Returning to work during Covid-19: safety concerns and protections for employees – 1MCB Chambers

Posted June 5th, 2020 in chambers articles, coronavirus, employment, health, health & safety, news by sally

‘In this blog, employment barristers Michael Sprack and Amrit Bachu identify the obligations on employers to ensure the safety of their workers, particularly workers returning to work during Covid-19, and consider practical steps that workers can take.’

Full Story

1MCB Chambers, 19th May 2020

Source: 1mcb.com

Post-termination Restrictive Covenants & Constructive Dismissal – Square Global Limited v Leonard [2020] EWHC 1008 (QB) – 3PB

‘Mr Leonard was recruited as a Broker by Square Global Limited (“Square”) in February 2015. He resigned summarily on 11 November 2019. For around seven months prior to his resignation, Mr Leonard had been in discussions with a rival financial services business, Market Securities, about leaving Square and joining them instead.’

Full Story

3PB, 2nd June 2020

Source: www.3pb.co.uk

No well-tuned cymbal: fairness in judges – UK Human Rights Blog

Posted June 5th, 2020 in appeals, chambers articles, defamation, judges, media, news, retrials, Supreme Court by sally

‘This is, to say the least, a rather unfortunate saga. The Claimant, Mr Serafin, brought a defamation claim against a Polish newspaper run by the Defendants. An article had alleged various things including that he was financially untrustworthy and was dishonest in his dealings with women. At trial before Jay J, he represented himself. He was comprehensively disbelieved by the judge. His claim was dismissed, in most cases because the judge found that the article was accurate, but in some instances because the defendants had a public interest defence under s. 4 Defamation Act 2013.’

Full Story

UK Human Rights Blog, 4th June 2020

Source: ukhumanrightsblog.com

Dishonesty? Ghosh, Ivey got a surprise for you! (R v Barton) – 5SAH

Posted June 5th, 2020 in appeals, chambers articles, criminal justice, deceit, news, Supreme Court by sally

‘The Court of Appeal affirmed in the case of R v Barton that the test for dishonesty to be used in criminal proceedings is that set out in obiter dicta by the Supreme Court in Ivey v Genting Casinos UK (t/a Cockfords Club), expressly overruling the two-stage test set out in R v Ghosh. Modifying (albeit to a limited extent) the principle of stare decisis, the court held that, in limited circumstances, where the Supreme Court directs, obiter dicta, that an otherwise binding decision of the Court of Appeal should no longer be followed and proposes an alternative test that it says must be adopted, the Court of Appeal is bound to follow that direction. The test in Ivey ensures dishonesty is objectively assessed by reference to society’s standards, rather than the defendant’s own understanding of what is dishonest. This resolves the problematic second limb of the Ghosh test.’

Full Story

5SAH, 18th May 2020

Source: www.5sah.co.uk

Changing contractual terms (or not!) in a TUPE Transfer – Ferguson and ors v Astrea Asset Management Ltd [2020] UKEAT0139/19 – 3PB

‘This was EAT decision involving 4 individuals – Mr F, Mr K, Mr L and Mr P. They were all directors of Lancer; Mr F and Mr K were employees of that company, and Mr L and Mr P were employed by companies which contracted their services to Lancer.’

Full Story

3PB, 2nd June 2020

Source: www.3pb.co.uk

The new Immigration Bill-could it cause another Windrush Scandal? – Doughty Street Chambers

Posted June 5th, 2020 in bills, brexit, chambers articles, immigration, news by sally

‘This week the House of Commons heard the second reading of the Immigration and Social Security Co-ordination (EU Withdrawal) Bill 2020 (the Immigration Bill), and given the Government’s majority it is likely to become law unamended. The Explanatory Notes of the Bill set out inter alia the Government’s intention to deliver, following the end of EU free movement, a “new points-based immigration system to attract the brightest and best talent from around the world” from 1st January 2021. On the face of it, this is a legitimate aim, but what could be the possible implications for immigrants currently living and working in the UK? An important report that understandably did not receive much media attention when it was published on the 19th March 2020, is the Windrush, Lessons Learned Review (the Review), the independent assessment of the events leading up to the Windrush Scandal. One needs to recollect that, as the Review notes, the Windrush Scandal affected “hundreds, and possibly thousands of people, directly or indirectly”, including at least 83 people who were unlawfully removed. Many of those affected were working in so-called lower-skilled occupations, in the NHS, in public transport and in adult social care. The Review provides 30 recommendations for change and improvement within the Home Office in order to avoid a repetition of the Windrush Scandal, which it recommends should be implemented in full. A formal response to the Review, including the recommendations, was accepted by the Home Secretary to be given within six months, including the asking of “difficult questions needed to ensure that these circumstances can never arise again”.’

