Determining and Recording Best Interests – 39 Essex Chambers

‘The purpose of this document is to provide those who have to consider best interests with an overview of the relevant law and principles. Its focus is on: (a) how to apply the MCA 2005 principles when assessing best interests; and (b) how to record your assessment, primarily in the context of health and welfare decisions. It is a companion to our guide to carrying out capacity assessments.’

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33 Essex Chambers, July 2020

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Expanded Scope to the Package Holidays Regulations: An Overview – 33 Bedford Row

Posted July 8th, 2020 in chambers articles, consumer protection, coronavirus, holidays, news by sally

‘The package travel industry is going through unprecedented times, however, there may be some positive signs on the horizon. Travel is likely to return and, as Augustine of Hippo said, the world is a book and those who do not travel only read one page. Taking a long term view, it might be said that, in keeping with Augustine’s description of the world, people will continue to read as many pages as possible, because normally, holiday travel is a key event in most people’s annual calendar. It is estimated that 9 in 10 people from the UK went on a holiday in 2019 and in the same year, outbound travel contributed £37.1Bn to the UK economy.’

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33 Bedford Row, 6th July 2020

Source: www.33bedfordrow.co.uk

Coronavirus and property: keep taking the medicine – Falcon Chambers

‘In the midst of the coronavirus pandemic Parliament has been, and continues to be, very active. This note provides a quick update in relation to the latest developments on four fronts: (1) forfeiture; (2) CRAR; (3) insolvency; (4) planning.’

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Falcon Chambers, 29th June 2020

Source: www.falcon-chambers.com

OHL v Qatar Foundation and tribunal’s powers to correct awards and scope of permissible challenges – Atkin Chambers

‘Challenges were brought by a contractor (JV) under sections 67 and 68(2)(b) of the Arbitration Act 1996 (AA 1996) in respect of an addendum award (the Addendum) issued by an International Chamber of Commerce (ICC) tribunal. The Addendum was issued following an application by the employer to correct a fourth partial award. JV’s challenges were dismissed and the judge gave helpful guidance as to the scope of AA 1996, ss 67 and 68 and the scope of a tribunal’s power to correct and/or interpret its award. Written by Simon Lofthouse QC and Zulfikar Khayum, barristers, at Atkin Chambers, and counsel for Qatar Foundation.’

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Atkin Chambers, 6th July 2020

Source: www.atkinchambers.com

Inquiry was “right to refuse” participants choice of lawyer – Legal Futures

Posted July 8th, 2020 in blood products, compensation, inquiries, medical treatment, news, solicitors by sally

‘The High Court has upheld a decision refusing two ‘core participants’ in the infected blood public inquiry the right to nominate their own solicitors.’

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Legal Futures, 8th July 2020

Source: www.legalfutures.co.uk

‘Breathing space’: the impact of a more consensual approach – 3 Hare Court

‘On 27 April 2020 the British Institute of International and Comparative Law (BIICL) published Breathing Space – a Concept Note on the effect of the pandemic on commercial contracts. The central thesis is that to mitigate the damaging effects of COVID-19 on the global economy, private law should encourage compromise and mediation rather than a zero-sum rush to terminate contracts and then to litigation and arbitration.

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3 Hare Court, 29th June 2020

Source: www.3harecourt.com

German Local Courts are Competent to Issue EAWs: Louisa Collins – 5SAH

Posted July 8th, 2020 in courts, foreign jurisdictions, international law, news, warrants by sally

‘The Divisional Court handed down its decision on 6th May 2020, in a renewed permission hearing, ruling that German local courts were competent to issue European Arrest Warrants: Shirnakhy & Hosseinali v Weiden Local Court, Germany, [2020] EWHC 1103 (Admin), Nicola Davies LJ and Lewis J presiding.’

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5SAH, 2nd July 2020

Source: www.5sah.co.uk

Attending a court to give evidence for the employer is not ‘‘work’’ for the purposes of the ‘furlough’ scheme – 3PB

‘According to a report in the Nottinghamshire Law Society Civil Court User Bulletin No 5. HHJ Godsmark QC, on an application to vacate a trial on account of the Defendant’s witnesses being “furloughed”, stated that, “attending a court to give evidence for the employer is not ‘work’ and certainly not work within the meaning of the furlough scheme”.’

