Compulsory Purchase in the time of Coronavirus – an update – 4-5 Gray’s Inn Square

Posted June 4th, 2020 in chambers articles, compulsory purchase, coronavirus, news by sally

‘The guidance is aimed at acquiring authorities. However, it is equally important for those on the other side to know the changing expectations. The most notable change is in respect of forthcoming Compulsory Purchase Orders (‘CPOs’). This article provides a summary of and commentary on the latest guidance.’

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4-5 Gray's Inn Square, 29th May 2020

Source: www.4-5.co.uk

COVID-19 and Insolvency Law: Key Implications of th – 3 Hare Court

Posted June 4th, 2020 in bills, chambers articles, coronavirus, insolvency, news by sally

‘The COVID-19 pandemic has caused unprecedented disruption to the economy and to businesses, many of whom are now facing significant financial difficulty. The Government presented the Corporate Insolvency and Governance Bill to Parliament on 20 May 2020 (“the Bill”). The Bill includes several provisions designed to guard against a deluge of insolvencies during this period and, if enacted, will operate retrospectively.’

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3 Hare Court, 2nd June 2020

Source: www.3harecourt.com

High Court rules employer had to pay settlement even after ex-employee breached confidentiality clause – Duchy Farm Kennels Ltd v Steels [2020] EWHC 1208 (QB) – 3PB

Posted June 4th, 2020 in confidentiality, dispute resolution, employment tribunals, news by sally

‘In Duchy Farm Kennels Ltd v Steels [2020] EWHC 1208 (QB), the High Court addressed the consequences of a party breaching the confidentiality clause in a COT3 settlement, noting that the issue of law arising regarding the status of the clause had not been the subject of a previous appellate ruling.’

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3PB, 2nd June 2020

Source: www.3pb.co.uk

Planning and re-starting the housing market – 4-5 Gray’s Inn Square

Posted June 4th, 2020 in construction industry, coronavirus, housing, news, planning by sally

‘Simon Randle, Vivienne Sedgley and Katharine Elliot analyse government measures to restart the housing market and how they impact on the planning system.’

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4-5 Gray's Inn Square, 29th May 2020

Source: www.4-5.co.uk

Parenting Plans & Child Arrangements Orders: Maria Scotland & Gemma Lindfield – 5SAH

Posted June 4th, 2020 in chambers articles, children, divorce, families, news by sally

‘When the family breaks down and there are children, whether the parents are married or not, the parents are advised to try to reach an agreement on where the children will live: whether they will live with one parent and spend time with the other parent or else share their time between their separated parents’ homes. Older children are often able to make decisions for themselves or make arrangements to go between homes themselves once their parents live apart – so called “voting with their feet”. Younger children and babies cannot and they need their parents to make arrangements in their best interests for them. These parents are advised to try and reach an agreement in writing, called a “parenting plan”.’

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5SAH, 28th May 2020

Source: www.5sah.co.uk

After Elgizouli: what does the judgment mean for mutual legal assistance? – 6KBW College Hill

Posted June 4th, 2020 in death penalty, EC law, human rights, news, Supreme Court by sally

‘In Elgizouli v Secretary of State for the Home Department [2020] UKSC 10, a seven-Justice Supreme Court held that the provision of material by way of mutual legal assistance to the US for the prosecution of Shafee El Sheikh and Alexanda Kotey, without obtaining an assurance that the evidence would not be used in a death penalty trial, was unlawful. The consequences of this judgment, both generally and specifically for Mr El Sheikh and Mr Kotey, are unknown. Where does it leave the provision to the US of further material in relation to these two individuals? In what circumstances could the UK government truly claim to be satisfied that the transfer would be lawful? Only a careful reading of this judgment can assist, and even then such assistance may be limited.’

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6KBW College Hill, 1st June 2020

Source: blog.6kbw.com

Products in a Pandemic: Liability for Medical Products and the Fight against COVID-19 – 11KBW

Posted June 4th, 2020 in chambers articles, coronavirus, medicines, news by sally

‘Marcus Pilgerstorfer QC has co-authored an article considering liability issues arising in relation to the production of medical products in response to the coronavirus pandemic.’

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11KBW, 21st May 2020

Source: www.11kbw.com

Corona Crime – 25 Bedford Row

Posted June 4th, 2020 in coronavirus, financial regulation, fraud, news, prosecutions by sally

‘With plans across the world to gradually lift some lockdown restrictions we can expect to uncover a new wave of corporate criminal activity and organised crime at home and abroad. Criminal defence specialists Simon Pentol QC and Duncan Jones of 25 Bedford Row examine the likely trends and the focus of investigation by the authorities.’

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25 Bedford Row, 27th May 2020

Source: www.25bedfordrow.com

Bounce Back Loans, Injunctions and the Misappropriation of Funds – 33 Bedford Row

Posted June 4th, 2020 in injunctions, loans, news by sally

‘Make sure you can lawfully access the money, or you will find yourself paying a heavy penalty!’

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33 Bedford Row, 4th June 2020

Source: www.33bedfordrow.co.uk

Covid-19 and Limitation Periods in Cross-Border Disputes – Blackstone Chambers

Posted June 4th, 2020 in coronavirus, EC law, limitations, news by sally

‘The law governing limitation periods is critical in managing a dispute; a failure to commence proceedings within the required limitation period is usually nothing less than fatal to a claim. This article considers the potential impact of the Covid-19 pandemic on limitation periods affecting international civil litigation in the courts of England and Wales (henceforth, with apologies, the English courts). The focus of this article is on statutory limitation periods, but it is important to note that some claims may also be subject to contractually agreed limitation periods which require separate and careful consideration.’

