Paul v Royal Wolverhampton NHS Trust [2020] EWHC 1415 (QB): A glimmer of hope for secondary victims? – St Philips Chambers

‘The law relating to secondary victims, who suffer psychiatric injury as a result of witnessing a shocking event, has long been an area of contention.’

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St Philips Chambers, 8th June 2020

Source: st-philips.com

EHRC reports on inclusive justice – UK Human Rights Blog

‘Ten years after the Equality Act came into force, the Equality and Human Rights Commission (EHRC) have published their findings and recommendations in a report entitled “Inclusive Justice: a system designed for all”. Although the report recognises where progress has been made, it also identifies very significant problems.’

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UK Human Rights Blog, 16th June 2020

Source: ukhumanrightsblog.com

Vulnerable parties and witnesses in employment tribunal proceedings – 12 King’s Bench Walk

‘The first Presidential Guidance on vulnerable parties and witnesses in employment tribunal proceedings was issued this April. Key parts of the guidance deal with (i) identifying when a participant is vulnerable, and (ii) case management: directions and orders.’

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12 King's Bench Walk, 9th June 2020

Source: www.12kbw.co.uk

Where are my black sisters? The intersection of religion, race and gender in the AAP legal community – Garden Court North Chambers

‘I am a hijabi (head-scarf wearing Muslim) Palestinian-British lawyer who has worked in the progressive Inquests/Actions Against the Police (AAP) field for the past 7 years. I started out as a paralegal, became a solicitor and am now a pupil barrister. I have met, or know of, many of the lawyers whose talent and (often unpaid) hard work props up this niche but vital corner of the legal system. Working as an AAP lawyer is beyond rewarding and the people you get to meet, clients and colleagues, are inspiring. As a hijabi AAP lawyer, this area can also be isolating and unwelcoming at times.’

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Garden Court North Chambers, 15th June 2020

Source: gcnchambers.co.uk

Football in the time of COVID-19: lessons to be learned from the recent decision in South Shields FC v The FA – Sports Law Bulletin from Blackstone Chambers

Posted June 17th, 2020 in chambers articles, coronavirus, news, sport by sally

‘A distinguished arbitral panel, chaired by Lord Dyson with Charles Flint QC and Andrew Green QC, recently delivered its award in the case of South Shields Football Club 1888 Limited v The Football Association Limited. The decision, which considered The FA’s powers to bring the 2019/20 football season to an end for Steps 3 to 7 of the NLS, in light of the coronavirus pandemic, is one of the first to examine the scope of regulatory decision-making in the field of sport in the wake of the current global health crisis. Nick De Marco QC discusses the case.’

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Sports Law Bulletin from Blackstone Chambers, 12th June 2020

Source: www.sportslawbulletin.org

Successful Legal Challenge to Leeds Site Allocations Plan – Landmark Chambers

Posted June 16th, 2020 in chambers articles, housing, news, planning, reasons by sally

‘In a successful challenge to the adoption of a development plan, Mrs Justice Lieven has ruled that the large number of Green Belt allocations in the adopted Leeds Site Allocations Plan (SAP) are legally flawed due to inadequate reasons causing prejudice to the Claimant and an error of fact amounting to an error of law. The Council was also found to have breached the Strategic Environment Assessment Regulations by failing to consider and consult upon a ‘reasonable alternative’ to the strategy of continuing with the SAP in materially changed circumstances. However, in relation to that latter point, relief was not granted due to the Court finding that it was an error that would not have made any difference to the outcome.’

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Landmark Chambers, 8th June 2020

Source: www.landmarkchambers.co.uk

The price of an unreasonable refusal to engage: ADR, Litigation and cost consequences – 3PB

‘The touchstone of all ADR procedures is that parties enter into them voluntarily. However, there is an increasing body of case law in the English courts that suggests mediation should be seriously considered:

a. before litigation is entered into. Failure to do so may result in adverse or impacted
costs for a client, even if successful; and

b. in the course of litigation (instigated by the parties and increasingly with court
directions) an unreasonable refusal of a request to mediate may have bearing on
Part 36 offers and costs.