Full Story

Doughty Street Chambers, 27th May 2020

Source: insights.doughtystreet.co.uk

Changes to terms and conditions; Individual and Collective Redundancy Consultation – 3PB

‘With employees starting to return to work (be that on a part-time basis or otherwise) and employers continuing to assess the viability of their businesses as going concerns, how might employers make changes to an employees’ contractual terms lawfully in order to avoid redundancies, for instance agreeing a reduction in wages?’

Full Story

3PB, 2nd June 2020

Source: www.3pb.co.uk

Compulsory Purchase in the time of Coronavirus – an update – 4-5 Gray’s Inn Square

Posted June 4th, 2020 in chambers articles, compulsory purchase, coronavirus, news by sally

‘The guidance is aimed at acquiring authorities. However, it is equally important for those on the other side to know the changing expectations. The most notable change is in respect of forthcoming Compulsory Purchase Orders (‘CPOs’). This article provides a summary of and commentary on the latest guidance.’

Full Story

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

Source: www.4-5.co.uk

COVID-19 and Insolvency Law: Key Implications of th – 3 Hare Court

Posted June 4th, 2020 in bills, chambers articles, coronavirus, insolvency, news by sally

‘The COVID-19 pandemic has caused unprecedented disruption to the economy and to businesses, many of whom are now facing significant financial difficulty. The Government presented the Corporate Insolvency and Governance Bill to Parliament on 20 May 2020 (“the Bill”). The Bill includes several provisions designed to guard against a deluge of insolvencies during this period and, if enacted, will operate retrospectively.’

Full Story

3 Hare Court, 2nd June 2020

Source: www.3harecourt.com

Parenting Plans & Child Arrangements Orders: Maria Scotland & Gemma Lindfield – 5SAH

Posted June 4th, 2020 in chambers articles, children, divorce, families, news by sally

‘When the family breaks down and there are children, whether the parents are married or not, the parents are advised to try to reach an agreement on where the children will live: whether they will live with one parent and spend time with the other parent or else share their time between their separated parents’ homes. Older children are often able to make decisions for themselves or make arrangements to go between homes themselves once their parents live apart – so called “voting with their feet”. Younger children and babies cannot and they need their parents to make arrangements in their best interests for them. These parents are advised to try and reach an agreement in writing, called a “parenting plan”.’

Full Story

5SAH, 28th May 2020

Source: www.5sah.co.uk

Products in a Pandemic: Liability for Medical Products and the Fight against COVID-19 – 11KBW

Posted June 4th, 2020 in chambers articles, coronavirus, medicines, news by sally

‘Marcus Pilgerstorfer QC has co-authored an article considering liability issues arising in relation to the production of medical products in response to the coronavirus pandemic.’

Full Story

11KBW, 21st May 2020

Source: www.11kbw.com

The government has failed care home residents – Doughty Street Chambers

Posted June 4th, 2020 in care homes, chambers articles, coronavirus, news by sally

‘This piece analyses the UK government’s performance against ten policy objectives published by WHO Europe. It seeks to shed light on why there have been an estimated 22,000 ‘excess deaths’ in care homes, and why it is still not too late for the government to act.’

Full Story

Doughty Street Chambers, 1st June 2020

Source: insights.doughtystreet.co.uk

Business rates relief: an empty promise? – Falcon Chambers

Posted June 4th, 2020 in chambers articles, coronavirus, landlord & tenant, news, rates by sally

‘Even before the current Covid-19 outbreak, non-domestic rates were a critical concern for landlords and tenants of business premises alike. This crisis, and subsequent lockdown, has provoked even closer focus on the issue, and led to some major changes to the rates regime.’