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Blackstone Chambers, 29th May 2020

Source: coronavirus.blackstonechambers.com

A Local Authority v The Mother and others [2020] EWHC 1233 (Fam) by Ned Sproston – Broadway House Chambers

Posted June 4th, 2020 in adjournment, care orders, coronavirus, drug abuse, news by sally

‘What can we take away from the judgment in this recent Covid-19 related remote hearing case?’

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Broadway House Chambers, 29th May 2020

Source: broadwayhouse.co.uk

Group litigation – taking the lead – Doughty Street Chambers

‘Dominic Lis Waniso Lungowe & ors v Vedanta Resources PLC & anor [2020] EWHC 749 (TCC) gives important guidance on the position and role of lead solicitors in group litigation. It highlights the need for careful written arrangements setting out the relationship between lead and other solicitors and their respective responsibilities.’

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Doughty Street Chambers, 19th May 2020

Source: insights.doughtystreet.co.uk

The government has failed care home residents – Doughty Street Chambers

Posted June 4th, 2020 in care homes, chambers articles, coronavirus, news by sally

‘This piece analyses the UK government’s performance against ten policy objectives published by WHO Europe. It seeks to shed light on why there have been an estimated 22,000 ‘excess deaths’ in care homes, and why it is still not too late for the government to act.’

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Doughty Street Chambers, 1st June 2020

Source: insights.doughtystreet.co.uk

Supreme Court hears argument on whether £14 billion consumer competition class action should proceed against Mastercard – Exchange Chambers

Posted June 4th, 2020 in class actions, competition, consumer protection, fees, news, Supreme Court by sally

‘The Supreme Court last week heard Mastercard’s appeal seeking to prevent a proposed class action on behalf of 46 million consumers valued at £14 billion from proceeding against it. The case is interesting not merely from the perspective of whether the “juggernaut” of a claim should proceed against Mastercard but also because of its impact on other competition law class actions waiting in the wings and its influence more generally on how the fledgling competition law class action regime will develop in the UK.’

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Exchange Chambers, 22nd May 2020

Source: www.exchangechambers.co.uk

Implications for expulsions following the Supreme Court ruling of AM (Zimbabwe) – Garden Court Chambers

‘Cases where applicants seek to resist removal from the UK because of adverse health consequences have given rise to both great passions and difficult points of principle. The decision of the Supreme Court in AM (Zimbabwe) [2020] UKSC 17 gave the opportunity for the UK’s approach to catch up with that taken by the ECtHR in recent years. In this post we look at the implications of the judgment both generally and in relation to two specific scenarios, namely destitution and “fitness to fly”.’

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Garden Court Chambers, 19th May 2020

Source: www.gardencourtchambers.co.uk

BI insurance test case set for late July – Litigation Futures

Posted June 4th, 2020 in coronavirus, insurance, news by sally

‘The Financial Conduct Authority (FCA) is expecting the High Court to hear its test cases on whether business interruption (BI) insurance policies cover Covid-19 in the second half of July.’

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Litigation Futures, 1 June 2020

Source: www.litigationfutures.com

Business rates relief: an empty promise? – Falcon Chambers

Posted June 4th, 2020 in chambers articles, coronavirus, landlord & tenant, news, rates by sally

‘Even before the current Covid-19 outbreak, non-domestic rates were a critical concern for landlords and tenants of business premises alike. This crisis, and subsequent lockdown, has provoked even closer focus on the issue, and led to some major changes to the rates regime.’

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Falcon Chambers, May 2020

Source: www.falcon-chambers.com

The consequences of breaching absolute covenants – Tanfield Chambers

Posted June 4th, 2020 in covenants, landlord & tenant, leases, news, Supreme Court by sally

‘Residential leases can last a long time. A lot can change in 99 years or 999 years. What the landlord deemed an absolute “no-no” in 1965 might not seem such a bad idea now. However, following the Supreme Court’s decision in Duval v 11-13 Randolph Crescent Ltd [2020] UKSC 18; [2020] PLSCS 84 if the landlord has given other leaseholders in the block the benefit of a mutual enforceability covenant, the landlord will put itself in breach of covenant if it gives a tenant permission to do something which would breach an absolute covenant. The consequences of this decision are potentially far reaching.’

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Tanfield Chambers, 13th May 2020

Source: www.tanfieldchambers.co.uk

High Court Dismisses Claim in Drax Challenge – Francis Taylor Building

‘Mr Justice Holgate has given judgment in ClientEarth’s judicial review of the Secretary of State’s decision to make a development consent order for the construction of two gas-fired units, and related development, at Drax Power Station in North Yorkshire (R (ClientEarth) v SSBEIS [2020] EWHC 1303 (Admin)).’

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Francis Taylor Building, 22nd May 2020

Source: www.ftbchambers.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted June 4th, 2020 in legislation by tracey

The Health Protection (Coronavirus, International Travel) (England) Regulations 2020

The Health Protection (Coronavirus, Public Health Information for Passengers Travelling to England) Regulations 2020

The Human Fertilisation and Embryology (Statutory Storage Period for Embryos and Gametes) (Coronavirus) Regulations 2020

The Energy Efficiency (Building Renovation and Reporting) (Amendment) Regulations 2020

The Misuse of Drugs (Amendment) (England, Wales and Scotland) Regulations 2020

Source: www.legislation.gov.uk