05/06/2020 – Current Awareness

To complete or not to complete? Notices to Complete and Specific Performance – Falcon Chambers

Posted June 5th, 2020 in chambers articles, contracts, enforcement, news, sale of land by sally

‘Once the parties to a contract for the sale and purchase of land (or for the grant and acceptance of a lease) become contractually bound, then, other things being equal, neither of them should be able to back out – at least, not without some default of the other party to exploit. Of course, some such contracts are conditional, and the parties do not necessarily become unconditionally bound until some later date, if at all. But when the parties do become unconditionally bound, one or the other of them may ask the question: how can I force the reluctant party to complete? Or, looking at the problem from the other end: when do I have to complete? Can I be forced to complete?’

Falcon Chambers, May 2020

Source: www.falcon-chambers.com

The Coronavirus and Employers’ Liability for PPE – Part 5: Liability of Employers to Family Members of Employees by Jack McCracken and Sarah Hopkinson – Ropewalk Chambers

Posted June 5th, 2020 in chambers articles, coronavirus, duty of care, employment, families, health, health & safety, news by sally

‘Cases regarding secondary exposure to risk by employees’ family members have tended to focus on whether exposure of the employee was sufficient to place the employer under an obligation to act, and whether there was sufficient industry knowledge for the employer to appreciate the “secondary exposure” risk.’

Ropewalk Chambers, 15th May 2020

Source: www.ropewalk.co.uk

Sale and Development Agreements: Obligations to Use Endeavours – Falcon Chambers

Posted June 5th, 2020 in chambers articles, contracts, coronavirus, news, sale of land by sally

‘At the time of writing, the UK remains subject to stringent and extensive measures which have been enacted by Parliament in response to the Covid19 pandemic. Although there has been some relaxation since the “lockdown” was first introduced in mid-March 2020, large parts of the economy remain on hold. This has had and will continue, for some time, to have an effect on the ability and desire of parties to contracts for the sale and/or development of land to perform their obligations. It will also affect the extent to which transactions of this sort continue to be entered into and the terms of sale and development agreements may well need to adapt to the changing landscape.’

Falcon Chambers, May 2020

Source: www.falcon-chambers.com

The end of remote voting in Parliament: a backwards move? – Cloisters

Posted June 5th, 2020 in chambers articles, coronavirus, equality, health, health & safety, human rights, news, parliament by sally

‘On 21 April, the House of Commons passed a motion approving the introduction of “hybrid proceedings” to minimise the need for physical attendance in Parliament during the coronavirus lockdown. Since then, electronic voting has been facilitated to allow MPs to participate remotely in parliamentary votes (“divisions”). MPs cast their first remote vote on 12 May. However, the provision for remote voting has now lapsed. On 2 June, MPs are being asked to approve a motion which would make it mandatory for them to attend Parliament in order to participate in divisions. The proposal has caused consternation for MPs who are particularly vulnerable to coronavirus, or who live with vulnerable family members, as well as adverse comment from the Equality and Human Rights Commission.’

Cloisters, 2nd June 2020

Source: www.cloisters.com

Training and risk assessments: a reminder from the High Court and returning to work in the Covid-19 crisis – 12 King’s Bench Walk

Posted June 5th, 2020 in accidents, chambers articles, coronavirus, duty of care, employment, health, health & safety, news, personal injuries by sally

‘Sir Robert Francis QC (sitting as a deputy high court judge) recently handed down his judgment in Harris v Bartrums Haulage and Storage Ltd and another [2020] EWHC 900 (QB). It serves as a useful reminder of what employers must do to discharge their duty of care in terms of training and risk assessments. The key is being able to show that they are more than a “mere formality” [110]. On the facts of Harris, Sir Robert found that the First Defendant had acted negligently but dismissed the claim on causation. However, his critique of the First Defendant’s training and risk assessment process is relevant to all employers.’