Full Story

Falcon Chambers, May 2020

Source: www.falcon-chambers.com

36 Emergency Powers Group Newsletter – The 36 Group

‘1. Knowing Your R’s from Your Elbow: Wrongful Convictions in the Time of Coronavirus – Arthur Kendrick & Tom Parker
2. “Repugnant to Ordinary Notions of Fairness”? The Burden of Proof in the ‘Leaving Home’ Offence – Catherine Rose
3. Beyond the Emergency Legislation: Offences of Deliberate Infection – Michael Haggar
4. To Derogate or Not to Derogate: Are the Lockdown Restrictions Compatible with the European Convention on Human Rights? – Nadeem Holland
5. Landlord and Tenant Rights in the Pandemic – Karen Reid
6. Immigration Appeals in the Age of Corona – Tom Wilding’

Full Story

The 36 Group, 2nd June 2020

Source: 36group.co.uk

Recent Cases on the Law of an Arbitration Agreement and Anti-Suit Injunctions – 39 Essex Chambers

Posted June 3rd, 2020 in arbitration, chambers articles, injunctions, news, podcasts by sally

‘In this podcast, Niraj Modha considers two recent decisions: Enka v Chubb [2020] EWCA Civ 574 and Times Trading Corporation v National Bank of Fujairah [2020] EWHC 1078 (Comm).’

Full Story

39 Essex Chambers, 1st June 2020

Source: www.39essex.com

Covid-19 Update: CPR PD51Z Applies to Appeals – Becket Chambers

‘This article seeks to provide a further update from my colleague Paul Tapsell’s article on residential possession and lease forfeiture proceedings during Covid-19.’

Full Story

Becket Chambers, 1st June 2020

Source: becket-chambers.co.uk

Residential Service Charge – Time for Reform? – Becket Chambers

‘On Halloween in 2003, the Service Charge (Consultation Requirements) (England) Regulations 2003 (the “Regulations”) came into force, amending section 20 of the Landlord and Tenant Act 1985 (“LTA 1985”). This amendment set a financial limit to works carried out on a residential building, beyond which a landlord would have to consult with tenants. That threshold is £250 per tenant. The nature of the consultation is prescribed by section 20 LTA 1985.’

Full Story

Becket Chambers, 27th May 2020

Source: becket-chambers.co.uk

The New Corporate Insolvency and Governance Bill – A Summary of the Key Provisions – Radcliffe Chambers

Posted June 3rd, 2020 in bills, chambers articles, company law, coronavirus, insolvency, news by sally

‘This summary gives a short overview of the Corporate Insolvency and Governance Bill, which was first read in the House of Commons
on 20 May 2020 and is intended to proceed to the House of Lords following its final stages in the House of Commons on 3 June 2020. This Bill represents the biggest reforms to the UK’s insolvency framework since the Enterprise Act in 2002. The aim is to allow more tools to rescue struggling companies as a going concern and help more businesses weather the COVID-19 storm and avoid entering an insolvency process.’

Full Story

Radcliffe Chambers, 26th May 2020

Source: radcliffechambers.com

Don’t put it in writing! Problems in store for Local Authority Environmental Crime – St Philips Barristers

‘Joint Deputy Head of St Philips Regulatory Team, Ben Mills gives his expert analysis of Walker v Chelmsford City Council [2020] EWHC 635 (Admin) and its consideration of s108 (4) Environment Act 1995.’

Full Story

St Philips Barristers, 7th May 2020

Source: st-philips.com

R (Susan Fisher) v Durham County Council [2020] – The Interface Between Statutory Nuisance and Disability Discrimination – Francis Taylor Building

‘In his judgment in R (on the application of Susan Fisher) v. Durham County Council [2020] EWHC [2020] EWHC 1277 (Admin) handed down in the Leeds District Registry on 21 May 2020, Julian Knowles J. has dismissed a challenge brought by Susan Fisher, a woman with a neurological disorder which cases her to make involuntary sounds and noises, including words and phrases, against the decision of my client Durham County Council to serve her with a abatement notice under the Environmental Protection Act 1990 (“EPA 1990”).’

Full Story

Francis Taylor Building, 21st May 2020

Source: www.ftbchambers.co.uk