‘I lost my father to Covid-19. Now I’m taking legal action against the UK government’ – The Guardian

‘Dr Minesh Talati wants accountability not just for his father’s death, but the other coronavirus victims who didn’t need to die.’

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The Guardian, 3rd June 2020

Source: www.theguardian.com

UPDATE: Halliburton v Vedanta: Performance Bonds and COVID-19 – Atkin Chambers

Posted June 4th, 2020 in contracts, coronavirus, damages, India, injunctions, news by sally

‘Shourav Lahiri revisits the case of Halliburton v Vedanta where a differently constituted bench of the Delhi High Court has just reversed its previous decision and discharged its injunction against the call on performance bonds. This update also examines some related issues that could arise as a consequence of COVID-19.’

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Atkin Chambers, 2nd June 2020

Source: www.atkinchambers.com

100 years on the Statute Book but only one contested case…until now…. – Tanfield Chambers

Posted June 4th, 2020 in charities, Christianity, enfranchisement, leases, news, trusts by sally

‘There was no dispute about the facts. The Claimant church is a charitable company limited by guarantee, which took a 30 year lease of a former industrial unit from the Defendants and converted it into a Church and community centre. That was the permitted use under the lease.’

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Tanfield Chambers, 22nd May 2020

Source: www.tanfieldchambers.co.uk

‘Sham marriage’ solicitor loses strike-off appeal – Legal Futures

‘The High Court has dismissed an appeal by a solicitor struck off after telling an undercover television reporter that he would help them apply for a visa on the back of a bogus marriage.’

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Legal Futures, 4th June 2020

Source: www.legalfutures.co.uk

Family judge says trial should be held on diplomatic immunity legislation and incompatibility with European Convention on Human Rights – Local Government Lawyer

‘A trial should be held on the “virtually insoluble dilemma” between diplomatic immunity and local authorities’ child protection duties, Mr Justice Mostyn has ruled in the High Court Family Division.’

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Local Government Lawyer, 4th June 2020

Source: www.localgovernmentlawyer.co.uk

‘Rough sex’ defence led to over 60 victims having to deny giving consent, finds research – The Guardian

Posted June 4th, 2020 in assault, consent, defences, news, prosecutions, sexual offences, victims by sally

‘More than 60 victims have been forced to go to court over the past decade to deny that they consented to strangulation, assaults or violence, according to the campaign to end reliance on the “rough sex” defence.’

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The Guardian, 3rd June 2020

Source: www.theguardian.com

Remote hearings “can deal with credibility issues” – Legal Futures

‘People should not presume that remote hearings cannot be used for cases where the credibility of witnesses is at stake, the IT adviser to the Lord Chief Justice has said.’

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Legal Futures, 4th June 2020

Source: www.legalfutures.co.uk

Remote hearings for family courts ‘horribly cruel’ – BBC News

Posted June 4th, 2020 in coronavirus, family courts, news, remote hearings by sally

‘Court hearings held remotely in lockdown disadvantage vulnerable people and should not be used longer term, lawyers and charities have said.’

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BBC News, 4th June 2020

Source: www.bbc.co.uk

Noise Induced Hearing Loss (NIHL) – an Introduction, by Jim Hester – Parklane Plowden Chambers

Posted June 4th, 2020 in industrial injuries, news, noise, personal injuries by sally

‘Even those who are experienced in personal injury cases in general can sometimes find industrial diseases cases difficult to get to grips with. Noise induced hearing loss cases can fall into this category. Such cases sometimes appear littered with seemingly impenetrable, highly technical arguments.’

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Parklane Plowden Chambers, 19th May 2020

Source: www.parklaneplowden.co.uk

Supreme court orders libel case retrial over judge’s ‘barrage of hostility’ – The Guardian

‘The supreme court has ordered the re-trial of a long-running libel case after finding that a high court judge, Mr Justice Jay, subjected the unrepresented claimant to a “barrage of hostility” and offensive language.’

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The Guardian, 3rd June 2020

Source: www.theguardian.com

No relief for claimant who went “well beyond” court order – Litigation Futures

Posted June 3rd, 2020 in case management, expert witnesses, news, sanctions, video recordings by sally

‘The High Court has rejected an application for relief from sanctions from a claimant who went “well beyond” the terms of a directions order by obtaining a fully updated report from a medical expert.’

