuropsychology Assessments for the Courts During COVID-19 – Coronavirus: Guidance for Lawyers and Businesses

Posted April 24th, 2020 in chambers articles, coronavirus, expert witnesses, mental health, news, psychiatric damage by sally

‘The issue of medical experts examining claimants and reporting to the courts during the Covid-19 crisis is a difficult one. Here Consultant Neuropsychologist Daniel Friedland provides some guidance.’

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Coronavirus: Guidance for Lawyers and Businesses, 23rd April 2020

Source: lawinthetimeofcorona.wordpress.com

COVID 19: Revisiting Frustration in the Context of Leases – New Square Chambers

Posted April 24th, 2020 in chambers articles, coronavirus, emergency powers, enforcement, landlord & tenant, leases, news by sally

‘Sweeping and unprecedented rules, previously unimaginable, have been enacted by the Government to delay the spread of the 2020 COVID-19 pandemic. Taken together, these changes constitute the most restrictive and draconian laws imposed in England since the Second World War. In particular, The Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 (‘the Regulations’) were enacted on 26 March 2020 by the Secretary of State for Health and Social Care, Matt Hancock. These Regulations impose severe restrictions mandating the closure of certain types of businesses alongside prohibitions on freedom of assembly and freedom of worship.’

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New Square Chambers, 20th April 2020

Source: www.newsquarechambers.co.uk

Portal’s Eve – Littleton Chambers

Posted April 24th, 2020 in chambers articles, company law, coronavirus, emergency powers, news, statutory interpretation by sally

‘On the eve [19 April] of the Scheme going live, David Reade QC and Daniel Northall examine the uncertainties that persist.’

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Littleton Chambers, 19th April 2020

Source: littletonchambers.com

What is the Home Office not telling us? – Doughty Street Chambers

Posted April 24th, 2020 in appeals, chambers articles, disclosure, government departments, immigration, news by sally

‘How can the Home Office be prevented from withholding important information in immigration appeals?’

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Doughty Street Chambers, 23rd April 2020

Source: insights.doughtystreet.co.uk

Account Forfeiture and Freezing Orders (AFFO’s) in the Pandemic – Drystone Chambers

Posted April 24th, 2020 in banking, chambers articles, coronavirus, fraud, news by sally

‘As happens at times of crisis, fraud rises and criminals attempt to take advantage of people’s fears. The situation in the current crisis is made even worse by the fact that the police have other major demands on their time and the courts capacity to deal with matters is severely limited.’

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Drystone Chambers, April 2020

Source: drystone.com

Whistleblowers: A Novel Approach – Cloisters

Posted April 24th, 2020 in chambers articles, disclosure, duty of care, news, whistleblowers by sally

‘Daphne Romney QC and Schona Jolly QC consider the recent High Court judgment in Rihan v Ernst & Young Global Ltd & others [2020] EWHC 901 (QB), which provides an interesting new angle for employment, international and commercial lawyers whose clients are not entitled to the statutory whistleblowing protection embedded within the Employment Rights Act 1996. Whilst the reach of the new duty of care is likely to be limited to very specific situations, it imposes a new duty of care on employers to protect against economic loss, in the form of loss of future employment opportunity, by providing an ethically safe work environment, free from professional misconduct (or indeed criminal conduct) in a professional setting.’

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Cloisters, 21st April 2020

Source: www.cloisters.com

Tribunals & COVID-19 First-tier & Upper Tribunals, and Traffic Commissioners – Henderson Chambers

Posted April 24th, 2020 in chambers articles, coronavirus, live link evidence, news, tribunals by sally

‘Much has been said in relation to the steps being taken to keep the criminal and civil courts going, but what’s going on in the First-tier and Upper Tribunals, as well as before the Traffic Commissioners?’

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Henderson Chambers, 20th April 2020

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A timely and important decision on remote hearings in the family courts – Re P: (A Child Remote Hearings) (2020) EWFC 32 – Garden Court Chambers

Posted April 24th, 2020 in care orders, chambers articles, child cruelty, children, coronavirus, families, family courts, live link evidence, news, remote hearings by sally

‘This is a serious FII case, and concerned care proceedings involving a 7 year old child. It was alleged that the mother had falsely made a number of damaging claims that her child was suffering from a myriad serious ailments and health conditions. This was all hotly disputed by the mother, so the case was fully contested. It had been fixed several months previously for a 15 days fact finding and disposal hearing before a Judge at Guildford Law Courts. Following the lockdown, the Judge had decided the case would proceed as a remote hearing using the Skype video platform.’

