Self-Employed Income Support Scheme (‘SEISS’)- Old Square Chambers

‘With the scheme going live on 13 May 2020, Giles Powell and Conor Kennedy consider the SEISS and its effects.’

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Old Square Chambers, 12th May 2020

Source: www.oldsquare.co.uk

C-19 damage: does international law hold any answers? – UK Human Rights Blog

Posted June 1st, 2020 in China, coronavirus, damages, human rights, international law, news by sally

‘What is international law for, if it cannot be enforced against the country responsible for breach? That is the question raised by a recent report documenting a series of steps by the Chinese Communist party to conceal from the World Health Organisation and the rest of the world the outbreak and human-to-human transmission of coronavirus. If we want a rules-based international order to mean anything, the authors of the report point out, it must be upheld.’

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UK Human Rights Blog, 1st June 2020

Source: ukhumanrightsblog.com

Roberts Case Summary – No. 5 Chambers

‘The name of this case may seem familiar; perhaps too familiar given the time it usually takes for matters to proceed through our court system. However, you’d be right. This is the third preliminary issue in the matter of Harry Roberts (a minor and a protected party by his mother and litigation friend Mrs Lauren Roberts) v Soldiers, Sailors, Airmen and Families Association (1), Ministry of Defence (2) and Allegemeines Krankenhaus Viersen GMBH (3) [2020] EWHC 994 (QB) to be determined by the High Court and the second in less than twelve months.’

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No. 5 Chambers, 18th May 2020

Source: www.no5.com

Solicitor and firm sanctioned over property work – Legal Futures

‘A law firm earned some £800,000 in fees on three failed property development schemes as well as ‘quick sale’ conveyancing where it acted for both sides, a tribunal has heard.’

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Legal Futures, 1st June 2020

Source: www.legalfutures.co.uk

The Implied Term of Trust and Confidence and the Coronavirus Job Retention Scheme: a Reply – Old Square Chambers

‘On 14 April 2020, our colleague Stuart Brittenden published an article arguing that the implied term of mutual trust and confidence (“the implied term”) requires employers to make use of the Coronavirus Job Retention Scheme (“CJRS”) for agency workers, zero-hour contract workers, and employees, generally.’

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Old Square Chambers, 19th May 2020

Source: www.oldsquare.co.uk

Equal Pay Act: Why Are Women And Minorities Still Paid Unfairly 50 Years On? – Each Other

‘“Whether it’s being denied flexible working and having to work fewer hours as a result, or finding out you’re paid £3,000 less than a white man with the same job title and fewer responsibilities; it’s always crushing being treated worse than your peers.”

Those are the words of Sophia Moreau, who has experienced unequal pay repeatedly throughout her late teens and early 20s. The journalist and campaigner said that she has come to a “sad realisation” that, as a black woman, she cannot expect fair treatment.’

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Each Other, 29th May 2020

Source: eachother.org.uk

Recent Statutory Instruments – legislation.gov.uk

Posted June 1st, 2020 in legislation by tracey

The Civil Enforcement of Parking Contraventions (England) General (Amendment) Regulations 2020

The Health Protection (Coronavirus, Restrictions) (England) (Amendment) (No. 3) Regulations 2020

The Electronic Communications (Universal Service) (Costs) Regulations 2020

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted June 1st, 2020 in law reports by tracey

Court of Appeal (Civil Division)

Wright v Ver [2020] EWCA Civ 672 (29 May 2020)

High Court (Administrative Court)

Linse, R (on the application of) v Chief Constable of North Wales Police [2020] EWHC 1288 (Admin) (29 May 2020)

High Court (Chancery Division)

Dearing v Skelton & Ors [2020] EWHC 1370 (Ch) (29 May 2020)

De Sena & Anor v Notaro & Ors [2020] EWHC 1379 (Ch) (29 May 2020)

Lehman Brothers Europe Ltd v Re Insolvency Act [2020] EWHC 1369 (Ch) (29 May 2020)

C Wzrd Ltd & Anor v Kortan & Anor [2020] EWHC 1360 (Ch) (29 May 2020)

