No relief for claimant who went “well beyond” court order – Litigation Futures

Posted June 3rd, 2020 in case management, expert witnesses, news, sanctions, video recordings by sally

‘The High Court has rejected an application for relief from sanctions from a claimant who went “well beyond” the terms of a directions order by obtaining a fully updated report from a medical expert.’

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Litigation Futures, 2nd June 2020

Source: www.litigationfutures.com

Shine on you crazy Dymond* – Nearly Legal

Posted June 3rd, 2020 in fixed-term contracts, housing, landlord & tenant, news, repossession by sally

‘This was a determination of a possession claim brought by Croydon LBC against Ms Kalonga, who had a five year term flexible tenancy. This was a trial of a preliminary issue, transferred to the High Court, of “the correct manner in which to determine a secure flexible tenancy during the fixed term (including whether, and if so how, any principles relating to forfeiture apply)”. The claim ws brought during the fixed term.’

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Nearly Legal, 2nd June 2020

Source: nearlylegal.co.uk

Bar students urge online exams rethink – Legal Futures

‘Bar professional training course (BPTC) students have told the Bar Standards Board (BSB) that its plans for online examinations risk discriminating against women, carers and the disabled.’

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Legal Futures, 2nd June 2020

Source: www.legalfutures.co.uk

36 Emergency Powers Group Newsletter – The 36 Group

‘1. Knowing Your R’s from Your Elbow: Wrongful Convictions in the Time of Coronavirus – Arthur Kendrick & Tom Parker
2. “Repugnant to Ordinary Notions of Fairness”? The Burden of Proof in the ‘Leaving Home’ Offence – Catherine Rose
3. Beyond the Emergency Legislation: Offences of Deliberate Infection – Michael Haggar
4. To Derogate or Not to Derogate: Are the Lockdown Restrictions Compatible with the European Convention on Human Rights? – Nadeem Holland
5. Landlord and Tenant Rights in the Pandemic – Karen Reid
6. Immigration Appeals in the Age of Corona – Tom Wilding’

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The 36 Group, 2nd June 2020

Source: 36group.co.uk

Recent Cases on the Law of an Arbitration Agreement and Anti-Suit Injunctions – 39 Essex Chambers

Posted June 3rd, 2020 in arbitration, chambers articles, injunctions, news, podcasts by sally

‘In this podcast, Niraj Modha considers two recent decisions: Enka v Chubb [2020] EWCA Civ 574 and Times Trading Corporation v National Bank of Fujairah [2020] EWHC 1078 (Comm).’

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39 Essex Chambers, 1st June 2020

Source: www.39essex.com

Covid-19 Update: CPR PD51Z Applies to Appeals – Becket Chambers

‘This article seeks to provide a further update from my colleague Paul Tapsell’s article on residential possession and lease forfeiture proceedings during Covid-19.’

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Becket Chambers, 1st June 2020

Source: becket-chambers.co.uk

Environmental Law Podcast – Six Pump Court

‘This month the Podcast partners with the UK Environmental Law Association (UKELA), to bring you a COVID-19 special where we hear from environmental regulators on how the pandemic is affecting operations.’

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Six Pump Court, 19th May 2020

Source: www.6pumpcourt.co.uk

Residential Service Charge – Time for Reform? – Becket Chambers

‘On Halloween in 2003, the Service Charge (Consultation Requirements) (England) Regulations 2003 (the “Regulations”) came into force, amending section 20 of the Landlord and Tenant Act 1985 (“LTA 1985”). This amendment set a financial limit to works carried out on a residential building, beyond which a landlord would have to consult with tenants. That threshold is £250 per tenant. The nature of the consultation is prescribed by section 20 LTA 1985.’

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Becket Chambers, 27th May 2020

Source: becket-chambers.co.uk

Solicitor and wife witness client’s will via WhatsApp video – Legal Futures

Posted June 3rd, 2020 in coronavirus, executors, news, solicitors, telecommunications, wills by sally

‘A solicitor and his wife have used WhatsApp video to witness a will made by a man who was very ill with Covid-19, it has emerged.’

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Legal Futures, 2nd June 2020

Source: www.legalfutures.co.uk

The New Corporate Insolvency and Governance Bill – A Summary of the Key Provisions – Radcliffe Chambers

Posted June 3rd, 2020 in bills, chambers articles, company law, coronavirus, insolvency, news by sally

‘This summary gives a short overview of the Corporate Insolvency and Governance Bill, which was first read in the House of Commons
on 20 May 2020 and is intended to proceed to the House of Lords following its final stages in the House of Commons on 3 June 2020. This Bill represents the biggest reforms to the UK’s insolvency framework since the Enterprise Act in 2002. The aim is to allow more tools to rescue struggling companies as a going concern and help more businesses weather the COVID-19 storm and avoid entering an insolvency process.’

