The Coronavirus and Employers’ Liability for PPE – Part 4: Liability Under EU Directive by Jack McCracken and Sarah Hopkinson – Ropewalk Chambers

Posted June 3rd, 2020 in chambers articles, coronavirus, EC law, employment, health, health & safety, news by sally

‘Employers who meet the definition of being an ‘emanation of the state’1 may be liable to employees for breach of EU Directives under the doctrine of “direct effect”.’

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Ropewalk Chambers, 11th May 2020

Source: www.ropewalk.co.uk

A case law update- a selection of the non-COVID-19 cases published during the pandemic – St Ives Chambers

Posted June 3rd, 2020 in adoption, chambers articles, children, coronavirus, families, family courts, news by sally

‘The Covid-19 pandemic has produced a number of new cases which tie together the guidance produced by the senior judiciary and are essential reading for all practitioners in this new world of remote working.’

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St Ives Chambers, 27th May 2020

Source: www.stiveschambers.co.uk

Who Is Exempt from the 14 Day Coronavirus Quarantine Period? – Richmond Chambers

Posted June 3rd, 2020 in chambers articles, coronavirus, fines, freedom of movement, news, transport by sally

‘As part of the public health measures to guard against a second wave of coronavirus infection, from 8 June 2020, most travellers to the UK, including British citizens, will be required to spend 14 days in self-isolation. A breach of self-isolation will be punishable with a £1,000 fixed penalty notice in England or potential prosecution and unlimited fine. But who is exempt from the 14 day coronavirus quarantine period?’

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Richmond Chambers, 26th May 2020

Source: immigrationbarrister.co.uk

Fatal Accident Claims by Jayne Adams QC – Ropewalk Chambers

‘The area of fatal accident claims is a wide one and, on occasion, a very complicated one. This handout and indeed the lecture which it accompanies is not intended to cover every aspect of such claims. To do so would take too much time and would, in any event, fail to cover every eventuality.’

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Ropewalk Chambers, 19th May 2020

Source: www.ropewalk.co.uk

Identifying and dealing with difficult issues in NIHL cases – Parklane Plowden Chambers

Posted June 3rd, 2020 in chambers articles, damages, limitations, news, noise, personal injuries by sally

‘The diagnosis and quantification of NIHL is affected by innumerable confounding factors, which include:

(i) Constitutional issues, such as unrelated third pathologies, which can

‘replicate’ the pattern of threshold elevation as appears in NIHL cases;

(ii) Personal susceptibility to hearing damage: ‘soft and hard ears’;

(iii) The actual threshold at birth or before noise exposure, which means assumptions must be made regarding the extent of any allegedly raised threshold;

(iv) Age. Particularly how the effects of age are to be calculated and the assumptions which are valid in arriving at an approved or reliable AAHL table of estimates’

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Parklane Plowden Chambers, 22nd May 2020

Source: www.parklaneplowden.co.uk

Covid-19 and its effect on contractual obligations – Devereux Chambers

Posted June 2nd, 2020 in chambers articles, contracts, coronavirus, news by sally

‘The simple effect of the Covid-19 lockdown announced on 23 March 2020 was that life, and business, changed for everyone. People and organisations could no longer do things they had planned or intended to do, and in many instances, difficult decisions had to be made, and some were made hastily, without thinking through the ramifications. As time goes on, many will be faced with the question of whether steps they took, or didn’t take, mean that they are in breach of a contractual obligation; on the other side of the coin, others will be wondering whether they have a remedy for not having received goods or services they expected to on time, or at all.’

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Devereux Chambers, 15th May 2020

Source: www.devereuxchambers.co.uk

Sole Representative Visa: Genuineness and Legal Certainty – Richmond Chambers

Posted June 2nd, 2020 in chambers articles, immigration, news, subsidiary companies, visas by sally

‘Paragraph 144 of the Immigration Rules was simple. It placed great trust in the parent company. From the amendments in response to the anxieties, we can see that re-orientation is from the parent company to the sole representative. The Home Office will consider the representative’s skills, knowledge, experience, the ownership and control held by the sole representative and their partner, and refuse if it considers the application is merely a way to facilitate the sole representative’s entry or stay.’

