The UK Foreign Secretary, Dominic Raab, has finally introduced a long awaited equivalent to the US Magnitsky Act.
Doughty Street Chambers, 7th July 2020
Source: insights.doughtystreet.co.uk
‘A client who is successful in most forms of civil litigation can expect to recover some if not all their costs. Since the abolition of the Calderbank offer, it has been difficult to obtain cost orders in financial remedy litigation and the general rule is that the court will not make an order requiring one party to pay the costs of the other (FPR 28.3 (5)).’
Becket Chambers, 6th July 2020
Source: becket-chambers.co.uk
‘The newsletter features the following articles & videos:
– Louisa Collins: German Local Courts are Competent to Issue EAWs.
– Georgia Beatty: For Lexis Nexis – Coronavirus (COVID-19) and delays to extradition (Cosar v Governor of HMP Wandsworth).
– Ben Keith and Georgia Beatty: 5SAH Video – Anne Sacoolas – Extradition, Interpol and diplomatic immunity unravelled.
– Georgia Beatty: Interpol Red Notice issued against Anne Sacoolas – is prosecution in the UK possible?’
5SAH, 1st July 2020
Source: www.5sah.co.uk
‘Dewinder Birk of No5’s Family Group has set out two cases dealing with two different aspects of experts’ costs in private children cases, but both of which highlight the robustness of the higher courts in exercising discretion in relation to costs when dealing with such matters.’
No. 5 Chambers, 1st July 2020
Source: www.no5.com
‘In R (Reprieve & Ors) v Prime Minister [2020] EWHC 1695 (Admin), the High Court made a preliminary ruling that Article 6(1) of the ECHR does not apply to the forthcoming judicial review of the Government’s decision not to establish a public inquiry into allegations that the UK intelligence services were involved in the torture, mistreatment and rendition of detainees in the aftermath of 9/11. It was further held that the claimants are not entitled to the level of disclosure of open material outlined in SSHD v AF (No 3) [2009].’
UK Human Rights Blog, 9th July 2020
Source: ukhumanrightsblog.com
‘On 17 June 2020, the Supreme Court (Lords Reed, Hodge, Lloyd-Jones, Sales and Hamblen) handed down a landmark judgment on whether certain fees which are paid by merchants to banks under the Visa and Mastercard payment card schemes breach competition law. The judgment finally settles years of litigation in the UK courts, and deep divisions in the rulings which had been given in the lower courts and tribunals. It is also the first judgment of the Supreme Court dealing with the Court of Appeal’s powers of remittal.’
Monckton Chambers, July 2020
Source: www.monckton.com
‘The potential short and longer-term consequences of the COVID-19 crisis upon the global and national economy are now well-known. Financial remedy practitioners have been anticipating a number of queries from clients potentially seeking to make an application to set aside their concluded financial settlements, because of the effect current events have had or may have upon their finances. Questions therefore arise about whether or not the effects of COVID-19 are capable of being treated as a Barder Event by the family courts, and thus to act as a basis to revisit final financial remedy orders.’
Thomas More Chambers, 6th July 2020
Source: www.thomasmore.co.uk
‘The Court of Appeal held that the failure to serve a gas safety certificate on a tenant before the tenant took up occupation of the demised premises was not fatal to the landlord’s later ability to serve a section 21 notice.’
Tanfield Chambers, 30th July 2020
Source: www.tanfieldchambers.co.uk
‘The package travel industry is going through unprecedented times, however, there may be some positive signs on the horizon. Travel is likely to return and, as Augustine of Hippo said, the world is a book and those who do not travel only read one page. Taking a long term view, it might be said that, in keeping with Augustine’s description of the world, people will continue to read as many pages as possible, because normally, holiday travel is a key event in most people’s annual calendar. It is estimated that 9 in 10 people from the UK went on a holiday in 2019 and in the same year, outbound travel contributed £37.1Bn to the UK economy.’