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Litigation Futures, 2nd June 2020

Source: www.litigationfutures.com

Shine on you crazy Dymond* – Nearly Legal

Posted June 3rd, 2020 in fixed-term contracts, housing, landlord & tenant, news, repossession by sally

‘This was a determination of a possession claim brought by Croydon LBC against Ms Kalonga, who had a five year term flexible tenancy. This was a trial of a preliminary issue, transferred to the High Court, of “the correct manner in which to determine a secure flexible tenancy during the fixed term (including whether, and if so how, any principles relating to forfeiture apply)”. The claim ws brought during the fixed term.’

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Nearly Legal, 2nd June 2020

Source: nearlylegal.co.uk

Bar students urge online exams rethink – Legal Futures

‘Bar professional training course (BPTC) students have told the Bar Standards Board (BSB) that its plans for online examinations risk discriminating against women, carers and the disabled.’

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Legal Futures, 2nd June 2020

Source: www.legalfutures.co.uk

36 Emergency Powers Group Newsletter – The 36 Group

‘1. Knowing Your R’s from Your Elbow: Wrongful Convictions in the Time of Coronavirus – Arthur Kendrick & Tom Parker
2. “Repugnant to Ordinary Notions of Fairness”? The Burden of Proof in the ‘Leaving Home’ Offence – Catherine Rose
3. Beyond the Emergency Legislation: Offences of Deliberate Infection – Michael Haggar
4. To Derogate or Not to Derogate: Are the Lockdown Restrictions Compatible with the European Convention on Human Rights? – Nadeem Holland
5. Landlord and Tenant Rights in the Pandemic – Karen Reid
6. Immigration Appeals in the Age of Corona – Tom Wilding’

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The 36 Group, 2nd June 2020

Source: 36group.co.uk

Recent Cases on the Law of an Arbitration Agreement and Anti-Suit Injunctions – 39 Essex Chambers

Posted June 3rd, 2020 in arbitration, chambers articles, injunctions, news, podcasts by sally

‘In this podcast, Niraj Modha considers two recent decisions: Enka v Chubb [2020] EWCA Civ 574 and Times Trading Corporation v National Bank of Fujairah [2020] EWHC 1078 (Comm).’

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39 Essex Chambers, 1st June 2020

Source: www.39essex.com

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

‘This article seeks to provide a further update from my colleague Paul Tapsell’s article on residential possession and lease forfeiture proceedings during Covid-19.’

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Becket Chambers, 1st June 2020

Source: becket-chambers.co.uk

Environmental Law Podcast – Six Pump Court

‘This month the Podcast partners with the UK Environmental Law Association (UKELA), to bring you a COVID-19 special where we hear from environmental regulators on how the pandemic is affecting operations.’

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Six Pump Court, 19th May 2020

Source: www.6pumpcourt.co.uk

Residential Service Charge – Time for Reform? – Becket Chambers

‘On Halloween in 2003, the Service Charge (Consultation Requirements) (England) Regulations 2003 (the “Regulations”) came into force, amending section 20 of the Landlord and Tenant Act 1985 (“LTA 1985”). This amendment set a financial limit to works carried out on a residential building, beyond which a landlord would have to consult with tenants. That threshold is £250 per tenant. The nature of the consultation is prescribed by section 20 LTA 1985.’

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Becket Chambers, 27th May 2020

Source: becket-chambers.co.uk

Solicitor and wife witness client’s will via WhatsApp video – Legal Futures

Posted June 3rd, 2020 in coronavirus, executors, news, solicitors, telecommunications, wills by sally

‘A solicitor and his wife have used WhatsApp video to witness a will made by a man who was very ill with Covid-19, it has emerged.’

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Legal Futures, 2nd June 2020

Source: www.legalfutures.co.uk

The New Corporate Insolvency and Governance Bill – A Summary of the Key Provisions – Radcliffe Chambers

Posted June 3rd, 2020 in bills, chambers articles, company law, coronavirus, insolvency, news by sally

‘This summary gives a short overview of the Corporate Insolvency and Governance Bill, which was first read in the House of Commons
on 20 May 2020 and is intended to proceed to the House of Lords following its final stages in the House of Commons on 3 June 2020. This Bill represents the biggest reforms to the UK’s insolvency framework since the Enterprise Act in 2002. The aim is to allow more tools to rescue struggling companies as a going concern and help more businesses weather the COVID-19 storm and avoid entering an insolvency process.’

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Radcliffe Chambers, 26th May 2020

Source: radcliffechambers.com