Category: chambers articles

A timely and important decision on remote hearings in the family courts – Re P: (A Child Remote Hearings) (2020) EWFC 32 – Garden Court Chambers

Posted April 24th, 2020 in care orders, chambers articles, child cruelty, children, coronavirus, families, family courts, live link evidence, news, remote hearings by sally

‘This is a serious FII case, and concerned care proceedings involving a 7 year old child. It was alleged that the mother had falsely made a number of damaging claims that her child was suffering from a myriad serious ailments and health conditions. This was all hotly disputed by the mother, so the case was fully contested. It had been fixed several months previously for a 15 days fact finding and disposal hearing before a Judge at Guildford Law Courts. Following the lockdown, the Judge had decided the case would proceed as a remote hearing using the Skype video platform.’

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Garden Court Chambers, 22nd April 2020

Source: www.gardencourtchambers.co.uk

R (Carole Smith) v HM Assistant Coroner for North West Wales: Causation, admitted failings and what to record in the Record of Inquest – Parklane Plowden

Posted April 24th, 2020 in causation, chambers articles, coroners, hospitals, inquests, judicial review, mental health, news, suicide by sally

‘On 7 April 2020, judgment was handed down in R (Carole Smith) v HM Coroner for North West Wales [2020] EWHC 781 (Admin). The case has important repercussions as to the relevance of admitted failures to Coroners’ conclusions and the extent of what should be recorded in the Record of Inquest (‘ROI’).’

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Parklane Plowden, 21st April 2020

Source: www.parklaneplowden.co.uk

Recovering Inquest Costs in Subsequent Civil Proceedings – Ropewalk Chambers

Posted April 24th, 2020 in chambers articles, civil justice, costs, inquests, negligence, news, proportionality by sally

‘The basic position is well-known: in principle, the costs of an inquest are recoverable in a subsequent clinical negligence claim. The leading case in this regard, also well-known, is Roach -v- Home Office [2010] QB 256.’

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Ropewalk Chambers, April 2020

Source: www.ropewalk.co.uk

The impact of Coronavirus, part 6: sentencing at a time of national emergency – 6KBW College Hill

Posted April 24th, 2020 in chambers articles, coronavirus, criminal justice, news, sentencing by sally

‘As a result of the restrictions on movement imposed due to the current pandemic, the criminal justice system is operating little more than what might be colloquially referred to as a ‘Saturday service’ at present. Despite this, lower-level offences still work their way through the system, while cases involving more serious offences are adjourned pending the relaxation of the restrictions. This blog post concentrates on a topic that has thus far received little attention: sentencing for offences committed at a time of national crisis.’

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6KBW College Hill, 23rd April 2020

Source: blog.6kbw.com

Staying for clarification – Falcon Chambers

Posted April 24th, 2020 in chambers articles, coronavirus, emergency powers, housing, landlord & tenant, news, repossession, trespass by sally

‘Covid-19 has had quite an effect on property lawyers in their professional lives. The stay on Part 55 claims imposed by PD 51Z on 27 March 2020 has stayed part of many practitioners’ day to day work. It has also led, however, to numerous questions. Can possession claims still be issued? Can directions still be followed or sought for possession claims already past the first possession hearing and heading towards trial? What are we supposed to do about trespass cases? Trespassers are not people the Government seemed to be keen to protect when it announced its intention to protect certain categories of occupiers from eviction, yet possession claims against trespassers have been caught in the general stay.’

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Falcon Chambers, April 2020

Source: www.falcon-chambers.com

Directors Disqualification: Applying for Permission to Act During the Corona Pandemic – Radcliffe Chambers

Posted April 24th, 2020 in chambers articles, company directors, insolvency, news, practice directions by sally

‘On 6 April 2020 the Temporary Insolvency Practice Direction (“TIPD”) came into force. On 7 April 2020 the guidance note issued by Chief ICCJ Briggs confirmed that, for the purposes of TIPD, applications under section 17 Company Directors Disqualification Act 1986 are deemed urgent.’

