‘On 1 April 2020, the Supreme Court handed down judgment in two conjoined Vicarious Liability cases: WM Morrisons Supermarkets plc v Various Claimants [2020] UKSC 12 and Barclays Bank plc v Various Claimants [2020] UKSC 13. In this article, Michael Patrick reviews those judgments and considers their impact on the law of Vicarious Liability.’
Hailsham Chambers, 9th April 2020
Source: www.hailshamchambers.com
‘With the prospect of several bank holidays on the horizon with little indication as to how long circumstances may require continued periods of furlough under the Coronavirus Job Retention Scheme (‘the Scheme’), many employers will be worried as to how they deal with the interaction between furlough and annual leave. Specifically, whether they can require annual leave to be taken during furlough and how they deal with bank holidays where they are included within employee’s annual leave entitlement under their contracts of employment.’
Broadway House Chambers, 9th April 2020
Source: broadwayhouse.co.uk
‘While in previous weeks the winding up petition list has been adjourned for a minimum of three months, this week’s list was successfully conducted by Skype. This article discusses how the hearings worked.’
Hardwicke Chambers, 2nd April 2020
Source: hardwicke.co.uk
‘In light of the COVID-19 outbreak and the protective measures which the UK government has introduced, litigators across the country are asking one burning question: will hearings go ahead, and if so how?’
Blackstone Chambers, 18th March 2020
‘Whilst legislation is being rushed through dealing with significant aspects of work undertaken by the legal profession, addressing major societal issues such as housing, crime and the need to conduct hearings remotely, there are many more areas directly impacted by the current circumstances that have not / cannot be legislated for. This article considers the effect of the pandemic on statutory limitation periods and applications for relief from sanctions.’
23 Essex Street, 9th April 2020
Source: www.23es.com
‘Those venturing to their local park over the weekend probably witnessed an increased presence of police constables, out to enforce the new restrictions on movement and public gatherings. Those restrictions, as well as rules forcing the closure of certain businesses and premises, were introduced on 26 March 2020 by the Health Protection (Coronavirus, Restrictions) (England) Regulations 2020.’
Francis Taylor Building, 9th April 2020
Source: www.ftbchambers.co.uk
‘In the face of the COVID-19 pandemic, governments around the world have been forced to impose draconian restrictions on the public’s freedom of movement and assembly, and the ability to work and trade. Although there is a growing international consensus that these measures are absolutely necessary to slow the rate of infection and save lives, it is undeniable that they, together with the pandemic itself, will have a profound impact on businesses and individual livelihoods.’
Forum Chambers, 7th April 2020
Source: www.forumchambers.com
‘As of 1st of April 2020, the Government’s election pledge of delaying the release point of serious sexual and violent offenders came into force by way of the Release of Prisoners (Alteration of Relevant Proportion of Sentence) Order 2019.’
St Ives Chambers, 10th April 2020
Source: www.stiveschambers.co.uk
‘As the Coronavirus causes unprecedented and rapid change in our daily lives and many of us get used to the challenges of remote working, it is a good time to remind clients of the recent CoA decision in R. (on the application of Pensions Regulator) v Workchain Ltd [2019] EWCA Crim 1422 which demonstrates the wide application of the Computer Misuse Act 1990 (“CMA”). The case serves as a stark warning for companies and their officers who are not taking data security seriously. Tim Green was instructed by The Pensions Regulator (“TPR”).’
Henderson Chambers, 3rd April 2020
‘The Covid-19 crisis has led the Financial Conduct Authority to issue authoritative guidance to consumer credit lenders which will oblige them to grant a three month moratorium on debts and to reduce interest costs.’
Henderson Chambers, 9th April 2020
‘In a reserved Judgment following a two day hearing in March this year Mrs Justice Lang has discharged 3 Unexplained Wealth Orders (“UWO” or “UWOs”) and related Interim Freezing Orders (“IFO” or “IFOs”).’
23 Essex Street, 8th April 2020
Source: www.23es.com
‘A worker has the right not to be subjected to a detriment on the ground that s/he has made a protected disclosure. However, the test of whether the protected disclosure was the reason in the employer’s mind for subjecting the worker to the detriment, and the placement of the burden of proving the same, can be confusing. Hopefully, this short note clarifies matters.’
St John's Buildings, April 2020
Source: stjohnsbuildings.com
‘The Supreme Court has handed down two new judgments addressing the legal limits of vicarious liability in employment and non-employment cases.’
Old Square Chambers, April 2020
Source: www.oldsquare.co.uk
‘If tenants are precluded by law from making use of the premises demised them, do they still have to go on paying their rent in full?’
Falcon Chambers, April 2020
Source: www.falcon-chambers.com
‘The aviation sector is in unchartered territory. Passenger air travel across the globe has virtually come to a halt, with no immediate end in sight. The plethora of issues facing airlines include rights and obligations arising out of aircraft leasing, accepting state aid to stay afloat and the prospect of passenger claims arising out of the cancellation of flights. In this article, we consider the legal implications of cancelling flights pursuant to Regulation (EC) No. 261/2004 [“the Regulation”].’
The 36 Group, 7th April 2020
Source: 36group.co.uk
‘Can a claimant in a clinical negligence claim who is unable to prove the precise mechanism by which a positive outcome would have been achieved still succeed on causation? Yes, held the Court of Appeal in Schembri v Marshall[1]. The judgment also provides a useful summary of authorities dealing with the use of statistics for causation purposes in clinical negligence cases.’
39 Essex Chambers, 8th April 2020
Source: www.39essex.com
‘The Coronavirus Act 2020 has put a hold on any existing residential possession proceedings for a period of 90 days and extended the notice period required as a precursor for any new residential possession to three months (section 81 of the Act and Practice Direction 51Z) and removed the right of re-entry or forfeiture for business tenancies for non-payment of rent until (at present) the 30th June 2020 (section 82).’
Becket Chambers, 3rd April 2020
Source: becket-chambers.co.uk
‘In this article, Gordon Wignall discusses the position of funding in England and Wales post-Chapelgate, where the automatic protection of the Arkin ‘cap’ was lifted. He also discusses grounds for the introduction of litigation funding in Ireland.’
Six Pump Court, 17th April 2020
Source: www.6pumpcourt.co.uk
‘The law concerning harm to children in deportation cases has become bleak, but a recent decision of UT Judge Keith, posted on the UT’s website as an unreported case on 19 March 2020, does point to one way forward. In it, the Home Office made a potentially significant concession as to the test for avoiding deportation in s.117C(5) of the Nationality, Immigration and Asylum Act 2002, i.e. whether deportation would have an “unduly harsh” effect on the individual’s partner or child. That test relates to those who are defined as “foreign criminals” but who have been sentenced to less than four years’ imprisonment.’
Doughty Street Chambers, 8th April 2020
Source: insights.doughtystreet.co.uk
‘Is a field trip provided by a university to undergraduates as part of a degree course a package tour? The court considered the question in McCulloch v University of Leicester (HHJ Hedley, 27 February 2020).’
39 Essex Chambers, 8th April 2020
Source: www.39essex.com
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