Good faith: Is English law swimming against the international tide? – The 36 Group

Posted May 11th, 2020 in chambers articles, contracts, news by sally

‘The general obligation of good faith in the performance of contractual obligations is widely recognised and accepted overseas both in civil law jurisdictions and also now in most common law jurisdictions.’

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The 36 Group, 1st May 2020

Source: 36group.co.uk

Have you just unreasonably refused to mediate? – 33 Bedford Row

Posted May 11th, 2020 in chambers articles, dispute resolution, news by sally

‘If a party is a signatory to a pre-existing dispute clause, that will normally be binding upon them save for specific circumstances outside the scope of this article. Our present focus is where disputants are not bound to mediate, but one side proposes mediation.’

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33 Bedford Row, 30th April 2020

Source: www.33bedfordrow.co.uk

No vicarious liability for a ‘personal vendetta’: WM Morrisons Supermarkets plc (Appellant) v Various Claimants (Respondents) – [2020] UKSC 12 – 3PB

‘Morrisons, the Appellant by the time this case reached the Supreme Court, are, of course, a well-known national chain of supermarkets. The Respondents in this case were approximately 9,000 employees or former employees of Morrisons.’

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3PB, May 2020

Source: www.3pb.co.uk

Stay? Maybe Stayed? No Stay? – 4-5 Gray’s Inn Square

‘Without, hopefully, being too flippant, the above are, essentially, the questions that the Court of Appeal will be considering tomorrow in relation to Practice Direction 51Z, in Arkin v Marshall.’

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4-5 Gray's Inn Square, 29th April 2020

Source: www.4-5.co.uk

Home Office’s denial of benefits to migrant families unlawful, court rules – The Guardian

‘Lawyers for an eight-year-old British boy have won a ruling that a Home Office policy denying families like his access to the welfare safety net is unlawful.’

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The Guardian, 7th May 2020

Source: www.theguardian.com

Plans for early prisoner release shelved by government – BBC News

Posted May 11th, 2020 in coronavirus, early release, news, prisons, statistics by sally

‘Proposals to release some offenders from prison earlier than planned have been shelved by the government.’

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BBC News, 10th May 2020

Source: www.bbc.co.uk

Child Protocol in Criminal Cases – Garden Court Chambers

‘The impact of COVID-19 and the guidance from Government to take all precautions to avoid unnecessary contact, has seen understandable and unprecedented changes to the justice system. The Lord Chief Justice has announced that, where possible, criminal hearings should take place remotely and no new jury trials can begin, causing all future trials to be postponed.’

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Garden Court Chambers, 5th May 2020

Source: www.gardencourtchambers.co.uk

Surge in stalking victims seeking help during UK lockdown – The Guardian

Posted May 11th, 2020 in coronavirus, harassment, internet, news, police, stalking, statistics by sally

‘Stalking support services and police forces have recorded a surge in perpetrators turning to online tactics to harass their victims during the coronavirus lockdown.’

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The Guardian, 8th May 2020

Source: www.theguardian.com

Coronavirus: Young offenders out of cells for 40 minutes a day – BBC News

‘Children at a young offenders institution have been let out of their cells for only 40 minutes a day due to coronavirus, a report has revealed.’

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BBC News, 7th May 2020

Source: www.bbc.co.uk

Coronavirus Act 2020: Does it permit mandatory vaccinations? – Garden Court Chambers

‘There are multiple human rights and civil liberties implications both globally and domestically arising from the response to COVID-19 and the current crisis. Some of them are very real and concerning. Others are scaremongering and simply not true.’

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Garden Court Chambers, 1st May 2020

Source: www.gardencourtchambers.co.uk

Interactive remote ADR: the flexible route around the ongoing court logjam – Hardwicke Chambers

‘It’s a welcome development, recently announced in the Law Gazette, that ABI members and various claimant firms have already signed up to an ongoing protocol adding flexibility to the way claims are handled at this time. A similar agreement has been made between the Association of Personal Injury Lawyers and Forum of Insurance Lawyers.’

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Hardwicke Chambers, 29th April 2020

Source: hardwicke.co.uk

Guy Delph: ‘Manipulative’ child rapist jailed for life – BBC News

‘A “manipulative” child rapist who shared his abuse images with his uncle has been given a life sentence.’

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BBC News, 7th May 2020

Source: www.bbc.co.uk

Police urged to justify use of stun guns against black men – The Guardian

‘The Metropolitan police and the Greater Manchester force have been urged to make clear whether or not the use of stun guns against black men by officers this week was proportionate and reasonable.’