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Radcliffe Chambers, 17th April 2020

Source: radcliffechambers.com

EXE v Governors of the Royal Naval School [2020] EWHC 596 QB – 39 Essex Chambers

Posted April 24th, 2020 in causation, chambers articles, child abuse, children, criminal records, damages, employment, limitations, negligence, news, school children, vicarious liability by sally

‘The Defendants employed a 30 year old man “Hughes” as a kitchen porter from 15 October 1990 to 10 July 1991 at their school for girls. He was provided with accommodation on the school premises. The Defendants were not aware that Hughes had a criminal record, including offences of indecent assault on a female and unlawful sexual intercourse with a girl under the age of 15. Had the Defendants been aware of these convictions, Hughes would not have been offered employment.’

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39 Essex Chambers, 22nd April 2020

Source: www.39essex.com

Possessions, Covid-19 and the Decision in UCL Hospitals NHS Foundation Trust v MD – 4 King’s Bench Walk

Posted April 24th, 2020 in chambers articles, coronavirus, emergency powers, enforcement, hospitals, news, repossession by sally

‘The spread of the coronavirus has caused disruption to our lives and the operation of society in ways that the vast majority of us have never experienced in our lifetime. The drastic measures adopted by the Government in response to the rapid spread of the disease, including putting the country into “lockdown”, required numerous amendments to be made to existing laws; this included those concerning residential and business tenancies and, more specifically, the rules relating to the eviction of tenants. The amendments increase the protections for tenants during the crisis.’

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4 King's Bench Walk, 22nd April 2020

Source: www.4kbw.co.uk

At the front line of Covid-19 – forgotten victims? – Doughty Street Chambers

Posted April 24th, 2020 in chambers articles, coronavirus, emergency powers, freedom of movement, health, human rights, news, victims by sally

‘In a sense, we are all “victims” of the 2020-1 Coronavirus pandemic. Our lives have been changed dramatically by its effects at the domestic, community, regional, national and international levels. None of us born since WWII have experienced the restrictions of movement/activity we are experiencing as “lockdown”. There are serious wellbeing issues associated with being confined to the home for the majority of time, and no doubt those suffering domestic strain, let alone abuse, are truly “suffering”. One thinks also of those self-denying or being denied access to treatment for other health conditions because of the necessary concentration of health resources upon Covid-19 patients. All of this without considering the serious economic effects of deprivation of income for many people who really cannot afford any reduction in their already stretched incomes.’

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Doughty Street Chambers, 22nd April 2020

Source: insights.doughtystreet.co.uk

Court of Protection Newsletter – Spire Barristers

Posted April 24th, 2020 in chambers articles, Court of Protection, news by sally

‘Welcome to the April issue of Spire Barristers’ Public Law Newsletter covering news from around the web, practice updates and case reviews in Court of Protection and Public Law matters.’

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Spire Barristers, 20th April 2020

Source: spirebarristers.co.uk

What property remedies are available during the Covid-19 lockdown? – St Philips Chambers

Posted April 24th, 2020 in chambers articles, coronavirus, emergency powers, housing, landlord & tenant, news, practice directions, repossession by sally

‘Practice Direction 51Z, which came into force on 27 March 2020, has imposed a general 90-day stay on new and current Part 55 possession proceedings with (as of 20 April 2020) limited exceptions in a new paragraph 2A.’

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St Philips Chambers, 22nd April 2020

Source: st-philips.com

The Coronavirus Job Retention Scheme – Update – Thomas More Chambers

Posted April 24th, 2020 in chambers articles, coronavirus, employment, news by sally

‘The Coronavirus job Retention Scheme guidance was updated on 15 and, in particular, 17 April 2020. This article identifies the most important updates and, where necessary, explains them.’

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Thomas More Chambers, 20th April 2020

Source: www.thomasmore.co.uk

The consequences for administrators of furloughing employees – further clarification: Re Debenhams Retail Limited [2020] EWHC 921 (Ch) – Radcliffe Chambers

Posted April 24th, 2020 in administrators, chambers articles, company law, coronavirus, employment, insolvency, news by sally

‘In a judgment dated 17th April 2020 in Re Debenhams Retail Limited (in administration) [2020] EWHC 921 (Ch), Trower J determined an application for directions by the joint administrators of Debenhams which concerned the impact of the application of the Government’s Coronavirus Job Retention Scheme in administrations and the recent decision of Snowden J in Re Carluccio’s Limited (in administration) [2020] EWHC 886 (Ch). Matthew Weaver considers Trower J’s judgment and its implications in this briefing.’