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Radcliffe Chambers, 26th May 2020

Source: radcliffechambers.com

Don’t put it in writing! Problems in store for Local Authority Environmental Crime – St Philips Barristers

‘Joint Deputy Head of St Philips Regulatory Team, Ben Mills gives his expert analysis of Walker v Chelmsford City Council [2020] EWHC 635 (Admin) and its consideration of s108 (4) Environment Act 1995.’

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St Philips Barristers, 7th May 2020

Source: st-philips.com

Prison visits could resume in July in England and Wales – The Guardian

‘Families and friends are expected to be able to visit prisoners from July as part of a wider Covid-19 recovery plan for jails in England and Wales, which have been placed under a severely restrictive regime for nearly three months.’

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The Guardian, 2nd June 2020

Source: www.theguardian.com

Church minister who wrote Sinitta’s ‘So Macho’ wins claim over alleged homophobia – Daily Telegraph

‘Rev George Hargreaves was shunned at work by a colleague who ignored him after being outraged by a perceived homophobic remark he had made.’

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Daily Telegraph, 2nd June 2020

Source: www.telegraph.co.uk

R (Susan Fisher) v Durham County Council [2020] – The Interface Between Statutory Nuisance and Disability Discrimination – Francis Taylor Building

‘In his judgment in R (on the application of Susan Fisher) v. Durham County Council [2020] EWHC [2020] EWHC 1277 (Admin) handed down in the Leeds District Registry on 21 May 2020, Julian Knowles J. has dismissed a challenge brought by Susan Fisher, a woman with a neurological disorder which cases her to make involuntary sounds and noises, including words and phrases, against the decision of my client Durham County Council to serve her with a abatement notice under the Environmental Protection Act 1990 (“EPA 1990”).’

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Francis Taylor Building, 21st May 2020

Source: www.ftbchambers.co.uk

The Coronavirus and Employers’ Liability for PPE – Part 4: Liability Under EU Directive by Jack McCracken and Sarah Hopkinson – Ropewalk Chambers

Posted June 3rd, 2020 in chambers articles, coronavirus, EC law, employment, health, health & safety, news by sally

‘Employers who meet the definition of being an ‘emanation of the state’1 may be liable to employees for breach of EU Directives under the doctrine of “direct effect”.’

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Ropewalk Chambers, 11th May 2020

Source: www.ropewalk.co.uk

Supreme Court to rule on ‘paedophile hunters’ case – BBC News

‘A convicted paedophile who was snared by a vigilante group is to have his case examined at the UK Supreme Court.’

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BBC News, 3rd June 2020

Source: www.bbc.co.uk

A case law update- a selection of the non-COVID-19 cases published during the pandemic – St Ives Chambers

Posted June 3rd, 2020 in adoption, chambers articles, children, coronavirus, families, family courts, news by sally

‘The Covid-19 pandemic has produced a number of new cases which tie together the guidance produced by the senior judiciary and are essential reading for all practitioners in this new world of remote working.’

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St Ives Chambers, 27th May 2020

Source: www.stiveschambers.co.uk

Who Is Exempt from the 14 Day Coronavirus Quarantine Period? – Richmond Chambers

Posted June 3rd, 2020 in chambers articles, coronavirus, fines, freedom of movement, news, transport by sally

‘As part of the public health measures to guard against a second wave of coronavirus infection, from 8 June 2020, most travellers to the UK, including British citizens, will be required to spend 14 days in self-isolation. A breach of self-isolation will be punishable with a £1,000 fixed penalty notice in England or potential prosecution and unlimited fine. But who is exempt from the 14 day coronavirus quarantine period?’

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Richmond Chambers, 26th May 2020

Source: immigrationbarrister.co.uk

Parents fight in court over whether children should return to school in England – The Guardian

‘Separating parents are fighting each other through the courts over whether their children should return to school as lockdown is eased, a leading family lawyer has revealed.’

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The Guardian, 2nd June 2020

Source: www.theguardian.com

Fatal Accident Claims by Jayne Adams QC – Ropewalk Chambers

‘The area of fatal accident claims is a wide one and, on occasion, a very complicated one. This handout and indeed the lecture which it accompanies is not intended to cover every aspect of such claims. To do so would take too much time and would, in any event, fail to cover every eventuality.’

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Ropewalk Chambers, 19th May 2020

Source: www.ropewalk.co.uk