Don’t put it in writing! Problems in store for Local Authority Environmental Crime – St Philips Barristers

‘Joint Deputy Head of St Philips Regulatory Team, Ben Mills gives his expert analysis of Walker v Chelmsford City Council [2020] EWHC 635 (Admin) and its consideration of s108 (4) Environment Act 1995.’

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St Philips Barristers, 7th May 2020

Source: st-philips.com

Prison visits could resume in July in England and Wales – The Guardian

‘Families and friends are expected to be able to visit prisoners from July as part of a wider Covid-19 recovery plan for jails in England and Wales, which have been placed under a severely restrictive regime for nearly three months.’

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The Guardian, 2nd June 2020

Source: www.theguardian.com

Church minister who wrote Sinitta’s ‘So Macho’ wins claim over alleged homophobia – Daily Telegraph

‘Rev George Hargreaves was shunned at work by a colleague who ignored him after being outraged by a perceived homophobic remark he had made.’

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Daily Telegraph, 2nd June 2020

Source: www.telegraph.co.uk

R (Susan Fisher) v Durham County Council [2020] – The Interface Between Statutory Nuisance and Disability Discrimination – Francis Taylor Building

‘In his judgment in R (on the application of Susan Fisher) v. Durham County Council [2020] EWHC [2020] EWHC 1277 (Admin) handed down in the Leeds District Registry on 21 May 2020, Julian Knowles J. has dismissed a challenge brought by Susan Fisher, a woman with a neurological disorder which cases her to make involuntary sounds and noises, including words and phrases, against the decision of my client Durham County Council to serve her with a abatement notice under the Environmental Protection Act 1990 (“EPA 1990”).’

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Francis Taylor Building, 21st May 2020

Source: www.ftbchambers.co.uk

The Coronavirus and Employers’ Liability for PPE – Part 4: Liability Under EU Directive by Jack McCracken and Sarah Hopkinson – Ropewalk Chambers

Posted June 3rd, 2020 in chambers articles, coronavirus, EC law, employment, health, health & safety, news by sally

‘Employers who meet the definition of being an ‘emanation of the state’1 may be liable to employees for breach of EU Directives under the doctrine of “direct effect”.’

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Ropewalk Chambers, 11th May 2020

Source: www.ropewalk.co.uk

Supreme Court to rule on ‘paedophile hunters’ case – BBC News

‘A convicted paedophile who was snared by a vigilante group is to have his case examined at the UK Supreme Court.’

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BBC News, 3rd June 2020

Source: www.bbc.co.uk

A case law update- a selection of the non-COVID-19 cases published during the pandemic – St Ives Chambers

Posted June 3rd, 2020 in adoption, chambers articles, children, coronavirus, families, family courts, news by sally

‘The Covid-19 pandemic has produced a number of new cases which tie together the guidance produced by the senior judiciary and are essential reading for all practitioners in this new world of remote working.’

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St Ives Chambers, 27th May 2020

Source: www.stiveschambers.co.uk

Who Is Exempt from the 14 Day Coronavirus Quarantine Period? – Richmond Chambers

Posted June 3rd, 2020 in chambers articles, coronavirus, fines, freedom of movement, news, transport by sally

‘As part of the public health measures to guard against a second wave of coronavirus infection, from 8 June 2020, most travellers to the UK, including British citizens, will be required to spend 14 days in self-isolation. A breach of self-isolation will be punishable with a £1,000 fixed penalty notice in England or potential prosecution and unlimited fine. But who is exempt from the 14 day coronavirus quarantine period?’

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Richmond Chambers, 26th May 2020

Source: immigrationbarrister.co.uk

Parents fight in court over whether children should return to school in England – The Guardian

‘Separating parents are fighting each other through the courts over whether their children should return to school as lockdown is eased, a leading family lawyer has revealed.’

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The Guardian, 2nd June 2020

Source: www.theguardian.com

Fatal Accident Claims by Jayne Adams QC – Ropewalk Chambers

‘The area of fatal accident claims is a wide one and, on occasion, a very complicated one. This handout and indeed the lecture which it accompanies is not intended to cover every aspect of such claims. To do so would take too much time and would, in any event, fail to cover every eventuality.’

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Ropewalk Chambers, 19th May 2020

Source: www.ropewalk.co.uk

Lockdown rules: what is allowed in England, Scotland, Wales and Northern Ireland – The Guardian

‘The latest coronavirus rules, from Monday 1 June, are plentiful and complicated. This is your ultimate guide.’

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The Guardian, 3rd June 2020

Source: www.theguardian.com

Recent Statutory Instruments – legislation.gov.uk

Posted June 3rd, 2020 in legislation by tracey

The Prosecution of Offences Act 1985 (Specified Proceedings) (Amendment) Order 2020

The Census (England) Regulations 2020

Source: www.legislation.gov.uk

Identifying and dealing with difficult issues in NIHL cases – Parklane Plowden Chambers

Posted June 3rd, 2020 in chambers articles, damages, limitations, news, noise, personal injuries by sally

‘The diagnosis and quantification of NIHL is affected by innumerable confounding factors, which include:

(i) Constitutional issues, such as unrelated third pathologies, which can

‘replicate’ the pattern of threshold elevation as appears in NIHL cases;

