April 2020 – Page 6 – Current Awareness

Directors Disqualification: Applying for Permission to Act During the Corona Pandemic – Radcliffe Chambers

Posted April 24th, 2020 in chambers articles, company directors, insolvency, news, practice directions by sally

‘On 6 April 2020 the Temporary Insolvency Practice Direction (“TIPD”) came into force. On 7 April 2020 the guidance note issued by Chief ICCJ Briggs confirmed that, for the purposes of TIPD, applications under section 17 Company Directors Disqualification Act 1986 are deemed urgent.’

Radcliffe Chambers, 17th April 2020

Source: radcliffechambers.com

County council wins High Court appeal over deregistration of common land – Local Government Lawyer

Posted April 24th, 2020 in airports, commons, local government, news, planning by sally

‘Hampshire County Council has won an appeal over an inspector’s decision to deregister as common land an area where an airport is located.’

Local Government Lawyer, 23rd April 2020

Source: www.localgovernmentlawyer.co.uk

UK voter ID plan disenfranchises the poor, appeal court told – The Guardian

Posted April 24th, 2020 in appeals, documents, elections, equality, identification, news by sally

‘Pilot schemes requiring voters to produce photo ID at polling stations disenfranchise those who do not have or cannot find their documents and alienate people from the democratic process, the court of appeal has been told.’

The Guardian, 23rd April 2020

Source: www.theguardian.com

EXE v Governors of the Royal Naval School [2020] EWHC 596 QB – 39 Essex Chambers

Posted April 24th, 2020 in causation, chambers articles, child abuse, children, criminal records, damages, employment, limitations, negligence, news, school children, vicarious liability by sally

‘The Defendants employed a 30 year old man “Hughes” as a kitchen porter from 15 October 1990 to 10 July 1991 at their school for girls. He was provided with accommodation on the school premises. The Defendants were not aware that Hughes had a criminal record, including offences of indecent assault on a female and unlawful sexual intercourse with a girl under the age of 15. Had the Defendants been aware of these convictions, Hughes would not have been offered employment.’

39 Essex Chambers, 22nd April 2020

Source: www.39essex.com

Possessions, Covid-19 and the Decision in UCL Hospitals NHS Foundation Trust v MD – 4 King’s Bench Walk

Posted April 24th, 2020 in chambers articles, coronavirus, emergency powers, enforcement, hospitals, news, repossession by sally

‘The spread of the coronavirus has caused disruption to our lives and the operation of society in ways that the vast majority of us have never experienced in our lifetime. The drastic measures adopted by the Government in response to the rapid spread of the disease, including putting the country into “lockdown”, required numerous amendments to be made to existing laws; this included those concerning residential and business tenancies and, more specifically, the rules relating to the eviction of tenants. The amendments increase the protections for tenants during the crisis.’

4 King's Bench Walk, 22nd April 2020

Source: www.4kbw.co.uk

At the front line of Covid-19 – forgotten victims? – Doughty Street Chambers

Posted April 24th, 2020 in chambers articles, coronavirus, emergency powers, freedom of movement, health, human rights, news, victims by sally

‘In a sense, we are all “victims” of the 2020-1 Coronavirus pandemic. Our lives have been changed dramatically by its effects at the domestic, community, regional, national and international levels. None of us born since WWII have experienced the restrictions of movement/activity we are experiencing as “lockdown”. There are serious wellbeing issues associated with being confined to the home for the majority of time, and no doubt those suffering domestic strain, let alone abuse, are truly “suffering”. One thinks also of those self-denying or being denied access to treatment for other health conditions because of the necessary concentration of health resources upon Covid-19 patients. All of this without considering the serious economic effects of deprivation of income for many people who really cannot afford any reduction in their already stretched incomes.’

Doughty Street Chambers, 22nd April 2020

Source: insights.doughtystreet.co.uk

Court of Protection Newsletter – Spire Barristers

Posted April 24th, 2020 in chambers articles, Court of Protection, news by sally

‘Welcome to the April issue of Spire Barristers’ Public Law Newsletter covering news from around the web, practice updates and case reviews in Court of Protection and Public Law matters.’

Spire Barristers, 20th April 2020

Source: spirebarristers.co.uk

What property remedies are available during the Covid-19 lockdown? – St Philips Chambers

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

‘Practice Direction 51Z, which came into force on 27 March 2020, has imposed a general 90-day stay on new and current Part 55 possession proceedings with (as of 20 April 2020) limited exceptions in a new paragraph 2A.’

St Philips Chambers, 22nd April 2020

Source: st-philips.com

The Coronavirus Job Retention Scheme – Update – Thomas More Chambers

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

‘The Coronavirus job Retention Scheme guidance was updated on 15 and, in particular, 17 April 2020. This article identifies the most important updates and, where necessary, explains them.’

Thomas More Chambers, 20th April 2020

Source: www.thomasmore.co.uk

Government successfully appeals in ‘Right to Rent’ case – UK Human Rights Blog

Posted April 24th, 2020 in appeals, equality, government departments, housing, human rights, immigration, landlord & tenant, news by sally

‘Notably, the Court of Appeal agreed with the High Court’s view that the scheme does result in landlords discriminating against tenants without British passports on the basis of their actual or perceived nationality. However, the Court held that this discrimination was justified.’