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Garden Court Chambers, 22nd April 2020

Source: www.gardencourtchambers.co.uk

R (Carole Smith) v HM Assistant Coroner for North West Wales: Causation, admitted failings and what to record in the Record of Inquest – Parklane Plowden

Posted April 24th, 2020 in causation, chambers articles, coroners, hospitals, inquests, judicial review, mental health, news, suicide by sally

‘On 7 April 2020, judgment was handed down in R (Carole Smith) v HM Coroner for North West Wales [2020] EWHC 781 (Admin). The case has important repercussions as to the relevance of admitted failures to Coroners’ conclusions and the extent of what should be recorded in the Record of Inquest (‘ROI’).’

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Parklane Plowden, 21st April 2020

Source: www.parklaneplowden.co.uk

Recovering Inquest Costs in Subsequent Civil Proceedings – Ropewalk Chambers

Posted April 24th, 2020 in chambers articles, civil justice, costs, inquests, negligence, news, proportionality by sally

‘The basic position is well-known: in principle, the costs of an inquest are recoverable in a subsequent clinical negligence claim. The leading case in this regard, also well-known, is Roach -v- Home Office [2010] QB 256.’

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Ropewalk Chambers, April 2020

Source: www.ropewalk.co.uk

The impact of Coronavirus, part 6: sentencing at a time of national emergency – 6KBW College Hill

Posted April 24th, 2020 in chambers articles, coronavirus, criminal justice, news, sentencing by sally

‘As a result of the restrictions on movement imposed due to the current pandemic, the criminal justice system is operating little more than what might be colloquially referred to as a ‘Saturday service’ at present. Despite this, lower-level offences still work their way through the system, while cases involving more serious offences are adjourned pending the relaxation of the restrictions. This blog post concentrates on a topic that has thus far received little attention: sentencing for offences committed at a time of national crisis.’

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6KBW College Hill, 23rd April 2020

Source: blog.6kbw.com

Judiciary sets up working party to bring back jury trials – Law Society’s Gazette

Posted April 24th, 2020 in coronavirus, courts, health, health & safety, judiciary, juries, news, trials by sally

‘The prospect of jury trials restarting has come closer with news that the judiciary has set up a working party to consider how they can be brought back as soon as it is safe to do so. The news comes shortly after lord chancellor Robert Buckland said he wanted jury trials back up and running as quickly as possible.’

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Law Society's Gazette, 24th April 2020

Source: www.lawgazette.co.uk

Staying for clarification – Falcon Chambers

Posted April 24th, 2020 in chambers articles, coronavirus, emergency powers, housing, landlord & tenant, news, repossession, trespass by sally

‘Covid-19 has had quite an effect on property lawyers in their professional lives. The stay on Part 55 claims imposed by PD 51Z on 27 March 2020 has stayed part of many practitioners’ day to day work. It has also led, however, to numerous questions. Can possession claims still be issued? Can directions still be followed or sought for possession claims already past the first possession hearing and heading towards trial? What are we supposed to do about trespass cases? Trespassers are not people the Government seemed to be keen to protect when it announced its intention to protect certain categories of occupiers from eviction, yet possession claims against trespassers have been caught in the general stay.’

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Falcon Chambers, April 2020

Source: www.falcon-chambers.com

Vicarious Liability: whose liability is it anyway? – 4 New Square

Posted April 24th, 2020 in class actions, damages, data protection, employment, news, sexual offences, Supreme Court, vicarious liability by sally

‘On 1 April 2020 the Supreme Court handed down judgment in Barclays Bank plc v Various Claimants [2020] UKSC 13 (“Barclays”) and MW Morrison Supermarkets plc v Various Claimants [2020] UKSC 12 (“Morrison”) – the latest in the recent line of cases focussed on the nature, scope and development of the doctrine of vicarious liability.’

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4 New Square, 20th April 2020

Source: www.4newsquare.com