Presence of shielding QC at in-person hearing “not essential” – Legal Futures

‘The physical presence in a sensitive family case of leading counsel shielding from Covid-19 was desirable but “not essential”, a High Court judge has ruled in ordering an in-person hearing.’

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Legal Futures, 18th May 2020

Source: www.legalfutures.co.uk

The Service Justice System under question regarding the continuation of the jurisdiction to investigate and conduct trials in serious sexual assault and rape cases – Thomas More Chambers

‘The Centre for Military Justice, acting on behalf of three female service personnel has sent a pre – action protocol letter to the Ministry of Defence with regard to three cases which the service justice system (SJS) has conducted and their assertion appears to be that these victims were discriminated against. The Ministry of Defence (MOD) response is due this week. We have not seen the letter nor do we expect to see the response. The Centre for Military Justice stating publicly that by the end of the month they will issue proceedings in the High Court for Judicial Review (JR) citing action for discrimination under both the Human Rights Act and Equality Act. We await sight of the claim and then the defence.’

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Thomas More Chambers, 14th May 2020

Source: www.thomasmore.co.uk

Protecting our young – ensuring our future – Counsel

Posted May 18th, 2020 in barristers, coronavirus, courts, health, health & safety, news, young persons by sally

‘Young barristers want to be in court but they do not want this at the expense of their health or the expense of their clients, writes Katherine Duncan.’

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Counsel, May 2020

Source: www.counselmagazine.co.uk

Making defendants state nationality is ‘racialising’ UK courts – report – The Guardian

‘The impartiality of the criminal justice system is being undermined by the requirement that defendants declare their nationality at the start of proceedings, a report into the legislation has said.’

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The Guardian, 18th May 2020

Source: www.theguardian.com

Coronavirus: 14,000 lockdown-breach fines imposed – BBC News

‘Police in England and Wales have issued more than 14,000 fines for alleged breaches of lockdown laws.’

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BBC News, 15th May 2020

Source: www.bbc.com

Recent Statutory Instruments – legislation.gov.uk

Posted May 18th, 2020 in legislation by tracey

The Statutory Sick Pay (Coronavirus) (Funding of Employers’ Liabilities) Regulations 2020

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted May 18th, 2020 in law reports by tracey

Court of Appeal (Civil Division)

Mohamed v Breish & Ors [2020] EWCA Civ 637 (15 May 2020)

Moss v Information Commissioner [2020] EWCA Civ 580 (15 May 2020)

ZXC v Bloomberg LP [2020] EWCA Civ 611 (15 May 2020)

Super Max Offshore Holdings v Malhotra [2020] EWCA Civ 641 (15 May 2020)

High Court (Administrative Court)

QX v Secretary of State for the Home Department [2020] EWHC 1221 (Admin) (15 May 2020)

Seton, R (On the Application Of) v Secretary of State for Justice [2020] EWHC 1161 (Admin) (15 May 2020)

High Court (Chancery Division)

Mackay v Wesley [2020] EWHC 1215 (Ch) (18 May 2020)

Christoforou v Christoforou & Anor [2020] EWHC 1196 (Ch) (15 May 2020)

Swan & Ors v Gibbs & Ors [2020] EWHC 1226 (Ch) (15 May 2020)

Rees v 82 Portland Place Investments LLP & Anor [2020] EWHC 1177 (Ch) (15 May 2020)

High Court (Commercial Court)

Daiichi Chuo Kisen Kaisha v Chubb Seguros Brasil SA [2020] EWHC 1223 (Comm) (15 May 2020)

The Public Institution for Social Security v Amouzegar [2020] EWHC 1220 (Comm) (15 May 2020)

Burford Capital Ltd v London Stock Exchange Group Plc [2020] EWHC 1183 (Comm) (15 May 2020)

High Court (Family Division)

A Local Authority v The Mother & Ors [2020] EWHC 1233 (Fam) (15 May 2020)

High Court (Queen’s Bench Division)

Sheianov v Sarner International Ltd [2020] EWHC 1214 (QB) (15 May 2020)

Elu v Floorweald Ltd [2020] EWHC 1222 (QB) (15 May 2020)

Source: www.bailii.org

Redundancy and Coronavirus: Picking up the Pieces – Six Pump Court

Posted May 15th, 2020 in chambers articles, coronavirus, employment, news, redundancy by sally

‘Clearly recent events have had a huge impact on business and substantial changes to the nature and size of workforces is expected which will, unfortunately, require consideration of redundancies.’

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Six Pump Court, 11th May 2020

Source: www.6pumpcourt.co.uk

The Bar in the time of coronavirus – Counsel

Posted May 15th, 2020 in barristers, coronavirus, legal profession, news, remote hearings by sally

‘The Bar… will it ever be the same again? Melanie Tether and Nadia Motraghi analyse some of the immediate challenges – how to assess the suitability of an individual case for a remote hearing; how to ensure full participation of all parties so that cases are dealt with justly, as well as on an equal footing; and how to enable open justice.’

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Counsel, May 2020

Source: www.counselmagazine.co.uk

CPS announces review findings for first 200 cases under coronavirus laws – Crown Prosecution Service

‘Prosecutors have reviewed more than 200 finalised cases under the coronavirus legislation up to the end of April, with any incorrect charges withdrawn and overturned.’

