Author: sally

Causing the death of another and the Forfeiture Rule: Amos v Mancini [2020] EWHC 1063 (Ch) – New Square Chambers

Posted May 29th, 2020 in dangerous driving, forfeiture, married persons, news, wills by sally

‘In January 2019 Mrs Amos, aged 74, was driving with her husband near their home in Llandeilo, when they collided with the car in front. Her husband later died from his injuries and Mrs Amos pleaded guilty to causing death by dangerous driving and was given a suspended prison sentence and disqualified from driving. The question arose whether she was prevented from benefitting under her husband’s will, or from receiving by survivorship his share of their home, which was owned as beneficial joint tenants.’

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New Square Chambers, 12th May 2020

Source: www.newsquarechambers.co.uk

How will the ‘Covid-Economy’ affect personal injury litigation? – No. 5 Chambers

Posted May 29th, 2020 in coronavirus, negligence, news, personal injuries by sally

‘Personal injury and clinical negligence practices, as with much of life, are undergoing sudden and profound changes during this Covid-19 pandemic and the current ‘lockdown’. There are obvious effects, such as the adjournment of trials ‘en masse’ and the embracing of digital platforms. Implementation of the governments’ whiplash reforms has been put back until April 2021 and the much-awaited appeal in Swift v Carpenter was delayed once again. But the economic consequences of the pandemic will also influence PI and CN litigation, in some subtle but important ways.’

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No. 5 Chambers, 26th May 2020

Source: www.no5.com

Knowing the risks – foreseeability of stress related illness in the time of Covid 19 – Old Square Chambers

Posted May 29th, 2020 in coronavirus, employment, mental health, news, personal injuries by sally

‘Employers and workers are facing unprecedented challenges in responding to the current pandemic and the measures put in place by the UK governments to tackle it. One area of increasing concern is the impact of the crisis on mental health and wellbeing.’

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Old Square Chambers, 26th May 2020

Source: www.oldsquare.co.uk

1COR Quarterly Medical Law Review – Spring 2020 – Issue 5 – 1 Crown Office Row

Posted May 29th, 2020 in causation, consent, costs, Court of Protection, disciplinary procedures, gender, inquests, medical records, medical treatment, news, paternity, surrogacy, transgender persons, vicarious liability by sally

‘Welcome to the fifth issue of the Quarterly Medical Law Review, brought to you by the barristers at 1 Crown Office Row.’

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1 Crown Office Row, 15th May 2020

Source: www.1cor.com

Can the Covid 19 stay of possession proceedings be lifted? – Arkin v Marshall [2020] EWCA Civ 620 – Park Square Barristers

Posted May 29th, 2020 in coronavirus, news, repossession, stay of proceedings by sally

‘The Court of Appeal have released the judgment in the case of Arkin v Marshall which raised the issue as to whether or not the Covid 19 stay could be lifted.’

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Park Square Barristers, 13th May 2020

Source: www.parksquarebarristers.co.uk

Reasonable expectation of privacy for those under police investigation – Park Square Barristers

Posted May 29th, 2020 in misuse of private information, news, police, privacy by sally

‘This article notes the recent Court of Appeal decision in ZXC v Bloomberg LP [2020] EWCA Civ 611 and the Court’s finding that the starting point is that suspects under investigation, pre-charge, have a reasonable expectation of privacy.’

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Park Square Barristers, 26th May 2020

Source: www.parksquarebarristers.co.uk

Covid 19 Employment Law Series: Coronavirus Job Retention Scheme Direction: Where are we now? – Parklane Plowden Chambers

Posted May 29th, 2020 in contract of employment, coronavirus, news, remuneration by sally

‘With its publication on Friday 22 May 2020, immediately before the bank holiday weekend, you can be forgiven for having missed HMRC’s revised Coronavirus Job Retention Scheme (“CJRS”) Direction, dated 20 May 2020 (“the Direction”). All claims for payment under the CJRS, made after 22 May 2020, must comply with the Direction. The Direction modifies the previous version dated 15 April 2020 and clarifies many, but not all, of the questions that arose therein.’