(ii) Personal susceptibility to hearing damage: ‘soft and hard ears’;

(iii) The actual threshold at birth or before noise exposure, which means assumptions must be made regarding the extent of any allegedly raised threshold;

(iv) Age. Particularly how the effects of age are to be calculated and the assumptions which are valid in arriving at an approved or reliable AAHL table of estimates’

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Parklane Plowden Chambers, 22nd May 2020

Source: www.parklaneplowden.co.uk

BAILII: Recent Decisions

Posted June 3rd, 2020 in law reports by tracey

Court of Appeal (Civil Division)

McKay v The All England Lawn Tennis Club (Championships) Ltd & Ors [2020] EWCA Civ 695 (02 June 2020)

High Court (Administrative Court)

Junior Glasgow, Re review of the tariff [2020] EWHC 1389 (Admin) (02 June 2020)

High Court (Chancery Division)

A Company (Injunction To Restrain Presentation of Petition) [2020] EWHC 1406 (Ch) (02 June 2020)

High Court (Queen’s Bench Division)

Jefferies International Ltd & Anor v Cantor Fitzgerald & Co & Ors [2020] EWHC 1381 (QB) (02 June 2020)

Croydon London Borough Council v Kalonga [2020] EWHC 1353 (QB) (02 June 2020)

Source: www.bailii.org

R v Bartell [2020] EWCA Crim 625 – Exceptional circumstances test within the Firearms Act 1968 – Broadway House Chambers

Posted June 2nd, 2020 in firearms, guilty pleas, news, sentencing by sally

‘Stephen Wood QC considers the recent case of R v Bartell [2020] EWCA Crim 625, where judgment was given on the 1st May 2020 in relation to the exceptional circumstances test set out within the Firearms Act 1968 and suggests that this case following R v Nancarrow [2019] 2 Cr. App. R. (S) marks a perceptible hardening of attitude of the Court of Appeal towards a finding of exceptional circumstances by the sentencing Judge.’

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Broadway House Chambers, 20th May 2020

Source: broadwayhouse.co.uk

Mitigating Covid-19 – Church Court Chambers

Posted June 2nd, 2020 in coronavirus, criminal justice, imprisonment, news, prisons, sentencing by sally

‘The coronavirus pandemic (“Covid-19”) has significantly affected people across the world, in a seemingly indiscriminate fashion, with the devastating impact well publicised. However, one area that has not featured heavily in the mainstream media, is the impact that Covid -19 may have had on the sentencing exercise for Defendants. To that end, as the nation remains in lockdown, are the current conditions in the UK prison system a factor which should be considered by a tribunal when considering the appropriate sentence to impose? This article will outline and discuss the recent decision of the Court of Appeal in the R v Manning [2020] EWCA Crim 592 (“Manning”) and seek to answer that question.’

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Church Court Chambers, May 2020

Source: churchcourtchambers.co.uk

Guidance on making staff take holiday during the Coronavirus outbreak – Cloisters

Posted June 2nd, 2020 in contract of employment, coronavirus, EC law, holidays, news, working time by sally

‘In this article, Declan O’Dempsey considers the implications of the Guidance issued by the government on 13 May 2020 on holiday entitlement and pay during coronavirus (Covid-19) and urges employers to use considerable caution in seeking to follow the Guidance ordering workers to take annual leave on dates specified by the employer. Employers who choose to order staff to take holidays on specific dates within the Coronavirus outbreak shut down may face contractual or tribunal claims later. Further, the legal uncertainty may mean that they will face claims for penalising those who assert a right to take annual leave at a non-Covid 19 affected time or who refuse to take the leave as annual leave.’

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Cloisters, 19th May 2020

Source: www.cloisters.com

Covid-19 and its effect on contractual obligations – Devereux Chambers

Posted June 2nd, 2020 in chambers articles, contracts, coronavirus, news by sally

‘The simple effect of the Covid-19 lockdown announced on 23 March 2020 was that life, and business, changed for everyone. People and organisations could no longer do things they had planned or intended to do, and in many instances, difficult decisions had to be made, and some were made hastily, without thinking through the ramifications. As time goes on, many will be faced with the question of whether steps they took, or didn’t take, mean that they are in breach of a contractual obligation; on the other side of the coin, others will be wondering whether they have a remedy for not having received goods or services they expected to on time, or at all.’

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Devereux Chambers, 15th May 2020

Source: www.devereuxchambers.co.uk

Lionel Jeffrey Cozens-Smith v Bellway Homes Limited [2019] EWHC 3222 (Ch) – Tanfield Chambers

Posted June 2nd, 2020 in footpaths, news, planning, rights of way, striking out, summary judgments by sally

‘An application for the approval of reserved matters does not amount to a new application for planning permission.’

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Tanfield Chambers, 28th May 2020

Source: www.tanfieldchambers.co.uk

Did Dominic Cummings act “Responsibly and Legally”? – Doughty Street Chambers

Posted June 2nd, 2020 in civil servants, coronavirus, news, police, regulations by sally

‘Coronavirus has struck in different ways. As well as the devastation it has reaped in taking people’s lives it has exposed an emasculated criminal justice system and political governance clamouring to justify law and guidance applying differently to those close to power from those outside.’

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Doughty Street Chambers, 24th May 2020

Source: insights.doughtystreet.co.uk