16/06/2020 – Current Awareness

Should I claim or should I wait? – Falcon Chambers

Posted June 16th, 2020 in coronavirus, enfranchisement, leases, mortgages, news, sale of land by sally

‘Since the property market coronavirus restrictions were lifted on 13 May 2020, there has been a reported rush to buy and sell houses and flats. Where property is leasehold, the sale of the lease is often the trigger which leads to a claim being made for either a new lease or the freehold under the Leasehold Reform Acts. The purchaser will always be concerned to see exactly what term is being acquired. A lessee of a flat wishing to buy a new lease must have owned the lease for two years before serving a notice (s. 39(2)(a) of the Leasehold Reform, Housing and Urban Development Act 1993). The same ownership period applies to a claim to acquire the freehold of a house (s. 1(1)(b) of the Leasehold Reform Act 1967).’

Falcon Chambers, June 2020

Source: www.falcon-chambers.com

South Shields Football Club 1888 Limited v The Football Association Limited – Blackstone Chambers

Posted June 16th, 2020 in consultations, contracts, coronavirus, dispute resolution, news, sport, ultra vires by sally

‘A legal challenge to The FA’s decision to end the 2019/20 football season in Steps 3-7 of the English football National League System without promotion or relegation on account of the COVID-19 pandemic has been dismissed. The arbitral panel, chaired by Lord Dyson with Charles Flint QC and Andrew Green QC, rejected the challenge brought by South Shields FC, a club sitting in an automatic promotion position at the point of cessation of the season.’

Blackstone Chambers, 11th June 2020

Source: www.blackstonechambers.com

Triaging Coronavirus treatment – (3) the Guidance and discrimination – Cloisters

Posted June 16th, 2020 in age discrimination, coronavirus, disability discrimination, disabled persons, elderly, equality, medical treatment, news by sally

As part of our series considering the human rights and equality implications of Covid-19, Catherine Casserley and Declan O’Dempsey consider BMA Guidance on the use of characteristics of age and disability in medical triage in the light of discrimination law. This article considers the impact of discrimination law on the guidance.

Cloisters, 9th June 2020

Source: www.cloisters.com

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

Posted June 16th, 2020 in appeals, civil procedure rules, coronavirus, news, practice directions, repossession, stay of proceedings by sally

‘London Borough of Hackney v Okoro [2020] EWCA Civ 681

This case follows the Court of Appeal decision in Arkin v Marshall [2020] EWCA Civ 620 which was recently handed down on 11 May 2020.’

Becket Chambers, 1st June 2020

Source: becket-chambers.co.uk

Relief from sanctions overturned for “egregious” conduct – Litigation Futures

Posted June 16th, 2020 in case management, civil procedure rules, expert witnesses, negligence, news, sanctions, solicitors by sally

‘A High Court judge has overturned relief from sanctions granted to a claimant in a medical negligence case, partly because of her solicitor’s “egregious” conduct.’

Litigation Futures, 15th June 2020

Source: www.litigationfutures.com

Boundaries to registered leasehold property: the High Court reminds conveyancers why it is important to read the small print in HCP (Hendon) Ltd) v Chief Land Registrar – Landmark Chambers

Posted June 16th, 2020 in interpretation, judicial review, land registration, leases, news by sally

‘This case tested the extent to which information contained on the face of the property register to registered leasehold estates can be relied on. It is the first time the High Court has specifically ruled on the question of whether the title plan and the floor level note on the property register are conclusive and can be relied on in isolation from the underlying lease, for the purpose of ascertaining the vertical general boundaries. The judgment confirms that the Land Registration Act 2002 does not modify the long-established principle that the general boundaries are determined by construing the lease itself. To that end, the lease is effectively incorporated into the register of title by reference and by HM Land Registry keeping a copy, so the description of the registered estate on the face of the property register does not stand in isolation and must be read in conjunction with the registered lease.’

Landmark Chambers, 1st June 2020

Source: www.landmarkchambers.co.uk

Coronavirus and police drone use – Law Society’s Gazette

Posted June 16th, 2020 in aircraft, coronavirus, data protection, evidence, news, police, video recordings by sally

‘The police have an important role to play at the time of a pandemic when social distancing and self-isolation are so important. However, any action they take must be proportionate, transparent and, above all, lawful. Anything else will erode public confidence in the police and make their job more difficult.’

Law Society, 15th June 2020

Source: www.lawgazette.co.uk

Re C – appeal about a hybrid hearing – Transparency Project

Posted June 16th, 2020 in barristers, coronavirus, human rights, legal representation, news, remote hearings by sally

‘The issue was that the case required a resumption of a finding of fact hearing and that the leading barrister for the children’s mother was “shielding” so could not attend court in person with her client. The mother appealed a decision in the High Court by Mr Justice Williams that the hearing go ahead in June as a “hybrid” hearing i.e. with some parties and lawyers in the court room and others online.’

Transparency Project, 12th June 2020

Source: www.transparencyproject.org.uk

Fight for Grenfell inquiry to look at racial stereotyping goes on – The Guardian

Posted June 16th, 2020 in equality, fire, health & safety, inquiries, minorities, news by sally

‘Campaigners believe bias and inequality were factors in high number of BAME deaths in fire.’

The Guardian, 14th June 2020

Source: www.theguardian.com

Nyasha Weinberg and Claudia Pagliari: Covid-19 reveals the need to review the transparency and independence of scientific advice – UK Constitutional Law Association

Posted June 16th, 2020 in coronavirus, health, ministers' powers and duties, news by sally

‘The tragedy of Covid-19 demonstrates the profound, life-saving, importance of good advice. It is essential that the governance system enables the best possible provision of scientific advice, a mechanism for correcting sub-optimal advice, and clarity around the difference between scientific advice and political decision making.’