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Parklane Plowden Chambers, 27th May 2020

Source: www.parklaneplowden.co.uk

Commercial Leases & Insolvency – An Overview – Pump Court Chambers

Posted May 29th, 2020 in coronavirus, insolvency, landlord & tenant, leases, news, rent by sally

‘With many businesses large and small struggling to survive or collapsing into administration or liquidation landlords are particularly vulnerable to rent arrears and the difficulty of finding a suitable tenant to replace the existing. The following is an overview of what steps a landlord can take in this uncertain world.’

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Pump Court Chambers, 26th May 2020

Source: www.pumpcourtchambers.com

Three cases on contempt of court and what they mean for commercial fraud litigation – Radcliffe Chambers

Posted May 29th, 2020 in abuse of process, committals, contempt of court, fraud, news by sally

‘Recent weeks have seen a spate of decisions on contempt of court. Most are sentencing cases and thus of little general interest since they turn on their facts. However, 3 cases do raise issues of general principle which not infrequently arise in the commercial fraud context.’

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Radcliffe Chambers, 19th May 2020

Source: radcliffechambers.com

Financial Misconduct, the FCA and Coronavirus – Red Lion Chambers

Posted May 29th, 2020 in computer crime, coronavirus, financial regulation, fraud, news by sally

‘In view of the potential new financial risks posed by the Corona Virus pandemic, Cameron Brown QC and Sam Smart (Pupil Barrister) from Red Lion Chambers review the work of the FCA in tackling financial crime and the new challenges it may face.’

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Red Lion Chambers, 26th May 2020

Source: www.redlionchambers.co.uk

Sole Representative Visa: Ownership and Control – Richmond Chambers

Posted May 29th, 2020 in immigration, news, regulations, subsidiary companies, visas by sally

‘Compared to other routes under the Rules the requirements for a representative of an overseas business were relatively simple. For at least the past year, the Home Office sought to remedy this through unlawfully reading in an additional requirement: ‘genuineness’. From 4 June 2020, the Rules will be amended to explicitly refer to this requirement, by inserting the word ‘genuinely’ before listing the requirements for entry clearance.’

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Richmond Chambers, 21st May 2020

Source: immigrationbarrister.co.uk

Sole Representative Visa Route to Change from 4 June 2020 – Richmond Chambers

Posted May 29th, 2020 in immigration, news, regulations, subsidiary companies, visas by sally

‘In the Statement of Changes in Immigration Rules presented to Parliament in May 2020, released last week, the Secretary of State has made clear that she will significantly tighten the sole representative of an overseas business visa category from 4 June 2020.’

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Richmond Chambers, 18th May 2020

Source: immigrationbarrister.co.uk

The Coronavirus and Employers’ Liability for PPE – Part 3: Liability for Breach of Statutory Duty by Jack McCracken and Sarah Hopkinson – Ropewalk Chambers

Posted May 29th, 2020 in coronavirus, employment, health & safety, news, protective equipment, regulations, statutory duty by sally

‘In the context of an employer’s duty to provide PPE to protect against exposure to the novel coronavirus, the focus is likely to be on two sets of domestic health and safety regulations: The Personal Protective Equipment at Work Regulations 1992 (PPE Regulations), and the Control of Substances Hazardous to Health Regulations 2002 (COSHH). The application of the latter should disapply the former, but the two will be considered together.’

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Ropewalk Chambers, 6th May 2020

Source: www.ropewalk.co.uk

The Coronavirus and Employers’ Liability for PPE – Part 2: Liability at Common Law by Jack McCracken and Sarah Hopkinson – Ropewalk Chambers

Posted May 29th, 2020 in coronavirus, duty of care, employment, health & safety, news, protective equipment by sally

‘Employers owe a personal or non-delegable duty of care to their employees at common law, which extends to the provision of PPE. Neill LJ in Crouch -v- British Rail Engineering Ltd [1988] I.R.L.R. 404 said that the extent of the duty in respect of PPE would depend on:

“the risk of injury, the gravity of any injury which may result, the difficulty of providing equipment … the availability of that protective equipment … and the distance which any individual workman might have to go to fetch it, the frequency on which the [claimant] was likely to need that protective clothing or equipment and, last but not least, the experience and degree of skill to be expected of the [claimant].”’

