Category: chambers articles

Holiday Claims And COVID-19: What Options Do You Have If Your Travel Plans Are Disrupted? – 3PB

Posted May 12th, 2020 in airlines, chambers articles, coronavirus, holidays, insurance, news by sally

‘On 23rd March 2020 the UK government went into lockdown in an attempt to curb the spread of Covid-19 in the country. The Foreign and Commonwealth Office has advised British people against all non-essential travel abroad due to unprecedented border closures. In relation to cancelled travel plans, the FCO further advised travellers to get in touch with their airline, travel company, or other transport and accommodation provider, or their insurer. However, recent reports in the media suggest that some holidaymakers who have requested refunds have instead been offered credit notes, or deferred bookings. Many are, of course, concerned that deferred bookings might not suit them due to inability to travel at a later stage, or where credit notes have been offered, that these might not be viable if the companies go bankrupt. Some have also turned to their banks; in a number of cases, without success.’

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3PB, 4th May 2020

Source: www.3pb.co.uk

Responding to COVID-19 the Maritime Perspective in the UK – 3PB

Posted May 12th, 2020 in chambers articles, coronavirus, news, ships by sally

‘We have reviewed the response to the Covid 19 crisis from international organisations and authorities and the UK Government and we have analysed responses from the cruise industry and UK ports. It is clear that protecting the health of those on ships and minimising the risk of transporting the coronavirus between different shores necessitates a focus on similar measures to those taken in society in general. These measures, however, need to be adapted to the very different environment on board ships.’

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3PB, 28th April 2020

Source: www.3pb.co.uk

Meadowside exceptions applied in Balfour Beatty Civil Engineering Limited, Balfour Beatty Group Limited v Astec Projects Limited (In Liquidation) [2020] EWHC 796 (TCC) – Hardwicke Chambers

Posted May 12th, 2020 in chambers articles, construction industry, dispute resolution, news by sally

‘Balfour Beatty brought an application seeking the injunction of three adjudications that was sought by Astec. Astec engaged in three sub-contracts with Balfour Beatty, the main contractor, for various aspects of work to and around Blackfriars Station. The works began in 2010, but in April 2014 Astec went into administration and then liquidation in October 2014. Nothing happened after liquidation, until Astec sent a claim letter on 24th December 2019 and a first notice of adjudication on 24th January 2020.’

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Hardwicke Chambers, 4th May 2020

Source: hardwicke.co.uk

Remote Hearings and Witness Evidence – Pump Court Chambers

Posted May 12th, 2020 in chambers articles, evidence, news, remote hearings, witnesses by sally

‘Remote hearings come with particular difficulties. One obvious difficulty is that the parties cannot see each other as well as they might in the courtroom. But how much of a problem is this?’

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Pump Court Chambers, 29th April 2020

Source: www.pumpcourtchambers.com

Limitation in historic sex abuse claims: recent decisions on the exercise of section 33 of the Limitation Act 1980 – 12 King’s Bench Walk

Posted May 11th, 2020 in chambers articles, delay, limitations, news, sexual offences by sally

‘A series of judgments have already been handed down this year that deal with limitation in historic sex abuse cases. Each addresses whether it is equitable to allow the claim to proceed by disapplying the long-expired limitation period, by exercising the discretion under section 33 of the Limitation Act 1980.’

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12 King's Bench Walk, 1st May 2020

Source: www.12kbw.co.uk

Scott v LGBT Foundation Ltd: When Dealing with Personal Information Falls Outside the Data Protection Regime – The 36 Group

Posted May 11th, 2020 in chambers articles, charities, confidentiality, consent, data protection, disclosure, doctors, human rights, mental health, news, privacy by sally

‘In Scott v LGBT Foundation Ltd [2020] EWHC 483 (QB) the High Court held that “a verbal disclosure does not constitute the processing of personal data” under the Data Protection Act 1998 (“DPA 1998”).’

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The 36 Group, 5th May 2020

Source: 36group.co.uk

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

Posted May 11th, 2020 in appeals, chambers articles, data protection, news, Supreme Court, vicarious liability by sally

‘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

Posted May 11th, 2020 in appeals, chambers articles, civil procedure rules, coronavirus, housing, landlord & tenant, news, practice directions, repossession by sally

‘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

Child Protocol in Criminal Cases – Garden Court Chambers

Posted May 11th, 2020 in chambers articles, children, coronavirus, courts, criminal justice, live link evidence, news, remote hearings by sally

‘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

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

Posted May 11th, 2020 in chambers articles, coronavirus, emergency powers, medical treatment, news, statutory interpretation, vaccination by sally

‘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

Posted May 11th, 2020 in chambers articles, coronavirus, dispute resolution, news, personal injuries, remote hearings by sally

‘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

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

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

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

‘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

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

Posted May 7th, 2020 in chambers articles, coronavirus, news, sport, unfairly prejudicial conduct by sally

‘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

FINDINGS OF FACT………’Failure to protect’. – Becket Chambers

Posted May 7th, 2020 in care orders, chambers articles, child abuse, evidence, local government, news by sally

‘It is always good to return to basics and remind ourselves of the fundamental principle that ‘findings of fact’ must be based on evidence, and this can include inferences that can properly be drawn from the evidence’. A reminder that it is not on suspicion or simply speculation. (RE A (Fact Finding: Disputed Findings) [2011] EWCA Civ 12 [2011] 1 FLR 1817.’

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Becket Chambers, 5th May 2020

Source: becket-chambers.co.uk

Enfranchisement Under the Leasehold Reform Act 1967: An overview and case law update – St Ives Chambers

Posted May 7th, 2020 in chambers articles, enfranchisement, leases, news by sally

‘This article is intended to provide a brief overview on the law of enfranchisement under the Leasehold Reform Act 1967 (‘LRA’), with an update on recent case law.’

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St Ives Chambers, 4th May 2020

Source: www.stiveschambers.co.uk