chambers articles – Page 45 – Current Awareness

Just a walk in the Park – No. 5 Chambers

Posted June 12th, 2020 in accidents, chambers articles, local government, news, personal injuries, repairs, roads, statutory interpretation by sally

‘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.’

No. 5 Chambers, 8th June 2020

Source: www.no5.com

The Coronavirus Job Retention Scheme: more holiday cancellations? – Littleton Chambers

Posted June 12th, 2020 in chambers articles, coronavirus, employment, holiday pay, holidays, news by sally

‘David Reade QC and Daniel Northall provide their fourth update on the Coronavirus Job Retention Scheme and examine the relationship between furlough and annual leave.’

Littleton Chambers, 5th June 2020

Source: littletonchambers.com

Croydon LBC v Kalonga [2020] EWHC 1353 (QB) Tipples J – Landmark Chambers

Posted June 12th, 2020 in chambers articles, forfeiture, housing, landlord & tenant, local government, news, repossession by sally

‘A flexible tenancy is a species of secure tenancy which is granted for a fixed term of at least two years (s.107A-D, Housing Act 1985). At the end of the fixed term, the landlord has a mandatory ground for possession (s.107D). During the fixed term, commentators have differed on how the landlord can terminate the tenancy. In Flexible Tenancies and Forfeiture, [2014] Journal of Housing Law 17 (Andrew Dymond), it was suggested that the tenancy needed to include a forfeiture clause and the fixed term needed to be terminated by way of forfeiture (see s.82(3), 1985 Act). By contrast, in In a Fix New Law Journal, 29 June 2012 (Jon Holbrook), it was suggested that a flexible tenancy could be determined in the same manner as a periodic secure tenancy, i.e. by the landlord obtaining and executing an order for possession.’

Landmark Chambers, 2nd June 2020

Source: www.landmarkchambers.co.uk

Special Dispensations: coronavirus puts informal wills back on the agenda – Hardwicke Chambers

Posted June 12th, 2020 in chambers articles, coronavirus, news, probate, wills by sally

‘The exigencies of the coronavirus pandemic, which has led to a high demand for will writing services, and the challenges of meeting that demand whilst observing social distancing, have brought the issue of will reform into sharp focus. At a time when technology provides a solution to so many of the problems that we currently face, the insistence on wet ink and the physical presence of witnesses for the making of a valid will appears increasingly archaic. Citing the dignity and peace of mind that putting one’s affairs in order brings and the urgent need people have to make provision for those they may leave behind, Gina Miller and Baroness Helena Kennedy QC have this month called on the government to extend the provisions relating to privileged (wartime) wills to the current situation so as to allow purely oral testamentary statements to be admitted to probate.’

Hardwicke Chambers, 3rd June 2020

Source: hardwicke.co.uk

Does the Buck Stop? Legal Liability for Death from Covid-19 – Garden Court Chambers

Posted June 12th, 2020 in care homes, chambers articles, coronavirus, duty of care, government departments, health, health & safety, inquiries, news by sally

‘“If the government were an employee of mine I would have sacked them for gross negligence” – so said Anita Astley, manager of Wren Hall nursing home in Nottinghamshire, where 10 residents died from Covid-19 and 48 carers caught the virus in a three week period[1]. Ms Astley’s complaint poses in stark terms a question which has been circulating since the full and devastating extent of the consequences of the pandemic have become clear: what, if any, legal liability does the state have for deaths caused by Covid-19?’

Garden Court Chambers, 9th June 2020

Source: www.gardencourtchambers.co.uk

Regulatory Update: The Tobacco Products Directive – 3PB

Posted June 12th, 2020 in chambers articles, EC law, news, practice directions, sale of goods, smoking by sally

‘The Tobacco Products Directive (2014/40/EU) (“the Directive”) came into force on 19 May 2014, becoming applicable in Member States on 20 May 2016. This article provides a brief update on UK product regulation law as applicable from 20 May 2020.’