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Ropewalk Chambers, 5th May 2020

Source: www.ropewalk.co.uk

Housing in Lockdown: Avoid the pause button – St Ives Chambers

Posted May 29th, 2020 in case management, coronavirus, housing, injunctions, landlord & tenant, news, repossession by sally

‘A review of the number ways Covid-19 can effect the progression and outcome of housing cases and how practitioners can continue to engage in effective case management during this challenging period.’

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St Ives Chambers, 19th May 2020

Source: www.stiveschambers.co.uk

Returning from lockdown – Dealing with employee complaints: whistleblowing and the Equality Act – St John’s Buildings

Posted May 29th, 2020 in complaints, coronavirus, employment, news, whistleblowers by sally

‘The country is going to start to try and emerge from the lockdown, which was imposed to try and slow the spread of coronavirus. Guidance provided on 10.05.2020 was that some employees, who cannot work from home, should go to work. Coronavirus is still with us, so the Government has produced guidance on how employers can implement social distancing measures so as to make the workplace safe for its workers. For instance, employers are told that they might consider staggering start times; providing handwashing facilities or hand sanitiser at entrances; reducing congestion by opening multiple entrances, having one-way flow, discouraging non-essential trips; or rearranging workstations. The list goes on, but there are perhaps infinite ways in which employees can be protected in any particular workplace.’

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St John's Buildings, 18th May 2020

Source: stjohnsbuildings.com

General guidance on PDF bundles – St John’s Chambers

Posted May 29th, 2020 in case management, computer programs, documents, electronic filing, news by sally

‘Mr Justice Mann, Judge in charge of Live Services, has issued guidance to judges today about PDF bundles. The guidance applies to all courts, but not to tribunals.’

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St John's Chambers, 20th May 2020

Source: www.stjohnschambers.co.uk

Ali Tabari reviews key points of the new Corporate Insolvency and Governance Bill, and sets out three key areas for litigators to start preparing for – St Philips Barristers

Posted May 29th, 2020 in bills, coronavirus, insolvency, news by sally

‘Last week saw the first reading in the House of Commons of the Corporate Insolvency and Governance Bill [“CIGB”], which is the Government’s attempt to mitigate the impact of COVID-19 on businesses which should otherwise have been viable. From a parliamentary point of view, it is still at an early stage but, given the importance and urgency of this piece of legislation, it is worth considering some of the key points which arise from a high-level overview, so that you and your clients can try to plan accordingly. Not all of the provisions will survive into the finalised Act, but early Bills are often a good indicator of the overall aims of the legislation. This article does not deal with each and every point to arise from the CIGB, which currently runs to 238 pages including 14 Schedules, but signposts the crucial areas.’

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St Philips Barristers, 25th May 2020

Source: st-philips.com

COVID-19 Guidance Tracker – Six Pump Court

Posted May 29th, 2020 in computer programs, coronavirus, legal profession, news, regulations by sally

‘The “COVID-19 Guidance Tracker” is a new resource set up by the Regulatory team at Six Pump Court which is designed to enable businesses and legal professionals to more easily navigate to the applicable COVID-19 guidance that is most relevant to their area of work.’

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Six Pump Court, May 2020

Source: www.6pumpcourt.co.uk

Promontoria (Oak) Limited v Emanuel [2020] EWHC 563 (Ch) – Tanfield Chambers

Posted May 29th, 2020 in assignment, debts, land registration, mortgages, news, repossession by sally

‘In a possession and money claim brought by the registered assignee of a legal charge, the Appeal Judge found that the Claimant was entitled to possession as the registered title holder of a legal charge, despite his allowing the Defendant’s appeal and holding that the Claimant had not proved that a valid assignment of the debt had occurred at trial.’

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Tanfield Chambers, 28th May 2020

Source: www.tanfieldchambers.co.uk