UK Constitutional Law Association, 16th June 2020

Source: ukconstitutionallaw.org

Negligent advice warning over coronavirus jobs scheme – Legal Futures

Posted June 16th, 2020 in coronavirus, law firms, negligence, news, remuneration by sally

‘Lawyers and others who advised clients on the Coronavirus Job Retention Scheme (CJRS) are at risk of claims as the government looks to claw back payments to which recipients were not entitled, a professional negligence specialist has warned.’

Legal Futures, 16th June 2020

Source: www.legalfutures.co.uk

Nazir Afzal joins legal fight for new inquiry into Dominic Cummings – The Guardian

Posted June 16th, 2020 in civil servants, coronavirus, Crown Prosecution Service, news, prosecutions, regulations by sally

‘Nazir Afzal, a former regional chief prosecutor, has joined a legal campaign for a new investigation into Dominic Cummings over alleged breaches of the coronavirus lockdown rules.’

The Guardian, 14th June 2020

Source: www.theguardian.com

Input tax recovery of theatre production costs: HMRC v Royal Opera House Covent Garden Foundation [2020] UKUT 132 (TCC) – Monckton Chambers

Posted June 16th, 2020 in news, theatre, VAT by sally

‘Supplies of theatre and museum tickets fall within the ‘cultural exemption’ under Schedule 9 of the VAT Act 1994. However, the business model of many cultural venues does not rely solely on income from ticket sales. As well as funds from public grants and endowments, many venues also make taxable supplies of food and drink at on-site bars and restaurants, or sell other merchandise too. On the input side, venues will have paid VAT on the costs of staging productions or putting on exhibitions. The present appeal concerned whether the Royal Opera House’s production costs fell to be attributed solely to its exempt sales of tickets and taxable sales of programmes, or alternatively to a wider range of taxable supplies, principally its bar and restaurant offerings.’

Monckton Chambers, June 2020

Source: www.monckton.com

Case comment: Dill v Secretary of State for Housing, Communities and Local Government and another [2020] UKSC 20 – UKSC Blog

Posted June 16th, 2020 in appeals, listed buildings, local government, news, planning, Supreme Court by sally

‘In this case comment, Stephen McNaught, Mark McMurray, Josh Risso-Gill and Gael Hardie, who all work within the planning team at CMS, comment on the decision recently handed down by the UK Supreme Court in the matter of Dill v Secretary of State for Housing, Communities and Local Government and another [2020] UKSC 20, which concerned “listed buildings”.’

UKSC Blog, 12th June 2020

Source: ukscblog.com

Jason Varuhas: Evidence, Facts and the Changing Nature of Judicial Review – UK Constitutional Law Association

Posted June 16th, 2020 in disclosure, evidence, human rights, judicial review, news by sally

‘ It is received wisdom, oft-repeated in judgments and textbooks alike, that the judicial review procedure is not an apt forum for the testing of evidence and resolution of disputed questions of fact. For example, it is commonly stated that disclosure and oral evidence will only be ordered rarely, while one would be lucky to find ‘expert evidence’ mentioned in an administrative law text. In contrast disclosure, oral evidence and expert evidence are par for the course in ‘ordinary’ civil proceedings.’

UK Constitutional Law Association, 15th June 2020

Source: ukconstitutionallaw.org

MPs offer hope for lawyers locked out of Covid-19 support – Legal Futures

Posted June 16th, 2020 in coronavirus, legal profession, news, remuneration, reports, select committees, self-employment by sally

‘The Law Society and Bar Council have urged the government to act on a report from MPs that that would help lawyers who have fallen through the gaps of the coronavirus support schemes.’

Legal Futures, 16th June 2020

Source: www.legalfutures.co.uk

Successful Legal Challenge to Leeds Site Allocations Plan – Landmark Chambers

Posted June 16th, 2020 in chambers articles, housing, news, planning, reasons by sally

‘In a successful challenge to the adoption of a development plan, Mrs Justice Lieven has ruled that the large number of Green Belt allocations in the adopted Leeds Site Allocations Plan (SAP) are legally flawed due to inadequate reasons causing prejudice to the Claimant and an error of fact amounting to an error of law. The Council was also found to have breached the Strategic Environment Assessment Regulations by failing to consider and consult upon a ‘reasonable alternative’ to the strategy of continuing with the SAP in materially changed circumstances. However, in relation to that latter point, relief was not granted due to the Court finding that it was an error that would not have made any difference to the outcome.’

Landmark Chambers, 8th June 2020

Source: www.landmarkchambers.co.uk

Mesothelioma compensation scheme considered at appellate level for the first time – Hardwicke Chambers

Posted June 16th, 2020 in appeals, asbestos, cancer, compensation, damages, limitations, news, statutory interpretation by sally

‘The Upper Tribunal has handed down judgment in DP v Topmark Claims Management Ltd [2020] UKUT 0106 (AAC), which is the first time the Diffuse Mesothelioma Payment Scheme (“DMPS”) has been considered at an appellate level. It gave guidance on the scope of the scheme, as well as wider points on the nature of an appeal before the First Tier Tribunal (“FTT”) and on statutory interpretation.’

Hardwicke Chambers, 2nd June 2020

Source: hardwicke.co.uk

Employment lawyers should brace for advice rush – Legal Futures

Posted June 16th, 2020 in citizens advice bureaux, coronavirus, employment, news, redundancy by sally

‘Employment lawyers could be about to see a surge in enquiries, with data from Citizens Advice showing that people are becoming increasingly concerned about redundancy.’

Legal Futures, 16th June 2020

Source: www.legalfutures.co.uk

1
2
»

Categories

Archives