11/06/2020 – Current Awareness

‘This article intends to investigate probably well-rehearsed principles implied in bringing actions for personal injury against long-since defunct and even dissolved companies.’

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Parklane Plowden Chambers, 10th June 2020

Source: www.parklaneplowden.co.uk

Frustrated by COVID-19? Tell that to your contract – No. 5 Chambers

Posted June 11th, 2020 in chambers articles, contracts, coronavirus, news by sally

‘The law of frustration has reared its head at some memorable moments in British history: King Edward VII’s cancelled coronation; the First World War; the Second World War; and Brexit. Will the COVID-19 pandemic join this list?’

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No. 5 Chambers, 3rd June 2020

Source: www.no5.com

MEF v St George’s Healthcare NHS Trust – No. 5 Chambers

Posted June 11th, 2020 in birth, costs, hospitals, negligence, news, personal injuries, time limits by sally

‘Mr Justice Morris dismissed the Defendant’s appeal seeking to overturn Master Rowley’s decision that a Calderbank Offer without a time limit was capable of being accepted two days into a detailed assessment hearing.’

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No. 5 Chambers, 8th June 2020

Source: www.no5.com

COVID-19 and the Right to Protest – St John’s Buildings

Posted June 11th, 2020 in coronavirus, demonstrations, freedom of expression, human rights, news, police by sally

‘Criminal barrister Rebecca Penfold has co-authored an article with Aparna Rao of 5 Paper Buildings about Covid-19 and the right to protest. It asks what rights do individual citizens have to protest, whilst subject to lockdown restrictions in England?’

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St John's Buildings, 3rd June 2020

Source: stjohnsbuildings.com

Gregory Davies and Dan Wincott: Brexit, the press and the territorial constitution – UK Constitutional Law Association

Posted June 11th, 2020 in brexit, constitutional law, devolution, media, news by sally

‘In the early years of devolution, Feldman described constitutional discourse in the UK as ‘a sea of conflicting visions’. More than a decade later, Brexit and now Covid-19 remind us again just how differently the UK is understood.’

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UK Constitutional Law Association, 10th June 2020

Source: ukconstitutionallaw.org

A Local Authority v AG [2020] WLR(D) 201, [2020] EWFC 18 and A Local Authority v AG (No 2) [2020] EWHC 1346 (Fam) – Parklane Plowden Chambers

Posted June 11th, 2020 in chambers articles, children, diplomats, human rights, immunity, news by sally

‘Jo Delahunty QC has recently acted for the children in an ongoing case involving diplomatic immunity and child protection matters. In this article one of our current pupils, Hannah Whitehouse, summarises the judgments of Mr Justice Mostyn in A Local Authority v AG [2020] WLR(D) 201, [2020] EWFC 18 and A Local Authority v AG (No 2) [2020] EWHC 1346 (Fam) which grapple with the interplay between Part IV of the Children Act 1989 and the seemingly conflicting duties imposed by the Vienna Convention 1961 and the European Convention on Human Rights 1950 in decisions which are likely to be significant and have wide-reaching implications.’

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Parklane Plowden Chambers, 3rd June 2020

Source: www.parklaneplowden.co.uk

Insolvency in the English Football League: impact on players and staff – Littleton Chambers

Posted June 11th, 2020 in contract of employment, coronavirus, debts, insolvency, news, remuneration, sport by sally

‘In relation to the EFL, there have been dire warnings that in the absence of a substantially increased contribution from the Premier League, up to 60 clubs could go out of business.’

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Littleton Chambers, 2nd June 2020

Source: littletonchambers.com

Giving evidence is not ‘work’ for furloughed employee – Litigation Futures

Posted June 11th, 2020 in adjournment, coronavirus, employment, news, witnesses by sally

‘Giving evidence at court is not “work” for an employee and so being on furlough is not a reason for their employer to seek to vacate a hearing, the designated civil judge in Nottingham has ruled.’

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Litigation Futures, 11th June 2020

Source: www.litigationfutures.com

Calls For Reform After Nurse With PTSD Endures Stop And Search ‘Torture’ – Each Other

Posted June 11th, 2020 in human rights, mental health, minorities, news, police, post-traumatic stress disorder, stop and search by sally

‘“The last 14 months were like torture,” said nurse Neomi Bennett on her fight to clear her name after being convicted of obstructing a police officer during a stop and search last year.’

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Each Other, 10th June 2020

Source: eachother.org.uk

Absence of shielding QC “does not make in-person hearing unfair” – Legal Futures

Posted June 11th, 2020 in barristers, coronavirus, human rights, legal representation, news, queen's counsel, remote hearings by sally

‘A QC’s inability to attend court in person because she is shielding, unlike the other counsel in a case, will not make the hearing unfair, the Court of Appeal has ruled.’