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The Guardian, 10th May 2020

Source: www.theguardian.com

Homelessness Law and Practice: Coronavirus Update – 4-5 Gray’s Inn Square

Posted May 7th, 2020 in chambers articles, coronavirus, homelessness, news by sally

‘Though there is little firm evidence of the extent of the impact of the Covid-19 pandemic on the homeless population or the effectiveness of measures adopted by the government to mitigate that impact, it is clear that the crisis poses unique and urgent risks to this part of society. The Housing, Communities, and Local Government Committee has launched an inquiry into this issue which will meet for the first time next week, and it is more than likely that we will see more changes to this fast-developing area in the weeks and months to come.’

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4-5 Gray's Inn Square, 6th May 2020

Source: www.4-5.co.uk

Children in prison during the COVID-19 pandemic – practitioners guides – Garden Court Chambers

Posted May 7th, 2020 in chambers articles, children, coronavirus, detention, news by sally

‘Kate Aubrey-Johnson of the Garden Court Criminal Defence Team and Dr Laura Janes of The Howard League for Penal Reform, have prepared a practitioner’s guide on ending the detention of children during the COVID-19 lockdown period.’

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Garden Court Chambers, 1st May 2020

Source: www.gardencourtchambers.co.uk

New judgment: Duval v 11-13 Randolph Crescent Ltd [2020 UKSC 18] – UKSC Blog

Posted May 7th, 2020 in covenants, landlord & tenant, leases, news, Supreme Court by sally

‘Two of the leases of 11-13 Randolph Crescent are held by the respondent, Dr Duval and a third lease Is held by Ms Martha Winfield. Each lease contains a covenant, clause 2.6, which prevents the lessee from making any alteration or improvement in, or addition to, the premises demised by the lease without the prior consent of the landlord. Each lease contains an absolute covenant, clause 2.7, which prevents the lessee from cutting into any roofs, walls, ceilings or service media. Clause 3.19 requires the landlord to enforce, at the request and cost of the lessee, certain covenants in the leases held by other lessees, including any covenant of a similar nature to clause 2.7. Mrs Winfield sought a licence from the landlord to carry out works to her flat which the landlord granted, subject to Mrs Winfield securing adequate insurance. Dr Duval then issued proceedings against the landlord seeking a declaration that the landlord did not possess the power to permit Mrs Winfield to act in breach of clause 2.7 of her lease. The landlord appealed to the Supreme Court.’

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UKSC Blog, 6th May 2020

Source: ukscblog.com

Jurisdiction of the court as well as the adjudicator under scrutiny – Hardwicke Chambers

‘Waksman J was asked by a contractor, Flexidig, to enforce an adjudicator’s decision ordering payment against its employer, M&M. Flexidig had been appointed by M&M to carry out civil works associated with the installation of new Virgin Media underground infrastructure in Lough, Lincolnshire.’

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Hardwicke Chambers, 29th April 2020

Source: hardwicke.co.uk

Patents – Akebia Therapeutics Inc v Fibrogen, Inc – NIPC Law

Posted May 7th, 2020 in medicines, news, patents by sally

‘This was a claim by Akebia Therapeutics Inc.(“Akebia”) and Otsuka Pharmaceutical Co. Ltd. (“Otsuka”) to revoke 6 patents held by FibroGen Inc. (“FibroGen”). The reason why they sought the revocation of those patents is that they wished to market their own product vadadustat. FibroGen’s exclusive licensee, Astellas Pharma Inc (“Astellas”) brought quia timet infringement proceedings against Akebia, Otsuka and FibroGen. The proceedings came on before Lord Justice Arnold between 2 and 19 March 2020. His lordship delivered judgment on 20 April 2020.’

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NIPC Law, 5th May 2020

Source: nipclaw.blogspot.com

Claims by clubs in the event of a cancelled season – Littleton Chambers

‘In this short piece, Andrew Nixon and Alex Harvey of Sheridans Sports Group, and David Reade QC and Nick Siddall QC of the Littleton Sports Group consider some of the potential claims which may arise from league seasons being cancelled, with a particular focus on the Premier League. The authors also look at how any losses may be assessed.’

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Littleton Chambers, 7th May 2020

Source: littletonchambers.com

Benefits of ADR (and risks of refusing) – Park Square Barristers

Posted May 7th, 2020 in chambers articles, dispute resolution, news by sally

‘Most litigators will have seen the standard directions order requiring parties to consider alternative dispute resolution as a means of resolving their case. Most will also appreciate the potential cost consequences of unreasonably refusing to engage in ADR. Despite this, it is not uncommon for one party to refuse to engage in any form of ADR due to the perception that it has a strong case.’

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Park Square Barristers, 6th May 2020

Source: www.parksquarebarristers.co.uk