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Radcliffe Chambers, 21st April 2020

Source: radcliffechambers.com

Keep calm and carry on(line) with mediation – Park Square Barristers

Posted April 24th, 2020 in chambers articles, coronavirus, dispute resolution, internet, live link evidence, news, remote hearings by sally

‘Whilst the civil courts adapt at short notice to working, by and large, remotely, invariably some hearings will continue for the foreseeable future to be adjourned to dates as yet unknown. In the circumstances, it might seem inevitable, or at least tempting (especially when many parties and their solicitors are faced with the difficulties associated with unexpectedly having to work from home at the same time as home schooling children), simply to wait on the court.’

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Park Square Barristers, 22nd April 2020

Source: www.parksquarebarristers.co.uk

Re Carluccio’s Limited (in Administration) – Pump Court Chambers

Posted April 24th, 2020 in administrators, chambers articles, company law, coronavirus, employment, insolvency, news, remote hearings by sally

‘It should be noted from the outset that Snowden J’s judgment in Re Carluccio’s is not binding. There were no representative employees or interested parties during the remote video hearing so the judgment does not bind the employees or the government.’

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Pump Court Chambers, 22nd April 2020

Source: www.pumpcourtchambers.com

The Pubs Code and the Crisis in the Hospitality Industry – Falcon Chambers

Posted April 24th, 2020 in chambers articles, coronavirus, licensed premises, news by sally

‘Unfortunately, for both pub tenants and pub landlords, under regulation 4 of the Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 (“the Emergency Regulations”), a person responsible for running a pub (amongst various other types of business) must close any premises (or part thereof) in which food and drink are sold for consumption on those premises during the emergency period defined in regulation 3. Any customers would also breach regulation 6 by leaving the place they were living without reasonable excuse.’

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Falcon Chambers, April 2020

Source: www.falcon-chambers.com

What Standard of Care Should Hospitals be Held to in the COVID-19 Outbreak? – 39 Essex Chambers

Posted April 24th, 2020 in chambers articles, coronavirus, doctors, health, health & safety, hospitals, negligence, news, nurses, professional conduct, standards by sally

‘It is no secret that Covid-19 is placing huge strain on the NHS, with ramifications across all parts of an already stretched organisation. Hospitals nationwide have been told to prepare for a tsunami of patients demanding very high levels of care. They are having to do so while facing staff shortages and worries over the supply of essential equipment. In an effort to cope, retired doctors and not-yet-fully qualified doctors have been drafted in. In such circumstances, it is inevitable that accidents will happen and errors will be made. Once all of this is over, it is a regrettable fact that litigation will ensue. Will the law step up to protect the professionals who have done so much to save lives and ready the nation for the post-corona world? This short article argues that it can and should, most obviously by recognising that desperate circumstances should be reflected in the standard of care applied to hospitals and medical professionals working in response to Covid-19.’

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39 Essex Chambers, 22nd April 2020

Source: www.39essex.com

Adverse Possession by Diverting Rent: The Most Unfair Nonsense – Falcon Chambers

Posted April 24th, 2020 in adverse possession, chambers articles, land registration, news, rent by sally

‘Gary Cowen QC considers a recent decision of the First Tier Tribunal (Land Registration) on adverse possession claims to unregistered land based on the collection of rent for a period of twelve years.’

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Falcon Chambers, April 2020

Source: www.falcon-chambers.com

Resuscitation and the value of a disabled person’s life: Triaging and Covid19 – Cloisters

Posted April 24th, 2020 in chambers articles, coronavirus, disability discrimination, disabled persons, equality, human rights, medical treatment, news by sally

‘What is your life worth? If you get Covid19, what criteria do you want clinicians to apply when triaging your case? Choices on withholding treatment have become starkly real in the Covid19 emergency. Such choices should be made on a basis respecting the dignity of the individual patient and not based on stereotypes relating to age or disability. The emergent guidance is not clear on these issues.’

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Cloisters, 22nd April 2020

Source: www.cloisters.com

The UK Government’s guidance on combating coronavirus in care homes is inconsistent with WHO standards – Doughty Street Chambers

Posted April 24th, 2020 in care homes, chambers articles, codes of practice, coronavirus, government departments, health, human rights, news, standards by sally

‘This paper contributes a combined human rights perspective and an infection prevention and control perspective to the COVID-19 situation in long-term care homes in the UK.’

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Doughty Street Chambers, 21st April 2020

Source: insights.doughtystreet.co.uk