MV Promotions Ltd & Anor v Telegraph Media Group Ltd & Anor [2020] EWHC 1357 (Ch) (29 May 2020)

High Court (Queen’s Bench Division)

Magee v Willmott [2020] EWHC 1378 (QB) (29 May 2020)

Dayah & Anor v The Partners of Bushloe Street Surgery & Anor v [2020] EWHC 1375 (QB) (29 May 2020)

High Court (Technology and Construction Court)

Castle Water Ltd v Thames Water Utilities Ltd [2020] EWHC 1374 (TCC) (29 May 2020)

Source: www.bailii.org

Time Limits for Tender Challenges: test for extending time to bring a public procurement challenge – Henderson Chambers

‘In Riverside Truck Rental Ltd-v-Lancashire County Council [2020] EWHC 1018 (TCC) the High Court confirmed the strict application of the rules governing the time limits for bringing a claim for breach of the EU Public Procurement regime, whether it be in the High Court (TCC) by way of a claim under the regulation 91 of the Public Contracts Regulations 2015, or in the Administrative Court by way of a claim for judicial review.’

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Henderson Chambers, 14th May 2020

Source: 3yf6pp3bqg8c3rycgf1gbn9w-wpengine.netdna-ssl.com

Prison release schemes almost impossible to deliver, says watchdog – The Guardian

‘Prisoners in England and Wales have been left confused by high-profile government announcements that led them to believe thousands of inmates would be temporarily released to mitigate the spread of the coronavirus behind bars, a prison deaths watchdog has said.’

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The Guardian, 31st May 2020

Source: www.theguardian.com

Coronavirus: Death of Belly Mujinga ‘not linked to spit attack’ – BBC News

Posted June 1st, 2020 in assault, coronavirus, news, unlawful killing by sally

‘The death of a railway worker who was spat at by a man claiming to have coronavirus was not linked to the attack, police have concluded.’

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BBC News, 29th May 2020

Source: www.bbc.co.uk

Coronavirus: Trial backlog ‘adding to risk of mob justice’ – BBC News

Posted June 1st, 2020 in coronavirus, courts, criminal justice, delay, legal aid, news, public order by sally

‘ “Mob justice” could increase in England and Walesunless more money is made available to clear the backlog of court cases swollen by coronavirus, the government has been warned.’

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BBC News, 29th May 2020

Source: www.bbc.co.uk

The power to make a Public Path Diversion Order – No. 5 Chambers

Posted June 1st, 2020 in chambers articles, footpaths, local government, news by sally

‘The recent decision of the High Court (Lieven J.) in The Open Spaces Society v Secretary of State for Environment, Food and Rural Affairs [2020] EWHC 1085 (Admin) “the OSS case”) considered the relevant considerations to be taken into account by a council when determining whether to exercise the power to make a Public Path Diversion Order (PPO) pursuant to section 119 of the Highways Act 1980 (as amended). The decision raises points for councils, vendors, purchasers and owners of adjacent land.’

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No. 5 Chambers, 19th May 2020

Source: www.no5.com

A dog’s breakfast; defective trust instruments rescued – Bowack v Saxton [2020] EWHC 1049 (Ch) – New Square Chambers

Posted June 1st, 2020 in chambers articles, documents, news, trusts by sally

‘In 2013 the Claimants paid £750,000 to establish two discretionary trusts containing AXA offshore bonds in the Isle of Man. In a meeting with a financial planner from Hargreaves Lansdown, they both executed standard form declarations of trust intended to appoint themselves and their daughter as trustees, and their daughter as principal beneficiary.’

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New Square Chambers, 26th May 2020

Source: www.newsquarechambers.co.uk

Privacy group prepares legal challenge to NHS test-and-trace scheme – The Guardian

‘Privacy campaigners are preparing a legal challenge to the NHS’s coronavirus test-and-trace programme as concerns grow about the amount of contact data that will be collected and retained by government.’

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The Guardian, 31st May 2020

Source: www.theguardian.com