12 King's Bench Walk, 26th May 2020

Source: www.12kbw.co.uk

Using documents for a collateral purpose and in separate proceedings – how likely are the courts to approve your application? – St Ives Chambers

Posted June 5th, 2020 in chambers articles, civil procedure rules, disclosure, documents, news by sally

‘There will certainly be occasions where the use of documents disclosed in separate proceedings are useful to your case and it is desirable either to disclose these in the present case or to obtain advice on collateral claims, but which applications are practically viable?’

St Ives Chambers, May 2020

Source: www.stiveschambers.co.uk

Wrongful dismissal – how not to go wrong: Cameron v East Coast Main Line Company Limited UKEAT/0212/19/BA – 3PB

Posted June 5th, 2020 in appeals, chambers articles, employment, employment tribunals, health & safety, negligence, news, unfair dismissal by sally

‘In Cameron v East Coast Main Line Company Limited UKEAT/0212/19/BA,1 the EAT dealt with the question of whether length of service is a relevant consideration when asking whether a dismissal is wrongful.’

3PB, 2nd June 2020

Source: www.3pb.co.uk

Your Appeal Fails: London Borough of Hackney v Okoro [2020] EWCA Civ 681 – Falcon Chambers

Posted June 5th, 2020 in appeals, case management, chambers articles, civil procedure rules, housing, local government, news, practice directions, repossession by sally

‘Is an appeal from a possession order (or other order) made in a possession claim commenced under Part 55 of the CPR caught by the stay on “all proceedings brought under CPR Part 55” imposed by paragraph 2 of Practice Direction 51Z (as amended on 20 April 2020)?’

Falcon Chambers, 28th May 2020

Source: www.falcon-chambers.com

Court of Appeal deals blow to libel tourists – Law Society’s Gazette

Posted June 5th, 2020 in appeals, defamation, foreign jurisdictions, jurisdiction, news, statutory interpretation by sally

‘England and Wales’ courts may be less open to international libel litigation following a Court of Appeal ruling which interprets legislation against ’libel tourism’. In Craig Wright v Roger Ver, the court upheld a decision by the High Court that England and Wales was not the appropriate place to hear a defamation action against claims published on social media by a US-born citizen of St Kitts & Nevis now resident in Japan.’

Law Society's Gazette, 2nd June 2020

Source: www.lawgazette.co.uk

Case Comment: Cardtronics UK Ltd and others v Sykes and others (Valuation Officers) [2020] UKSC 21 – UKSC Blog

Posted June 5th, 2020 in appeals, news, rates, Supreme Court, valuation by sally

‘In this case comment, Marcus Barclay, Will Charnock and Siani McNamara, who work in the real estate disputes team at CMS, comment on the decision handed down by the UK Supreme Court on 20 May 2020 in the matter of Cardtronics UK Ltd and others v Sykes and others (Valuation Officers) [2020] UKSC 21, which concerns business rates liability for ATMs in retail stores.’

UKSC Blog, 5th June 2020

Source: ukscblog.com

HS2: Resident loses high court challenge after complaining it could cause homes to collapse – Daily Telegraph

Posted June 5th, 2020 in health & safety, housing, judicial review, news, planning, railways by sally

‘The HS2 tunnels can go ahead, the high court has ruled, after a resident complained the tunnels could cause homes to collapse.’

Daily Telegraph, 5th June 2020

Source: www.telegraph.co.uk

Anti-racism Protests: What Are Your Rights Amid The Pandemic? – Each Other

Posted June 5th, 2020 in coronavirus, demonstrations, health, health & safety, human rights, news, race discrimination, racism by sally

‘Anti-racism protests are taking place across the UK to demand justice following the death of George Floyd, the unarmed black man killed in US police custody.’

Each Other, 5th June 2020

Source: eachother.org.uk

Government facing legal action over policies on care homes during COVID-19 crisis – Local Government Lawyer

Posted June 5th, 2020 in bereavement, coronavirus, government departments, health & safety, news by sally

‘A daughter whose father died of suspected COVID-19 in a care home is to launch a legal action “to hold the government to account”.’