3PB, 4th June 2020

Source: www.3pb.co.uk

Protesting During a Pandemic: What Are Your Rights? – 3PB

Posted June 12th, 2020 in chambers articles, coronavirus, demonstrations, human rights, news, police, race discrimination, racism, stop and search by sally

‘The general rule is that everyone has the right to associate with others and to gather together for a common purpose. Article 11 of the ECHR safeguards our right to peaceful assembly and is one of the foundations of a democratic society. This means that the State cannot interfere with your right to join a peaceful assembly and protest, even if the protest is against the State itself, or simply because the protest might cause inconvenience or lead to heated debate and tension. Article 11 does not safeguard intentionally violent protests; the State can interfere where a protest turns violent.’

3PB, 4th June 2020

Source: www.3pb.co.uk

Guidance from the High Court on adjournments in care proceedings during the COVID-19 pandemic (A Local Authority v Mother and Ors) – 1 GC: Family Law

Posted June 12th, 2020 in adjournment, care orders, chambers articles, children, coronavirus, expert witnesses, families, family courts, news, remote hearings by sally

‘Liz Andrews, barrister at 1|GC Family Law reviews the judgment in A Local Authority v The Mother and others where Williams J was required to determine, in light of the guidance of the President of the Family Division alongside the recent decisions concerning adjournments during the coronavirus (COVID-19) pandemic, whether a fact-finding hearing taking place within long-running care proceedings was to continue following the conclusion of expert evidence and, if so, in what form, or whether the hearing should be adjourned to allow the lay parties to give evidence in person.’

1 GC: Family Law, 5th June 2020

Source: 1gc.com

Detention, Damages and Draft Remedial Orders: a look at the Strasbourg case law behind the proposal to amend the Human Rights Act – UK Human Rights Act

Posted June 12th, 2020 in chambers articles, damages, detention, human rights, news, ultra vires by sally

‘When a provision of legislation is held to be incompatible with a Convention right, a Minister of the Crown “may by order make such amendments to the primary legislation as he considers necessary”. This power to take remedial action, contained within section 10 of the Human Rights Act (HRA), applies when a domestic court finds an incompatibility with the European Convention on Human Rights (ECHR), and also when the Minister considers a provision of legislation incompatible with the Convention “having regard to a finding of the European Court of Human Rights” (ECtHR). A recent draft remedial order laid before Parliament aims to remedy an incompatibility of the latter kind, following the ECtHR’s judgment in Hammerton v United Kingdom no. 6287/10 ECHR 2016. The draft remedial order is of particular interest because it purports to amend the Human Rights Act itself.’

UK Human Rights Act, 11th June 2020

Source: ukhumanrightsblog.com

Adding Allegations to a Clinical Negligence Claim: a brief summary of Mangala Janakarajah v (1) Oxford University Hospitals NHS Trust (2) Mario Petrou [2020)] QBD (Soole J) 03/06/2020 – Parklane Plowden Chambers

Posted June 12th, 2020 in amendments, chambers articles, civil procedure rules, damages, hospitals, limitations, negligence, news by sally

‘In clinical negligence cases things change. That’s often because new expert evidence, witness evidence, or medical records come to light. So, when can you add to your existing case?’

Parklane Plowden Chambers, 5th June 2020

Source: www.parklaneplowden.co.uk

Frustrated by COVID-19? Tell that to your contract – No. 5 Chambers

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

‘The law of frustration has reared its head at some memorable moments in British history: King Edward VII’s cancelled coronation; the First World War; the Second World War; and Brexit. Will the COVID-19 pandemic join this list?’

No. 5 Chambers, 3rd June 2020

Source: www.no5.com

A Local Authority v AG [2020] WLR(D) 201, [2020] EWFC 18 and A Local Authority v AG (No 2) [2020] EWHC 1346 (Fam) – Parklane Plowden Chambers

Posted June 11th, 2020 in chambers articles, children, diplomats, human rights, immunity, news by sally

‘Jo Delahunty QC has recently acted for the children in an ongoing case involving diplomatic immunity and child protection matters. In this article one of our current pupils, Hannah Whitehouse, summarises the judgments of Mr Justice Mostyn in A Local Authority v AG [2020] WLR(D) 201, [2020] EWFC 18 and A Local Authority v AG (No 2) [2020] EWHC 1346 (Fam) which grapple with the interplay between Part IV of the Children Act 1989 and the seemingly conflicting duties imposed by the Vienna Convention 1961 and the European Convention on Human Rights 1950 in decisions which are likely to be significant and have wide-reaching implications.’