UK Human Rights Blog, 22nd April 2020

Source: ukhumanrightsblog.com

Conveyancers calls on government to extend furlough scheme – Legal Futures

Posted April 24th, 2020 in conveyancing, coronavirus, delay, employment, housing, news, remuneration, stamp duty by sally

‘The furlough scheme should be extended for property businesses, like conveyancers, where income required to pay staff will not be available for months after work is undertaken once lockdown is lifted, the government has been told.’

Legal Futures, 23rd April 2020

Source: www.legalfutures.co.uk

The consequences for administrators of furloughing employees – further clarification: Re Debenhams Retail Limited [2020] EWHC 921 (Ch) – Radcliffe Chambers

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

‘In a judgment dated 17th April 2020 in Re Debenhams Retail Limited (in administration) [2020] EWHC 921 (Ch), Trower J determined an application for directions by the joint administrators of Debenhams which concerned the impact of the application of the Government’s Coronavirus Job Retention Scheme in administrations and the recent decision of Snowden J in Re Carluccio’s Limited (in administration) [2020] EWHC 886 (Ch). Matthew Weaver considers Trower J’s judgment and its implications in this briefing.’

Radcliffe Chambers, 21st April 2020

Source: radcliffechambers.com

Keep calm and carry on(line) with mediation – Park Square Barristers

Posted April 24th, 2020 in chambers articles, coronavirus, dispute resolution, internet, live link evidence, news, remote hearings by sally

‘Whilst the civil courts adapt at short notice to working, by and large, remotely, invariably some hearings will continue for the foreseeable future to be adjourned to dates as yet unknown. In the circumstances, it might seem inevitable, or at least tempting (especially when many parties and their solicitors are faced with the difficulties associated with unexpectedly having to work from home at the same time as home schooling children), simply to wait on the court.’

Park Square Barristers, 22nd April 2020

Source: www.parksquarebarristers.co.uk

Re Carluccio’s Limited (in Administration) – Pump Court Chambers

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

‘It should be noted from the outset that Snowden J’s judgment in Re Carluccio’s is not binding. There were no representative employees or interested parties during the remote video hearing so the judgment does not bind the employees or the government.’

Pump Court Chambers, 22nd April 2020

Source: www.pumpcourtchambers.com

SRA allows trainees to qualify before completing PSC – Legal Futures

Posted April 24th, 2020 in coronavirus, examinations, law firms, legal education, legal profession, news, solicitors, Solicitors Regulation Authority by sally

‘Trainee solicitors will be able to qualify without first completing the professional skills course (PSC) because of the Covid-19 outbreak, the Solicitors Regulation Authority (SRA) has decided.’

Legal Futures, 24th April 2020

Source: www.legalfutures.co.uk

The Pubs Code and the Crisis in the Hospitality Industry – Falcon Chambers

Posted April 24th, 2020 in chambers articles, coronavirus, licensed premises, news by sally

‘Unfortunately, for both pub tenants and pub landlords, under regulation 4 of the Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 (“the Emergency Regulations”), a person responsible for running a pub (amongst various other types of business) must close any premises (or part thereof) in which food and drink are sold for consumption on those premises during the emergency period defined in regulation 3. Any customers would also breach regulation 6 by leaving the place they were living without reasonable excuse.’

Falcon Chambers, April 2020

Source: www.falcon-chambers.com

EHRC warning on use of video hearings in criminal cases – Legal Futures

Posted April 24th, 2020 in coronavirus, courts, disability discrimination, disabled persons, equality, Equality and Human Rights Commission, live link evidence, miscarriage of justice, news by sally

‘The Equality and Human Rights Commission (EHCR) has called on the government to take action to reduce the risk of disabled people being wrongly convicted because of video hearings in criminal cases.’

Legal Futures, 24th April 2020

Source: www.legalfutures.co.uk

What Standard of Care Should Hospitals be Held to in the COVID-19 Outbreak? – 39 Essex Chambers

Posted April 24th, 2020 in chambers articles, coronavirus, doctors, health, health & safety, hospitals, negligence, news, nurses, professional conduct, standards by sally

‘It is no secret that Covid-19 is placing huge strain on the NHS, with ramifications across all parts of an already stretched organisation. Hospitals nationwide have been told to prepare for a tsunami of patients demanding very high levels of care. They are having to do so while facing staff shortages and worries over the supply of essential equipment. In an effort to cope, retired doctors and not-yet-fully qualified doctors have been drafted in. In such circumstances, it is inevitable that accidents will happen and errors will be made. Once all of this is over, it is a regrettable fact that litigation will ensue. Will the law step up to protect the professionals who have done so much to save lives and ready the nation for the post-corona world? This short article argues that it can and should, most obviously by recognising that desperate circumstances should be reflected in the standard of care applied to hospitals and medical professionals working in response to Covid-19.’

39 Essex Chambers, 22nd April 2020

Source: www.39essex.com

The lawfulness of the Coronavirus Restrictions Legislation imposing ‘Lockdown’ – UK Police Law Blog

Posted April 24th, 2020 in coronavirus, emergency powers, freedom of movement, news, statutory interpretation by sally

‘The Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 and the similar (but not identical) regulations made in the other 3 nations of the UK (together, “the ‘Lockdown’ Regulations”) have been suggested by some to be unlawful (being ultra vires their parent statute) insofar as they purport to criminalise all those leaving the places where they are living, as opposed to merely those who may be infected. This blog examines the main arguments and explains the legal consequences if those arguments are right.’

UK Police Law Blog, 23rd April 2020

Source: ukpolicelawblog.com

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