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Legal Futures, 10th June 2020

Source: www.legalfutures.co.uk

Compensation for woman after rape trials collapse over police failings – BBC News

Posted June 11th, 2020 in child abuse, compensation, news, police, prosecutions, rape, victims by sally

‘A woman who police believe was sexually abused by a gang from the age of 12 has been paid a five-figure compensation sum after three trials collapsed following police failings.’

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BBC News, 11th June 2020

Source: www.bbc.co.uk

Limitation: When Does Time Start to Run? – Hailsham Chambers

Posted June 11th, 2020 in contracts, disabled persons, insurance, limitations, news, restitution by sally

‘The key phrase in most but not all of the sections of the Limitation Act 1980 is the accrual of the “cause of action”. Time runs from the accrual of the cause of action.’

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Hailsham Chambers, June 2020

Source: www.hailshamchambers.com

Gregor Fisken Limited v Mr Bernard Carl – Monckton Chambers

Posted June 11th, 2020 in agency, contracts, news, sale of goods by sally

‘The widely reported case of Gregor Fisken Limited v Mr Bernard Carl [2020] EWHC 1385 (Comm) involved one of the world’s rarest and most expensive cars, a $44m Ferrari 250 GTO Series 1 coupé, and its lost (and found) original gearbox. After a week-long trial in the High Court, it was held that the defendant seller was acting in breach of contract in failing to deliver the GTO’s original gearbox to the claimant buyer. The Court made an order for specific performance, requiring the seller to secure the delivery of the original gearbox to the buyer.’

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Monckton Chambers, June 2020

Source: www.monckton.com

Mayson calls for single regulator of all legal services – Legal Futures

Posted June 11th, 2020 in legal profession, legal services, Legal Services Board, news, reports by sally

‘All providers of legal services, whether legally qualified or not, should be registered and regulated by a single regulator, a major review has concluded.’

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Legal Futures, 11th June 2020

Source: www.legalfutures.co.uk

Challenge to new voter ID pilot dismissed by Court of Appeal – UK Human Rights Blog

Posted June 11th, 2020 in elections, identification, judicial review, local government, news, pilot schemes by sally

‘The Government’s announcement that eleven local authorities across England would be taking part in voter ID pilots for the 2019 local elections was controversial. There is a heated debate as to whether citizens should have to provide photo identification before receiving their ballot at elections. For some, it is a straight-forward measure to avoid the risk of fraud. For others, it is a policy that, by design or inadvertently, leads to the disenfranchisement of certain groups.’

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UK Human Rights Blog, 9th June 2020

Source: ukhumanrightsblog.com

Wife who beat husband to death with a hammer permitted to inherit his estate: Challen v Challen [2020] EWHC 1330 (Ch) – New Square Chambers

Posted June 11th, 2020 in diminished responsibility, domestic violence, forfeiture, homicide, married persons, news, succession by sally

‘On 15 August 2010 Sally Challen beat her husband to death with a hammer, wrapped him in a curtain before washing the dishes and driving home. She was convicted of murder on 23 June 2011 and sentenced to life imprisonment, but last year that conviction was quashed by the Court of Appeal. Before the retrial the Crown accepted a guilty plea to a lesser charge of Manslaughter by reason of diminished responsibility, and Mrs Challen was released, having already served her sentence. The Forfeiture rule prevented her inheriting her husband’s estate or taking their joint assets by succession, and in September 2019 she issued proceedings under the Forfeiture Act 1982 for relief.’

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New Square Chambers, June 2020

Source: www.newsquarechambers.co.uk

Director of Public Prosecutions threatened with legal action over failure to investigate Dominic Cummings – The Guardian

Posted June 11th, 2020 in civil servants, coronavirus, Crown Prosecution Service, news, prosecutions, regulations, rule of law by sally

‘The director of public prosecutions, Max Hill, is being threatened with legal action over the failure to investigate Dominic Cummings for alleged breaches of the lockdown rules.’

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The Guardian, 10th June 2020

Source: www.theguardian.com

Latest on the Lockdown Challenge in the UK courts – UK Human Rights Blog

Posted June 11th, 2020 in coronavirus, health, judicial review, news, proportionality, regulations, ultra vires by sally

‘On 26 May, judicial review proceedings were launched in the High Court which not only challenged the lawfulness of the Lockdown Regulations as having been made “ultra vires” under the 1984 Public Health Act, but also claimed that they are disproportionate to the threat posed by Covid-19. Philip Havers QC of 1 Crown Office Row is acting for the claimant.’

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UK Human Rights Blog, 9th June 2020

Source: ukhumanrightsblog.com