Parklane Plowden Chambers, 3rd June 2020

Source: www.parklaneplowden.co.uk

Business Immigration: Coronavirus and the Concession for Entrepreneurs – Garden Court Chambers

Posted June 10th, 2020 in chambers articles, coronavirus, employment, immigration, interpretation, news by sally

‘The Entrepreneur route has always provided more than its fair share of interpretative challenges to business people and their lawyers alike. And it looks like the Covid-19 concession announced for those still in the route (it was replaced for new applicants by the Innovator option in Spring 2019) is no different.’

Garden Court Chambers, 5th June 2020

Source: www.gardencourtchambers.co.uk

I do declare! Could a test case on remote witnessing wills be brought before death? – Hardwick Chambers

Posted June 10th, 2020 in chambers articles, coronavirus, executors, news, wills by sally

‘In this post, I address the question of whether or not a test case on remote witnessing could be brought now by a testator who has attempted to make a will using videoconferencing technology.’

Hardwicke Chambers, 1st June 2020

Source: hardwicke.co.uk

The Children’s Guardian – should they ever be removed from or replaced in family proceedings? – KCH Garden Sq

Posted June 10th, 2020 in care orders, chambers articles, children, families, guardianship, news by sally

‘IIt is not uncommon for parents in family proceedings to allege that the children’s guardian (guardian) is biased against them, for a variety of reasons. They may suggest that the guardian has taken against them or will not listen, or simply doesn’t believe them. With careful client management this can usually be handled and advised upon.’

KCH Garden Sq, 9th June 2020

Source: kchgardensquare.co.uk

Commercial Court dislikes pre-action disclosure in prof neg claims: even in mega-auditor’s negligence action – Hailsham Chambers

Posted June 10th, 2020 in auditors, chambers articles, Commercial Court, disclosure, insolvency, liquidators, negligence, news, pre-action conduct, professional conduct by sally

‘In Carillion v KPMG, the liquidators of this once substantial company sought pre-action disclosure from its former auditors. They intend to bring professional negligence proceedings for not detecting that the financial statements were unreliable. The Commercial Court refused the application. One might think that given auditors’ negligence claims in large part turn on professional judgment as to the audit procedures performed, the evidence obtained and the conclusions drawn, clear sight of the materials produced and relied on by the auditors would enable better focussed pleadings. Nonetheless the Commercial Court refused the application (which had admittedly spun into a substantial hearing with apparently more than £500,000 costs on each side). It pointed out that generally such applications were unlikely to succeed in Commercial Court cases and on the facts was not appropriate. The Judge seems to have been most impressed by the fact that Carillion had been able to articulate a detailed case in negligence already, rendering pre-action disclosure perhaps redundant and likely to be duplicated when it came to conventional disclosure.’

Hailsham Chambers, June 2020

Source: www.hailshamchambers.com

Can a clinical negligence trial be heard remotely? – UK Human Rights Blog

Posted June 10th, 2020 in chambers articles, coronavirus, hospitals, negligence, news, remote hearings by sally

‘Since lockdown the courts (and legal representatives) have been striving to hold remote hearings where possible. This had led to a flurry of new guidance (see for example CPR section AA Guidance for Queen’s Bench Division Court Users) — and the ability to view bookshelves in the studies of judges and legal representatives.’

UK Human Rights Blog, 9th June 2020

Source: ukhumanrightsblog.com

The Return of English Football: Project Restart and the Duty of Utmost Good Faith – Littleton Chambers

Posted June 10th, 2020 in chambers articles, coronavirus, news, sport by sally

‘Ashley Cukier and Anirudh Mathur explore the duty of “utmost good faith” in the context of the PL and EFL Rules.’

Littleton Chambers, 4th June 2020

Source: littletonchambers.com

COVID-19, Risk Assessments and Implementing Health and Safety Measures for a Return to Work – Thomas More Chambers

Posted June 10th, 2020 in chambers articles, coronavirus, duty of care, employment, health & safety, news by sally

‘On 10 May 2020, the Prime Minister announced changes in the Government’s guidance on working. All employees and workers who could work from home should continue to do so, but those who could not should return to their workplace.’

Thomas More Chambers, 8th June 2020

Source: www.thomasmore.co.uk

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