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Crown Prosecution Service, 15th May 2020

Source: www.cps.gov.uk

The Health Protection (Coronavirus, Restrictions) (England) (Amendment) (No. 2) Regulations 2020: An Easing of Restrictions in the Residential Property Market – Falcon Chambers

Posted May 15th, 2020 in chambers articles, coronavirus, housing, news by sally

‘On 13 May 2020, the Health Protection (Coronavirus, Restrictions) (England) (Amendment) (No. 2) Regulations 2020 came into force, signaling a start to the tentative easing of the “lockdown” promised by the Prime Minister in his speech on 10 May 2020.’

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Falcon Chambers, May 2020

Source: www.falcon-chambers.com

Reilly v Secretary of State for Education – Blackstone Chambers

‘This decision exemplifies the stricter approach the courts are now taking in disciplinary cases where the regulated person fails to attend a hearing.’

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Blackstone Chambers, 13th May 2020

Source: www.blackstonechambers.com

The Return to Work After Lockdown – 39 Essex Chambers

Posted May 15th, 2020 in chambers articles, coronavirus, employment, health, health & safety, news by sally

‘As we enter the second phase of the national battle against Covid-19 it is possible to discern a change in the political climate. The cease-fire that has been in place for the last two months may be coming to an end, with the question of how the non-WFH workforce might resume fruitful economic activity dividing not just the political parties but also the national and devolved administrations. The early indications are that the conservative government’s preferred approach is to hand over to businesses the task of designing the ‘covid-secure’ workplace and then managing the return of their workers. Detailed practical guidance from government and the HSE (https://www.hse.gov.uk/index.htm) is already arriving and there will be extensive consultation with the unions, whose priority will be to prevent a resumption of work in unsafe factories, offices and sites. No doubt much can also be learned from those businesses that have been able to continue operating during lockdown. To ensure safety and consistency, the prime minister has promised the close involvement of the HSE – spot checks of workplaces are even being planned – and returning workers are being encouraged to blow the whistle on unsafe practices and premises.’

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39 Essex Chambers, 13th May 2020

Source: www.39essex.com

Fraud Under the Furlough Scheme – Church Court Chambers

Posted May 15th, 2020 in chambers articles, coronavirus, employment, fraud, news, remuneration by sally

‘On the 20 March 2020, the UK Government Chancellor, Rishi Sunak announced a number of measures to help employees and businesses through the COVID-19 pandemic crisis: one of them was the Coronovirus Job Retention Scheme (“CJRS”). As billions of pounds is paid in grants to companies, the temptation to exaggerate claims, lie, cheat or just make fraudulently claims will occur. New loopholes and opportunities for fraud have emerged. HMRC is aware of this and have even set up a specialised whistleblower line. Yasin Patel and Amy Hazlewood explore the scheme and the potential criminal offences for anyone found to have made fraudulent claims under the CJRS.’

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Church Court Chambers, May 2020

Source: churchcourtchambers.co.uk

Re B (Children) (Remote Hearing: Interim Care Order) [2020] EWCA Civ 584 by Emily Ward – Broadway House Chambers

‘This is the second case relating to the welfare of children to reach the Court of Appeal on the issue of remote hearings during the Covid-19 pandemic. The same panel of judges who dealt with Re A presided in this case. You can find the decision Re A here and Re B here.’

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Broadway House Chambers, 11th May 2020

Source: broadwayhouse.co.uk

“What next for the Construction Act?” – Rupert Choat for Building Magazine – Atkin Chambers

‘The latest consultation on the Construction Act reached its second stage last month, with the government’s long overdue publication of responses to its consultation on the legislation. When the 1996 act was amended in 2011, the government proposed reviewing it after three years. However, it was six years before consultation with the industry even began. A summary of the responses to that consultation was due two years ago but, presumably owing to Brexit, was not published until this February.’

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Atkin Chambers, 12th May 2020

Source: www.atkinchambers.com

Sentencing Sexual Cases with a Fake Victim – Broadway House Chambers

‘There has been something of an explosion in the number of sexual offences cases coming to the Crown Court where there is no actual victim. Offenders are caught by so-called paedophile hunters or police officers going online and posing as children.’

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Broadway House Chambers, 11th May 2020

Source: broadwayhouse.co.uk

Is it permissible for a defendant to attend (final) confiscation hearings via audio and/or video link during the coronavirus (COVID-19) pandemic court ‘lock down’? – 5SAH

‘Disagreement and divergent approaches to this question persist since the Coronavirus Act 2020 amended the Crime and Disorder Act 1998 (CDA 1998). The position as at 1 May 2020 is as follows. John Oliver discusses for Lexis Nexis PSL.’

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5SAH, 13th May 2020

Source: www.5sah.co.uk

Covid-19 “exacerbating” inequality in profession – Legal Futures

‘Women lawyers are worried that the coronavirus crisis is exacerbating inequalities in the profession, with the pandemic hitting them hard, a survey has found.’

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Legal Futures, 15th May 2020

Source: www.legalfutures.co.uk

Injunction to prevent a breach of mutual trust and confidence: Smo v Hywel Dda University Health Board [2020] EWHC 727 (QB) – 3PB

‘The Court found in favour of the Claimant, a Consultant Surgeon, to restrain the Defendant from continuing a working relationships investigation into his alleged conduct, competence or behaviour, whilst carrying out disciplinary proceedings in parallel. The Defendant’s breached a duty of mutual trust it owed to the Claimant when they decided to embark on a working relationships investigation which was not decided through the exercise of a discretionary power expressly or impliedly conferred on it by the Claimant’s contract of employment.’

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3PB, 1st May 2020

Source: www.3pb.co.uk