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Richmond Chambers, 28th May 2020

Source: immigrationbarrister.co.uk

The increased benefits of ADR in the Covid-19 world – KCH Garden Sq

Posted June 2nd, 2020 in chambers articles, coronavirus, dispute resolution, news by sally

‘With many people working by remote means, combined with the reduction in court sitting days, clients are increasingly looking to Alternative Dispute Resolution (ADR) processes. Tom Russell discusses the benefits of ADR in more depth. The full article is available to read here.’

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KCH Garden Sq, 22nd May 2020

Source: kchgardensquare.co.uk

Professional Regulation – Case Comment: Caroline Reilly V Teaching Regulation Agency and Secretary of State for Education (2020) EWHC 1188 (Admin) – Park Square Barristers

‘The appellant was the head teacher of a primary school in the West Midlands. She was dismissed from her post in July 2011 following disciplinary proceedings which arose in consequence of her failure to disclose the fact of her personal relationship with a man who had been convicted of offences involving the making and possessing of indecent images of children.’

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Park Square Barristers, 15th May 2020

Source: www.parksquarebarristers.co.uk

Whittington Hospitals NHS Trust v XX [2020] UKSC 14 – Hailsham Chambers

Posted June 1st, 2020 in appeals, cancer, chambers articles, damages, hospitals, news, Supreme Court, surrogacy by sally

‘The dispute arose as a result of a delay, by the Trust, in diagnosing the Claimant (Respondent)’s cancer, and the infertility this caused.’

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Hailsham Chambers, 21st May 2020

Source: www.hailshamchambers.com

Relief from Forfeiture following Manslaughter: Challen v Challen [2020] EWHC 1330 (Ch) – Hardwicke Chambers

‘In this recent case, described by the presiding judge HHJ Matthews as “extraordinary [with] a fatal combination of conditions and events”, relief from forfeiture was granted despite the applicant having pleaded guilty to manslaughter with a resulting sentence of over nine years of imprisonment.’

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Hardwicke Chambers, 29th May 2020

Source: hardwicke.co.uk

Self-Employed Income Support Scheme (‘SEISS’)- Old Square Chambers

‘With the scheme going live on 13 May 2020, Giles Powell and Conor Kennedy consider the SEISS and its effects.’

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Old Square Chambers, 12th May 2020

Source: www.oldsquare.co.uk

Roberts Case Summary – No. 5 Chambers

‘The name of this case may seem familiar; perhaps too familiar given the time it usually takes for matters to proceed through our court system. However, you’d be right. This is the third preliminary issue in the matter of Harry Roberts (a minor and a protected party by his mother and litigation friend Mrs Lauren Roberts) v Soldiers, Sailors, Airmen and Families Association (1), Ministry of Defence (2) and Allegemeines Krankenhaus Viersen GMBH (3) [2020] EWHC 994 (QB) to be determined by the High Court and the second in less than twelve months.’

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No. 5 Chambers, 18th May 2020

Source: www.no5.com

The Implied Term of Trust and Confidence and the Coronavirus Job Retention Scheme: a Reply – Old Square Chambers

‘On 14 April 2020, our colleague Stuart Brittenden published an article arguing that the implied term of mutual trust and confidence (“the implied term”) requires employers to make use of the Coronavirus Job Retention Scheme (“CJRS”) for agency workers, zero-hour contract workers, and employees, generally.’

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Old Square Chambers, 19th May 2020

Source: www.oldsquare.co.uk

Time Limits for Tender Challenges: test for extending time to bring a public procurement challenge – Henderson Chambers

‘In Riverside Truck Rental Ltd-v-Lancashire County Council [2020] EWHC 1018 (TCC) the High Court confirmed the strict application of the rules governing the time limits for bringing a claim for breach of the EU Public Procurement regime, whether it be in the High Court (TCC) by way of a claim under the regulation 91 of the Public Contracts Regulations 2015, or in the Administrative Court by way of a claim for judicial review.’