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3PB, 8th June 2020

Source: www.3pb.co.uk

Termination of a Code Agreement by Operators – Falcon Chambers

‘In this article we intend to examine the continuation of a Code agreement falling within the terms of the Electronic Communications Code (“the Code”) and the ability of an operator to terminate it permanently, such that the agreement may be treated as at an ended at the specified break date without any ongoing continuation of the operator’s contractual liability. We shall also consider the issue of renewal following termination.’

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Falcon Chambers, June 2020

Source: www.falcon-chambers.com

Turnover Rents for Retail – the Way Forward in Recession? Sharing the pain and (hopefully) the gain – Falcon Chambers

Posted June 15th, 2020 in chambers articles, coronavirus, landlord & tenant, news, rent by sally

‘Some legal property commentators have been wondering how a commercial open market rent can be set for business premises when the relevant valuation date falls during the lockdown period or will arrive in coming months. They bemoan the likely lack of comparables and wring their hands. Personally, I have great faith in the skillset of expert valuers’ to meet this particular challenge. However, for my part, the true question is whether such commentators are actually looking at matters through the right end of the telescope?’

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Falcon Chambers, May 2020

Source: www.falcon-chambers.com

M v M – more than just costs by Nick Power – Broadway House Chambers

‘The recent flurry of legal observers commenting on the eye-watering and disproportionate costs incurred in this case such that out of £630,000 liquid capital, £594,000 had been spent on costs has justifiably attracted much attention. There is however, within this case, an incredibly helpful analysis for practitioners as to when, and in what manner, the court can have regard to family support which may be available in the future for the parties.’

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Broadway House Chambers, 10th June 2020

Source: broadwayhouse.co.uk

Pensions in Needs-Based Financial Remedy Proceedings – Becket Chambers

‘The issue of pensions in financial remedy proceedings is a complex area and has been subject to much change over the years. As many of you will be aware, the Pension Advisory Group (“PAG”) published a comprehensive report, “A Guide to the Treatment of Pensions on Divorce” in July 2019. It was a much-welcomed publication that provided definitive guidance on the approach to pensions in financial remedy proceedings.’

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Becket Chamber, 11th June 2020

Source: becket-chambers.co.uk

Mediation – Don’t panic in the Pandemic – be prepared – 4-5 Gray’s Inn Square

‘The coronavirus pandemic and the current and continuing lockdown imposed by government has led to a number of consequences for the resolution of commercial disputes, and the administration of justice. First is where trials are being adjourned to uncertain dates, currently unable to take place due to the inability or unwillingness of people to attend court. Second is what is going to happen when the lockdown is eased or lifted, and disputes, which have been building up in the normal course, enter the system creating a backlog. Judges are understandably concerned that the courts and arbitral tribunals could face and potentially be overwhelmed by a wave of commercial cases. A number of these disputes will have arisen due to the parties’ inability to honour their contractual obligations due to the lockdown with complicated issues of law as to the remedies available.’

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4-5 Gray's Inn Square, 8th June 2020

Source: www.4-5.co.uk

Alexandra Wilson discusses how we can tip the balance within the legal profession: we need to reflect that Black lives matter – 5SAH

‘The Black Lives Matter movement (BLM), a global organisation in the UK, US and Canada, was founded in 2013 in response to the death of Trayvon Martin and the acquittal of the man that shot him. BLM connects people from all over the world who want justice and seek to put an end to state violence against Black people.’