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3PB, 3rd July 2020

Source: www.3pb.co.uk

The Court of Protection and the Appointment of a Deputy – Becket Chambers

‘When a person loses the mental capacity to make decisions for themselves (and they haven’t already put a power of attorney in place), those who care for them may need to apply to the Court of Protection (COP) to appoint a Deputy. In this article I will briefly sets out the differences between a lasting power of attorney (LPA), enduring power of attorney (EPA) and a Deputy. I will then give a sketch of how the Court of Protection works.’

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Becket Chambers, 3rd July 2020

Source: becket-chambers.co.uk

COVID 19: an update on remote hearings and making them effective – 3PB

Posted July 8th, 2020 in chambers articles, civil justice, coronavirus, news, remote hearings by sally

‘Much has been written about the dramatic decrease in civil hearings as a result of the COVID 19 pandemic. A survey conducted by Kate Brunner QC and I for the Western Circuit showed a 75% decrease in the number of hearings and a 58% reduction in work done by the Bar.’

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3PB, 6th July 2020

Source: www.3pb.co.uk

MoJ favours ‘Nightingale’ crown courts to tackle huge backlog of cases – Thomas More Chambers

‘So reports Owen Bowcott, the legal affairs correspondent for The Guardian today. “Nightingale” courts being venues which have been identified as suitable for trials utilising public spaces such a civic centres or university moot halls; apparently to be renamed Blackstone Courts.’

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Thomas More Chambers, 3rd July 2020

Source: www.thomasmore.co.uk

London Borough of Hackney v Okoro [2020] EWCA Civ 681 – Tanfield Chambers

‘If possession proceedings were initially “brought” under CPR Part 55, and are not caught by one of the exceptions set out in CPR PD 51Z Para.2A, then the automatic stay imposed by the practice direction takes effect.’

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Tanfield Chambers, 30th June 2020

Source: www.tanfieldchambers.co.uk

Beware of issuing ‘hopeless’ Inheritance claims in expectation of settlement – St Ives Chambers

‘Ever since the well-known case of Ilott v The Blue Cross and others [2017] where an adult child was awarded £50,000 from her mother’s estate (notwithstanding their estrangement), practitioners are regularly approached by adult children in order to claim from an estranged relative’s inheritance. There is often reference to a “10% rule” based on what was awarded in Ilott.’

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St Ives Chambers, 3rd July 2020

Source: www.stiveschambers.co.uk

Triplerose Limited v Beattie and Beattie [2020] UKUT 180 (LC) – Tanfield Chambers

‘A lease that contains a covenant against use other than as a private dwellinghouse is breached where the tenant opts to let the property out on short term lets through sites such as Airbnb and Booking.com. However, where the tenant still makes regular use of the property as a residence in and around those bookings, the tenant will not be in breach of a separate covenant not to carry on a business from the property (as distinct from a covenant not to use the property for a business).’

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Tanfield Chambers, 30th June 2020

Source: www.tanfieldchambers.co.uk

Air Travel in the Time of Coronavirus: Taxiing for Take-off Again – New Law Journal

Posted July 8th, 2020 in airlines, coronavirus, news, statistics, transport by sally

‘The impact of the COVID-19 pandemic on global air travel has been unprecedented. The UN agency, the International Civil Aviation Organization (ICAO), estimates that for the first quarter of 2020, there has been a reduction of 612 million passengers compared with 2019, with domestic and international air traffic expected to decrease by 50% for 2020 as a whole, as compared to 2019 figures. The global trade body, the International Air Transport Association (IATA), estimates US$419bn worth of lost revenue for airlines, representing roughly a 50% reduction in revenues when compared with 2019.’

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New Law Journal, 24th June 2020

Source: www.newlawjournal.co.uk

Jafari v Tareem Limited [2019] EWHC 3119 (Ch) – Tanfield Chambers

Posted July 8th, 2020 in chambers articles, covenants, damages, landlord & tenant, news, noise by sally

‘The High Court examined the relevance of an offer of compensation to the question of whether a landlord was in breach of the covenant for quiet enjoyment.’