Local Government Lawyer, 4th June 2020

Source: www.localgovernmentlawyer.co.uk

Counter-Terrorism and Sentencing Bill: The Struggle to Balance Legislative Protection With Civil Liberties By Paul Canfield – Broadway House Chambers

Posted June 5th, 2020 in appeals, bills, chambers articles, human rights, news, sentencing, statutory interpretation, terrorism, terrorism prevention & investigation measures by sally

‘As the Government unveils a new Counter-Terrorism and Sentencing Bill, this article briefly looks at the struggle to balance legislative protection with civil liberties in light of the recent Supreme Court decision in R v Adams (Appellant) (Northern Ireland) [2020] UKSC 19.’

Broadway House Chambers, 29th May 2020

Source: broadwayhouse.co.uk

Be wary of the ‘last straw’: Williams v Alderman Davies Church in Wales Primary School UKEAT/0108/19/LA – 3PB

Posted June 5th, 2020 in appeals, chambers articles, constructive dismissal, disability discrimination, disabled persons, disciplinary procedures, employment, employment tribunals, mental health, news by sally

‘The Claimant (“C”) was a primary school teacher who had worked for Alderman Davies Church in Wales Primary School (“the School”) for a number of years. The Respondent (“R”) was the governing body of the School. It was agreed between the parties that from April 2015, C had a disability by reason of a mental impairment affecting, in particular, his reaction to and behaviour in stressful situations.’

3PB, 2nd June 2020

Source: www.3pb.co.uk

Compensation Fund cuts would be “devastating” – Legal Futures

Posted June 5th, 2020 in compensation, consultations, diversity, law firms, Law Society, news, proportionality, race discrimination, solicitors, Solicitors Regulation Authority by sally

‘Cutting the maximum size of Compensation Fund awards from £2m to £500,000 could have a “devastating” impact on “unlucky claimants”, the Law Society has warned.’

Legal Futures, 4th June 2020

Source: www.legalfutures.co.uk

UK housing prices and planning policy post corona virus pandemic – 33 Bedford Row

Posted June 5th, 2020 in chambers articles, coronavirus, housing, news, planning by sally

‘Over half the UK’s wealth is in property. That is more than £7 trillion in just England and Wales, of which around £1-1.5 trillion is secured by lending. The provision of sufficient housing of the right type, in the right places and at affordable prices is a perennial problem. A crisis existed before the Corona-19 virus appeared. The Secretary of State for Housing, Robert Jenrick, described this as an “acute housing need in this country” As we continue to work through lockdown, we must contemplate life afterwards. No-one has a crystal ball. However, mature thinking and past experience might illuminate possible pathways.’

33 Bedford Row, 18th May 2020

Source: www.33bedfordrow.co.uk

Returning to work during Covid-19: safety concerns and protections for employees – 1MCB Chambers

Posted June 5th, 2020 in chambers articles, coronavirus, employment, health, health & safety, news by sally

‘In this blog, employment barristers Michael Sprack and Amrit Bachu identify the obligations on employers to ensure the safety of their workers, particularly workers returning to work during Covid-19, and consider practical steps that workers can take.’

1MCB Chambers, 19th May 2020

Source: 1mcb.com

High Court judge hands down ruling on secure flexible tenancies and possession during fixed term – Local Government Lawyer

Posted June 5th, 2020 in debts, fixed-term contracts, forfeiture, housing, landlord & tenant, local government, news, rent, repossession by sally

A landlord cannot determine a flexible tenancy prior to the expiry of its fixed term without a forfeiture clause even in the event of default by the tenant, the High Court has ruled.

Local Government Lawyer, 4th June 2020

Source: www.localgovernmentlawyer.co.uk

Record court delays for civil litigants – Litigation Futures

Posted June 5th, 2020 in civil justice, coronavirus, courts, delay, Ministry of Justice, news, personal injuries, statistics by sally

‘The time litigants have to wait to reach trial in civil claims reached record lengths even before the impact of the Covid-19 pandemic hit, new government figures have revealed.’

Litigation Futures, 4th June 2020

Source: www.litigationfutures.com

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