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Henderson Chambers, 14th May 2020

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The power to make a Public Path Diversion Order – No. 5 Chambers

Posted June 1st, 2020 in chambers articles, footpaths, local government, news by sally

‘The recent decision of the High Court (Lieven J.) in The Open Spaces Society v Secretary of State for Environment, Food and Rural Affairs [2020] EWHC 1085 (Admin) “the OSS case”) considered the relevant considerations to be taken into account by a council when determining whether to exercise the power to make a Public Path Diversion Order (PPO) pursuant to section 119 of the Highways Act 1980 (as amended). The decision raises points for councils, vendors, purchasers and owners of adjacent land.’

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No. 5 Chambers, 19th May 2020

Source: www.no5.com

A dog’s breakfast; defective trust instruments rescued – Bowack v Saxton [2020] EWHC 1049 (Ch) – New Square Chambers

Posted June 1st, 2020 in chambers articles, documents, news, trusts by sally

‘In 2013 the Claimants paid £750,000 to establish two discretionary trusts containing AXA offshore bonds in the Isle of Man. In a meeting with a financial planner from Hargreaves Lansdown, they both executed standard form declarations of trust intended to appoint themselves and their daughter as trustees, and their daughter as principal beneficiary.’

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New Square Chambers, 26th May 2020

Source: www.newsquarechambers.co.uk

The Scope of the Last Straw Doctrine: Identifying The Camel’s Back. Williams v The Governing Body of Alderman Davies Church in Wales Primary School UKEAT/0109/19/LA – Parklane Plowden Chambers

‘After a period of mistreatment at the hands of his employer, encompassing a number of different acts or omissions, an employee resigns. The “trigger” for the resignation, the most recent incident (often identified as “the last straw”) has however been misinterpreted by the employee and is “entirely innocuous”; the employer did nothing wrong. The claim of constructive unfair dismissal fails, right?’

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Parklane Plowden Chambers, 12th May 2020

Source: www.parklaneplowden.co.uk

Business and Property: ToLATA update May 2020 – St Ives Chambers

Posted May 28th, 2020 in appeals, chambers articles, land registration, news, trusts, valuation by sally

‘By way of observation, the principle set out in Bagum-v-Hafiz [2015] EWCA Civ 801 whereby a beneficiary under a trust of land may effectively buy out the others interests appears to be increasingly applied and it has been recently considered in the Court of Appeal case of In the matter of the Estate of Roger Kingsley sub nom (1) Karim Sophie Kingsley (2) Aaron Richard Playle (as Executors of the Estate of Roger John Kingsley) v Sally Margaret Kingsley [2020] EWCA Civ 297. There, the Court of Appeal rejected the appeal that in a farming partnership case the judge had not been entitled to make an orderforsale at a court-assessed price rather than ordering a sale on the open market. Unlike a trustee, the court was not required to get the best price for the property. The Court rejected the notion that Bagum required some sort of valuation threshold to be overcome. On the contrary, Bagum was authority for the proposition that valuation (and the risk that the court-assessed value would not necessarily be the same as the price in an open market sale) was clearly a discretionary matter.’

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St Ives Chambers, May 2020

Source: www.stiveschambers.co.uk

Insurance Broker Claims – Breach of Duty – Hailsham Chambers

Posted May 27th, 2020 in chambers articles, coronavirus, insurance, news by sally

‘The insurance world is currently on high alert due to the circumstances around Covid-19 leading to widespread notifications on Business Interruption (BI) policies, among others. This note, prepared by William Flenley QC and Alicia Tew, considers issues relating to breach of duty by insurance brokers which arise out of business interruption policies. A further note will consider causation and loss in insurance broker claims.’

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Hailsham Chambers, May 2020

Source: www.hailshamchambers.com