33 Bedford Row, 6th July 2020
Source: www.33bedfordrow.co.uk
‘In the midst of the coronavirus pandemic Parliament has been, and continues to be, very active. This note provides a quick update in relation to the latest developments on four fronts: (1) forfeiture; (2) CRAR; (3) insolvency; (4) planning.’
Falcon Chambers, 29th June 2020
Source: www.falcon-chambers.com
‘Challenges were brought by a contractor (JV) under sections 67 and 68(2)(b) of the Arbitration Act 1996 (AA 1996) in respect of an addendum award (the Addendum) issued by an International Chamber of Commerce (ICC) tribunal. The Addendum was issued following an application by the employer to correct a fourth partial award. JV’s challenges were dismissed and the judge gave helpful guidance as to the scope of AA 1996, ss 67 and 68 and the scope of a tribunal’s power to correct and/or interpret its award. Written by Simon Lofthouse QC and Zulfikar Khayum, barristers, at Atkin Chambers, and counsel for Qatar Foundation.’
Atkin Chambers, 6th July 2020
Source: www.atkinchambers.com
‘On 27 April 2020 the British Institute of International and Comparative Law (BIICL) published Breathing Space – a Concept Note on the effect of the pandemic on commercial contracts. The central thesis is that to mitigate the damaging effects of COVID-19 on the global economy, private law should encourage compromise and mediation rather than a zero-sum rush to terminate contracts and then to litigation and arbitration.
3 Hare Court, 29th June 2020
Source: www.3harecourt.com
‘According to a report in the Nottinghamshire Law Society Civil Court User Bulletin No 5. HHJ Godsmark QC, on an application to vacate a trial on account of the Defendant’s witnesses being “furloughed”, stated that, “attending a court to give evidence for the employer is not ‘work’ and certainly not work within the meaning of the furlough scheme”.’
3PB, 3rd July 2020
Source: www.3pb.co.uk
‘Much has been written about the dramatic decrease in civil hearings as a result of the COVID 19 pandemic. A survey conducted by Kate Brunner QC and I for the Western Circuit showed a 75% decrease in the number of hearings and a 58% reduction in work done by the Bar.’
3PB, 6th July 2020
Source: www.3pb.co.uk
‘So reports Owen Bowcott, the legal affairs correspondent for The Guardian today. “Nightingale” courts being venues which have been identified as suitable for trials utilising public spaces such a civic centres or university moot halls; apparently to be renamed Blackstone Courts.’
Thomas More Chambers, 3rd July 2020
Source: www.thomasmore.co.uk
‘If possession proceedings were initially “brought” under CPR Part 55, and are not caught by one of the exceptions set out in CPR PD 51Z Para.2A, then the automatic stay imposed by the practice direction takes effect.’
Tanfield Chambers, 30th June 2020
Source: www.tanfieldchambers.co.uk
‘Ever since the well-known case of Ilott v The Blue Cross and others [2017] where an adult child was awarded £50,000 from her mother’s estate (notwithstanding their estrangement), practitioners are regularly approached by adult children in order to claim from an estranged relative’s inheritance. There is often reference to a “10% rule” based on what was awarded in Ilott.’
St Ives Chambers, 3rd July 2020
Source: www.stiveschambers.co.uk
‘A lease that contains a covenant against use other than as a private dwellinghouse is breached where the tenant opts to let the property out on short term lets through sites such as Airbnb and Booking.com. However, where the tenant still makes regular use of the property as a residence in and around those bookings, the tenant will not be in breach of a separate covenant not to carry on a business from the property (as distinct from a covenant not to use the property for a business).’
Tanfield Chambers, 30th June 2020
Source: www.tanfieldchambers.co.uk
‘The High Court examined the relevance of an offer of compensation to the question of whether a landlord was in breach of the covenant for quiet enjoyment.’
Tanfield Chambers, 30th June 2020
Source: www.tanfieldchambers.co.uk
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