12/05/2020 – Page 2 – Current Awareness

COVID-19: “Legal view: how to implement site operating procedures” – Atkin Chambers

Posted May 12th, 2020 in construction industry, coronavirus, health & safety, news by sally

‘“There have been as many plagues as wars in history, yet always plagues and wars take people equally by surprise” – these words from Albert Camus’ The Plague sum up how the COVID-19 pandemic has taken the world by storm. The UK’s construction industry is facing the greatest challenge since Brexit, but there is little specific guidance from Westminster on the way forward. Whereas all non-essential sites in Scotland have been ordered to close, sites across the rest of the country have been left in the unenviable position of having to decide whether they should remain open.’

Atkin Chambers, 6th May 2020

Source: www.atkinchambers.com

It’s not just what you say, it’s how you act in the courtroom – Re P (A Child: Remote Hearing) [2020] EWFC 32 – 5SAH

Posted May 12th, 2020 in advocacy, chambers articles, coronavirus, family courts, news, remote hearings by sally

‘The family court has transformed in the last few weeks due to the Covid-19 pandemic. Remote court hearings were once deemed futuristic but as with other public services, the courts have had to adapt. However, in this judgment (Re P (A Child: Remote Hearing)), Sir Andrew McFarlane sent a clear message that not all hearings will be suitable for remote hearing.’

5 SAH, 6th May 2020

Source: www.5sah.co.uk

Holiday Claims And COVID-19: What Options Do You Have If Your Travel Plans Are Disrupted? – 3PB

Posted May 12th, 2020 in airlines, chambers articles, coronavirus, holidays, insurance, news by sally

‘On 23rd March 2020 the UK government went into lockdown in an attempt to curb the spread of Covid-19 in the country. The Foreign and Commonwealth Office has advised British people against all non-essential travel abroad due to unprecedented border closures. In relation to cancelled travel plans, the FCO further advised travellers to get in touch with their airline, travel company, or other transport and accommodation provider, or their insurer. However, recent reports in the media suggest that some holidaymakers who have requested refunds have instead been offered credit notes, or deferred bookings. Many are, of course, concerned that deferred bookings might not suit them due to inability to travel at a later stage, or where credit notes have been offered, that these might not be viable if the companies go bankrupt. Some have also turned to their banks; in a number of cases, without success.’

3PB, 4th May 2020

Source: www.3pb.co.uk

Responding to COVID-19 the Maritime Perspective in the UK – 3PB

Posted May 12th, 2020 in chambers articles, coronavirus, news, ships by sally

‘We have reviewed the response to the Covid 19 crisis from international organisations and authorities and the UK Government and we have analysed responses from the cruise industry and UK ports. It is clear that protecting the health of those on ships and minimising the risk of transporting the coronavirus between different shores necessitates a focus on similar measures to those taken in society in general. These measures, however, need to be adapted to the very different environment on board ships.’

3PB, 28th April 2020

Source: www.3pb.co.uk

Residential Possession Proceedings: Coronavirus Lockdown – 4-5 Gray’s Inn Square

Posted May 12th, 2020 in civil procedure rules, coronavirus, news, practice directions, repossession, stay of proceedings by sally

‘Thus far, the two major steps taken in housing law to address the
current coronavirus (COVID-19) crisis are:
– CPR PD 51Z
– Coronavirus Act 2020 s.3 and Sch.29’

4-5 Gray's Inn Square, 28th April 2020

Source: www.4-5.co.uk

Clarification of the Test for Dishonesty in Criminal Law: R v David Barton and Rosemary Booth [2020] EWCA Crim 575 – Park Square Barristers

Posted May 12th, 2020 in contracts, deceit, gambling, news, Supreme Court by sally

‘In this landmark decision, a five – judge constitution of the Court of Appeal (Criminal Division), headed by the Lord Chief Justice of England and Wales, clarified that the test for dishonesty in criminal law is that set out by Lord Hughes in the Supreme Court authority of Ivey v Genting Casinos (UK) (trading as Cockfords Club) [2017] UKSC 67; [2018] AC 391. This test is to be preferred to the test of the Court of Appeal Criminal Division in R v Ghosh [1982] QB 1053.’

Park Square Barristers, 30th April 2020

Source: www.parksquarebarristers.co.uk

Injuncting OFSTED reports – Court of Appeal maintains heightened hurdle test – Education Blog

Posted May 12th, 2020 in education, injunctions, judicial review, news, reports by sally

‘The normal Cyanamid test for granting an interim injunction is whether there is a serious issue to be tried; if so, whether damages would be a sufficient remedy; and if not, where the balance of convenience (or balance of injustice) lies. Sometimes these stages, particularly the last two, get compressed together.’

Education Blog, 9th May 2020

Source: education11kbw.com

Juries and Covid-19: protecting the right to a fair trial – UK Human Rights Blog

Posted May 12th, 2020 in coronavirus, human rights, juries, news by sally

‘With Covid-19 having driven jury-trials to a grinding halt, it is no overstatement to suggest that justice itself has been suspended.’

UK Human Rights Blog, 7th May 2020

Source: ukhumanrightsblog.com

“Uphill battle” to engage judges in remote JR hearings – Litigation Futures

Posted May 12th, 2020 in judicial review, judiciary, news, remote hearings, telecommunications by sally

‘It is often impossible to sense how a judge is receiving submissions during remote judicial review hearings held during the Covid-19 lockdown, leading to confusion for advocates, a study has found.’