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Tanfield Chambers, 30th June 2020

Source: www.tanfieldchambers.co.uk

Environmental Law News Update – Six Pump Court

‘In this latest Environmental Law News Update, Nicholas Ostrowski, Natasha Hausdorff and Mark Davies consider a new consultation on the England Tree Strategy, a progress report from the Committee on Climate Change and the launch of a new National Framework for Water Resources.’

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Six Pump Court, 2nd July 2020

Source: www.6pumpcourt.co.uk

Conflicting Covenants Revisiting Duval v 11-13 Randolph Crescent – St Ives Chambers

Posted July 8th, 2020 in chambers articles, covenants, housing, landlord & tenant, leases, news by sally

‘What happens when a landlord:
a. On the one hand, gives Tenant A a licence to do something which would otherwise be a breach of Tenant A’s lease, but;
b. On the other hand, is under an obligation to Tenant B to enforce the covenants in Tenant 1’s lease?’

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St Ives Chambers, 6th July 2020

Source: www.stiveschambers.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted July 8th, 2020 in law reports by tracey

The Pension Protection Fund (Moratorium and Arrangements and Reconstructions for Companies in Financial Difficulty) Regulations 2020

The Health Protection (Coronavirus, International Travel and Public Health Information) (England) (Amendment) Regulations 2020

The European Union (Regulated Professions Proportionality Assessment) Regulations 2020

The Global Human Rights Sanctions Regulations 2020

The Health Protection (Notification) (Amendment) (No. 2) Regulations 2020

The School Teachers’ Incentive Payments (England) (Amendment) Order 2020

The Protection of Freedoms Act 2012 (Destruction, Retention and Use of Biometric Data) (Transitional, Transitory and Saving Provisions) (Amendment) Order 2020

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted July 8th, 2020 in law reports by tracey

Court of Appeal (Civil Division)

Robinson v Department for Work And Pensions [2020] EWCA Civ 859 (07 July 2020)

AAA & Anor v CCC [2020] EWCA Civ 846 (07 July 2020)

Holt v Holley & Steer Solicitors (a firm) [2020] EWCA Civ 851 (07 July 2020)

Jarvis v Evans & Anor [2020] EWCA Civ 854 (07 July 2020)

High Court (Administrative Court)

JP, R (On the Application Of) v NHS Croydon Clinical Commissioning Group [2020] EWHC 1470 (Admin) (07 July 2020)

Cornerstone (North East) Adoption And Fostering Service Ltd, R (On the Application Of) v The Office for Standards In Education, Children’s Services And Skills [2020] EWHC 1679 (Admin) (07 July 2020)

Dolan & Ors v Secretary of State for Health And Social Care & Anor [2020] EWHC 1786 (Admin) (06 July 2020)

Clarke v The High Court of Ireland [2020] EWHC 1772 (Admin) (06 July 2020)

High Court (Chancery Division)

Rochay Productions Ltd, Re [2020] EWHC 1737 (Ch) (07 July 2020)

Wrangle v Brunt & Anor [2020] EWHC 1784 (Ch) (06 July 2020)

Powis Street Estates (No. 3) Ltd v Wallace LLP & Anor [2020] EWHC 1692 (Ch) (06 July 2020)

Secure Mortgage Corporation Ltd & Anor v Harold & Ors [2020] EWHC 1780 (Ch) (06 July 2020)

High Court (Queen’s Bench Division)

United Kingdom Independence Party Ltd (UKIP) v Braine & Ors [2020] EWHC 1794 (QB) (07 July 2020)

Ameyaw v McGoldrick & Ors [2020] EWHC 1787 (QB) (06 July 2020)

Spicer v The Commissioner of Police of the Metropolis [2020] EWHC 1778 (QB) (06 July 2020)

High Court (Technology and Construction Court)

Maftoon (t/a Fm Construction Services) v Sayed & Anor [2020] EWHC 1801 (TCC) (07 July 2020)

Source: www.bailii.org