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

‘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.’

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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”.’

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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

‘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.’

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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

‘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.’

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3PB, 2nd June 2020

Source: www.3pb.co.uk

Compensation Fund cuts would be “devastating” – Legal Futures

‘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.’

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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.’

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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.’

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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

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.

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Local Government Lawyer, 4th June 2020

Source: www.localgovernmentlawyer.co.uk

Record court delays for civil litigants – Litigation Futures

‘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.’

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Litigation Futures, 4th June 2020

Source: www.litigationfutures.com

Overseas Production Orders – A New Tool to Obtain Foreign Electronic Evidence – 6KBW College Hill

Posted June 5th, 2020 in Crown Court, data protection, evidence, foreign jurisdictions, news by sally

‘For years, prosecutors and defenders have acted in the confident knowledge that obtaining certain types of important electronic evidence from overseas in time for use at trial has been very difficult. That may now change: the Crime (Overseas Production Orders) Act 2019 (“the Act”) received the Royal Assent on 12 February 2019. The provisions of the Act came into force on 9 October 2019.’

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6KBW College Hill, 25th May 2020

Source: blog.6kbw.com

Watering down children’s rights – Doughty Street Chambers

‘This post, written by a member of the Doughty Street Chambers’ Children’s Rights Group, raises questions about the necessity and proportionality of the Adoption and Children (Coronavirus) (Amendment) Regulations 2020. It suggests that the Regulations are likely to breach the UK’s international human rights commitments at a time when children need such protections more than ever.’

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Doughty Street Chambers, 19th May 2020

Source: insights.doughtystreet.co.uk

Official Solicitor takes part for first time in hearing of out of hours application in serious medical treatment case – Local Government Lawyer

‘The Official Solicitor has for the first time taken part in the hearing of an urgent out of hours application in a serious medical treatment case.’

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Local Government Lawyer, 4th June 2020

Source: www.localgovernmentlawyer.co.uk

Civil Justice Council report on the impact of COVID-19 on civil court users published – Courts and Tribunals Judiciary

Posted June 5th, 2020 in civil justice, coronavirus, courts, news, remote hearings by sally

‘The Master of the Rolls, Sir Terence Etherton, the chair of the independent Civil Justice Council and Head of Civil Justice, has welcomed the Civil Justice Council’s rapid review of the impact of the COVID-19 pandemic on the civil justice system, particularly the swift expansion of the use of remote hearings. The review, conducted with the support of the Legal Education Foundation, launched on 1 May 2020 and concluded on 15 May 2020. It was particularly aimed at court users whose hearings took place between 1 May and 7 May 2020.’

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Courts and Tribunals Judiciary, 5th June 2020

Source: www.judiciary.uk

Recent Statutory Instruments – legislation.gov.uk

Posted June 5th, 2020 in legislation by tracey

The Electricity (Individual Exemption from the Requirement for a Supply Licence) (E.ON UK CHP Limited) (England) Order 2020

The Mobile Homes Act 2013 (Commencement No. 2) (England) Order 2020

Source: www.legislation.gov.uk

Campaigners get green light for legal challenge over felling of wood near planned nuclear power station – Local Government Lawyer

‘A group that campaigns against the proposed Sizewell C nuclear power station has won permission to take East Suffolk Council to judicial review in a dispute over felling a wood.’

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Local Government Lawyer, 4th June 2020

Source: www.localgovernmentlawyer.co.uk

Cricketer who joked about ‘dragging the birds back’ appeals five-year rape sentence – Daily Telegraph

Posted June 5th, 2020 in appeals, news, rape, sexual offences by sally

‘A former professional cricketer who joked about “dragging the birds back” as part of a WhatsApp sexual conquest game has appealed a five year sentence by claiming the comments did not prove he would ignore consent.’

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Daily Telegraph, 4th June 2020

Source: www.telegraph.co.uk

Patents – Neurim Pharmaceuticals v Mylan – NIPC Law

Posted June 5th, 2020 in appeals, damages, injunctions, intellectual property, medicines, news, patents by sally

‘This was an application by Neurim Pharmaceuticals (1991) Ltd. (“Neurim”), the registered proprietor of European patent (UK) number 1441702 and Flynn Pharma Ltd. (“Flynn”) the proprietor’s exclusive licensee for an interim injunction to restrain until trial or further order the generics manufacturer, Mylan, from taking steps that might infringe that patent. The application was heard online by Mr Justice Marcus Smith on 20 May 2020. He handed down his judgment on 3 June 2020.’

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NIPC Law, 4th June 2020

Source: nipclaw.blogspot.com

BAILII: Recent Decisions

Posted June 5th, 2020 in law reports by tracey

Court of Appeal (Criminal Division)

Westwood, R v [2020] EWCA Crim 598 (06 May 2020)

Mustafa v The Environment Agency [2020] EWCA Crim 597 (06 May 2020)

High Court (Administrative Court)

Amajane (aka Adam Mansori) v Amtsgericht Tiergarten, Federal Republic of Germany [2020] EWHC 1446 (Admin) (04 June 2020)

Khan v Governor of HMP The Mount & Anor [2020] EWHC 1367 (Admin) (04 June 2020)

Chief Constable West Midlands Police, R (on the application of) v Panel Chair, Police Misconduct Panel & Anor [2020] EWHC 1400 (Admin) (04 June 2020)

HE, R (on the application of) v The Lord Chancellor [2020] EWHC 1411 (Admin) (04 June 2020)

High Court (Chancery Division)

Akkurate Ltd, Re [2020] EWHC 1433 (Ch) (04 June 2020)

Manchester United Football Club Ltd v Sega Publishing Europe Ltd & Anor [2020] EWHC 1439 (Ch) (04 June 2020)

High Court (Commercial Court)

RP Explorer Ltd v Malhotra & Anor [2020] EWHC 1225 (Comm) (04 June 2020)

SPC Aviation Ltd v Air Link One Ltd [2020] EWHC 1419 (Comm) (04 June 2020)

MVV Environment Devonport Ltd v NTO Shipping GmbH & Co KG & Ors [2020] EWHC 1371 (Comm) (04 June 2020)

High Court (Queen’s Bench Division)

Paul & Anor v The Royal Wolverhampton NHS Trust [2020] EWHC 1415 (QB) (04 June 2020)

SC v University Hospital Southampton NHS Foundation Trust [2020] EWHC 1432 (QB) (04 June 2020)

Copeland v Bank of Scotland Plc [2020] EWHC 1441 (QB) (04 June 2020)

Source: www.bailii.org

Post-termination Restrictive Covenants & Constructive Dismissal – Square Global Limited v Leonard [2020] EWHC 1008 (QB) – 3PB

‘Mr Leonard was recruited as a Broker by Square Global Limited (“Square”) in February 2015. He resigned summarily on 11 November 2019. For around seven months prior to his resignation, Mr Leonard had been in discussions with a rival financial services business, Market Securities, about leaving Square and joining them instead.’

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3PB, 2nd June 2020

Source: www.3pb.co.uk

Coronavirus: Court action threatened over school meal vouchers – BBC News

‘Campaigners have threatened to bring legal action against the government for not providing free school meal vouchers during the summer.’

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BBC News, 5th June 2020

Source: www.bbc.co.uk