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5SAH, 12th June 2020

Source: www.5sah.co.uk

Judicial early neutral evaluation during coronavirus, friend or foe? – No. 5 Chambers

‘Courts across the jurisdiction have struggled for years to run small claim and fast track lists efficiently in order to reduce the backlog. Coronavirus lockdown has brought this to a head, as cases are adjourned and the huge backlog is set to rise. Waiting several months, if not years, to have a case of modest value heard is contrary to the interests of justice. Memories fade, individuals cannot enforce their rights until the issue is litigated, the deserving go uncompensated, and the pressure to under-settle increases.’

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No. 5 Chambers, 1st June 2020

Source: www.no5.com

Ellie Mitten and Sophie Phillips discuss whether schools and universities are offering ‘reasonable’ alternatives and the meaning of the recent guidance. – Park Square Barristers

‘As the lockdown has progressed, it has become evident that the remote learning services being offered are of differing standards between institutions, with some offering services which are far superior to others. This is particularly so in the case of independent schools. Some independent schools are effectively offering pupils a full timetable, with plenty of contact time with teachers and opportunities to review work and consolidate learning. In contrast, other schools are offering little to no contact time with teachers – disseminating worksheets or PowerPoint presentations, but expecting parents to supervise and effectively teach topics, or for the child to be able to learn independently.’

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Park Square Barristers, 4th June 2020

Source: www.parksquarebarristers.co.uk

Safe workplaces and the commute to work – how far does section 44 of the Employment Rights Act 1996 go? – Six Pump Court

‘On 11 May 2020, the Government published practical Guidance[1] in a bid to encourage workplaces to be made as safe as possible for returning employees during the Covid-19 pandemic. Whilst the Guidance has been developed in consultation with unions and industry bodies, there still exists the very real possibility that employees do not have sufficient confidence that their workplaces are, in fact, ‘Covid-19 secure’ and consider that by returning, they have been subjected to a detriment by their employer.’

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Six Pump Court, 9th June 2020

Source: www.6pumpcourt.co.uk

Family Law Newsletter #33 – Spire Barristers

Posted June 12th, 2020 in chambers articles, families, news by sally

‘Issue #33 of Spire Barristers’ Family Law Newsletter: edited by Connie Purdy and Taz Irshad; news and Case Reviews by Georgina Dalton. Georgina commences pupillage at Spire Barristers in September 2020.’

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Spire Barristers, 2nd June 2020

Source: spirebarristers.co.uk

COVID-19 Topics: The Basics of Individual Insolvency – Thomas More Chambers

Posted June 12th, 2020 in bankruptcy, chambers articles, coronavirus, debts, insolvency, news by sally

‘Beyond the medical and physical toll that Covid-19 is taking on sufferers and their families, the economic crisis with lockdown is also expected to lead to a surge in corporate and individual insolvencies. Individuals in particular are likely to be unfamiliar with their options when facing insolvency and with the procedures that aim to balance the twin goals of granting individuals relief from their debt whilst fairly distributing the individual’s assets to creditors.’

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Thomas More Chambers, 29th May 2020

Source: www.thomasmore.co.uk

Vulnerability vs. Disability: McMahon v Watford BC [2020] EWCA Civ 497; [2020] 4 WLUK 99, a sensible clarification – St Ives Chambers

‘This case determines, definitively, that a thorough vulnerability assessment with an acknowledgement of a consideration of the Public Sector Equality Duty (‘PSED’) can satisfy the statutory duty pursuant to section 149 of the Equality Act 2010. No further assessment is automatically required.’

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St Ives Chambers, June 2020

Source: www.stiveschambers.co.uk

Just a walk in the Park – No. 5 Chambers

‘The interplay of cases and statutes including some from the last century hardly makes for exciting bedtime reading but Barlow v Wigan MBC is an important decision for those who suffer injury as a result of a highway defect particularly if they are walking on a path in a park established many years ago. It is also a tribute to solicitors and counsel who pursue such claims with dogged determination, and in the case of those acting for Claimants, at a risk if the claim is unsuccessful of receiving no payment in return.’

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No. 5 Chambers, 8th June 2020

Source: www.no5.com