Litigation Futures, 11th May 2020

Source: www.litigationfutures.com

Can I Trust The NHS’ Covid-19 Contact Tracing App? – Each Other

Posted May 12th, 2020 in computer programs, coronavirus, news, telecommunications by sally

‘Around 60 percent of the UK public will need to use the NHS’ Covid-19 contact tracing app for it to effectively quell the outbreak. But it has been warned that uptake will depend on whether the app “gives reason to be trusted”. EachOther asks experts their views on how trust is being earned and eroded.’

Each Other, 7th May 2020

Source: eachother.org.uk

Interpretation of category 1 factors for offences of causing GBH or wounding with intent – R v Xue [2020] EWCA Crim 587 – Park Square Barristers

Posted May 12th, 2020 in grievous bodily harm, interpretation, news, sentencing, wounding by sally

‘This comment notes the recent Court of Appeal decision which focused upon the interpretation of two category 1 factors indicating greater harm under the Sentencing Guideline for causing GBH or wounding with intent under section 18 OAPA 1861 (‘section 18’):

– Injury (which includes disease transmission and/or psychological harm) which is serious in the context of the offence (must normally be present);
– Sustained or repeated assault on the same victim.’

Park Square Barristers, 5th May 2020

Source: www.parksquarebarristers.co.uk

Coronavirus: Do I have to go back to work after lockdown? – BBC News

Posted May 12th, 2020 in coronavirus, employment, health & safety, news by sally

‘The government has started easing lockdown restrictions, with more people now encouraged to start returning to work.’

BBC News, 11th May 2020

Source: www.bbc.co.uk

Separation REALLY is the last resort – Garden Court Chambers

Posted May 12th, 2020 in care orders, children, disabled persons, domestic violence, drug abuse, local government, news by sally

‘In this case, the local authority successfully applied for an interim care order as a result of the mother’s longstanding drug addiction (which had led to the need for one leg to be amputated and the use of a wheelchair), her chaotic lifestyle, and domestic abuse concerns. The child was placed with her mother in a residential unit.’

Garden Court Chambers, 27th April 2020

Source: www.gardencourtchambers.co.uk

Jury trials to resume in England and Wales with physical distancing – The Guardian

Posted May 12th, 2020 in coronavirus, Crown Court, juries, news by sally

‘Jury trials will resume under physical distancing restrictions in a limited number of crown courts in England and Wales from 18 May, the lord chief justice has announced.’

The Guardian, 11th May 2020

Source: www.theguardian.com

Chelsea Brooke-Ward and Nathan Davis comment upon the Law Commission’s recommendations for the Employment Tribunal Structure and Jurisdiction – Park Square Barristers

Posted May 12th, 2020 in employment tribunals, jurisdiction, Law Commission, news by sally

‘Yesterday [30 April] the Law Commission released its Recommendations following The Law Commission’s 13th Programme of Law Reform which included a review of the employment law hearing structures.’

Park Square Barristers, 1st May 2020

Source: www.parksquarebarristers.co.uk

Court of Appeal upholds law firm’s Chinese wall – Legal Futures

Posted May 12th, 2020 in fiduciary duty, injunctions, law firms, news by sally

‘A law firm acting for different defendants against the same claimant did not owe that claimant a true fiduciary duty, and so did not have to prove its Chinese Wall worked, the Court of Appeal has ruled.’

Legal Futures, 11th May 2020

Source: www.legalfutures.co.uk

‘Join A Union’: Lawyers Warn Right To Refuse To Work Has Limits – Each Other

Posted May 12th, 2020 in coronavirus, employment, health & safety, news, trade unions by sally

‘Lawyers are urging people concerned by Boris Johnson’s back-to-work message to join a union and seek legal advice before exercising their right to refuse to work.’

Each Other, 11th May 2020

Source: eachother.org.uk

Meadowside exceptions applied in Balfour Beatty Civil Engineering Limited, Balfour Beatty Group Limited v Astec Projects Limited (In Liquidation) [2020] EWHC 796 (TCC) – Hardwicke Chambers

Posted May 12th, 2020 in chambers articles, construction industry, dispute resolution, news by sally

‘Balfour Beatty brought an application seeking the injunction of three adjudications that was sought by Astec. Astec engaged in three sub-contracts with Balfour Beatty, the main contractor, for various aspects of work to and around Blackfriars Station. The works began in 2010, but in April 2014 Astec went into administration and then liquidation in October 2014. Nothing happened after liquidation, until Astec sent a claim letter on 24th December 2019 and a first notice of adjudication on 24th January 2020.’

Hardwicke Chambers, 4th May 2020

Source: hardwicke.co.uk

Remote Hearings and Witness Evidence – Pump Court Chambers

Posted May 12th, 2020 in chambers articles, evidence, news, remote hearings, witnesses by sally

‘Remote hearings come with particular difficulties. One obvious difficulty is that the parties cannot see each other as well as they might in the courtroom. But how much of a problem is this?’

Pump Court Chambers, 29th April 2020

Source: www.pumpcourtchambers.com

Bereaved families seek ‘justice’ for UK victims of coronavirus – The Guardian

Posted May 12th, 2020 in bereavement, coronavirus, families, ministers' powers and duties, news by sally

‘Bereaved British families whose relatives died because of Covid-19 have formed a group to campaign for justice, demanding that the government accepts its failures may have contributed to their deaths.’

The Guardian, 11th May 2020

Source: www.theguardian.com

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