Category: chambers articles

‘A broad approach taken in the definition of “partner” in a deportation case’ – 33 Bedford Row

Posted April 17th, 2020 in chambers articles, deportation, families, immigration, interpretation, news by sally

‘In the recent deportation case of Buci (Part 5A: “partner”: Albania) [2020] UKUT 87 (IAC)(‘Buci’) the Upper Tribunal (Lane J (President) + Mandalia (Upper Tribunal Judge)) has: (i) defined the meaning of “partner” for the purposes of the exception contained at sections 117C(5)/117D(1) of the Nationality, Immigration and Asylum Act 2002; and (ii) clarified that, even if the relationship relied upon is not with a ‘partner’, it will still be necessary to consider the effect of deportation on the other person.’

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33 Bedford Row, 7th April 2020

Source: www.33bedfordrow.co.uk

ADR – Compromise in COVID-19 Lockdown – Pump Court Chambers

Posted April 17th, 2020 in chambers articles, coronavirus, dispute resolution, news by sally

‘With the courts shutting their doors to the majority of litigants following the outbreak of Coronavirus, now more than ever parties and their lawyers are turning their minds to alternative dispute resolution (ADR). From virtual mediations to remote ENEs and arbitrations, there are plenty of forms of ADR which can be conducted effectively during this crisis. ADR remains a powerful tool for concluding cases swiftly and at comparatively minimal cost which in this time of economic uncertainty is crucial. In this blog we would look at the different forms of ADR and how to they might continue to operate practically during the lockdown and social distancing measures associated with the pandemic.’

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Pump Court Chambers, 14th April 2020

Source: www.pumpcourtchambers.com

Coronavirus: a frustrating situation – Falcon Chambers

Posted April 17th, 2020 in chambers articles, coronavirus, landlord & tenant, leases, news by sally

‘The UK is currently grappling with what is hoped to be the peak of the Coronavirus crisis. Landlords and tenants have both been hit: government guidance and legislation has prevented many tenants from using premises as they expected, and prevented landlords from forfeiting leases or seeking possession. Both may feel that they are locked into a bargain that they could not have anticipated and want to escape from. But can they?’

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Falcon Chambers, April 2020

Source: www.falcon-chambers.com

Child arrangement applications during the Coronavirus pandemic: A practical guide – 5SAH

Posted April 16th, 2020 in chambers articles, children, coronavirus, families, family courts, news by sally

‘The family court have put arrangements in place so that it can continue to process applications for child arrangements during the coronavirus pandemic.’

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5SAH, 6th April 2020

Source: www.5sah.co.uk

Crossley & Ors v Volkswagen Aktiengesellschaft (the “VW NOx Emissions Group Litigation”) – Blackstone Chambers

Posted April 16th, 2020 in abuse of process, chambers articles, class actions, climate change, EC law, environmental protection, news, sale of goods by sally

‘The High Court has today handed down judgment in the VW NOx Emissions Group Litigation – the class action arising out of what is often described as the ‘emissions scandal’. Following a two-week trial of two preliminary issues, Mr Justice Waksman has found that the controversial engine software function amounts to a ‘defeat device’ for the purpose of EU law, and that previous findings of the relevant German authorities were binding on the High Court in that respect.’

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Blackstone Chambers, 6th April 2020

Source: www.blackstonechambers.com

Managing Enfranchisement Claims during the Coronavirus Pandemic – Falcon Chambers

Posted April 16th, 2020 in chambers articles, coronavirus, enfranchisement, landlord & tenant, leases, news by sally

‘Leasehold enfranchisement and right to manage practitioners are used to dealing with unexpected developments, tight deadlines and strict rules. They ought therefore to be well placed to manage the difficulties presented by the Coronavirus crisis. Nonetheless, the present circumstances are undoubtedly challenging for those acting for landlords or tenants in enfranchisement, lease extension and right to manage matters.’

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Falcon Chambers, April 2020

Source: www.falcon-chambers.com

Modification of Leasehold Covenants: The latest decision – Falcon Chambers

Posted April 16th, 2020 in chambers articles, covenants, landlord & tenant, leases, news by sally

‘In its latest decision on the modification of restrictive covenants in leases under s. 84, the Lands Tribunal has refused to modify a use covenant in a long lease prohibiting the use of the demised premises in question as a hotel.’

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Falcon Chambers, April 2020

Source: www.falcon-chambers.com

A guide to the future ahead for TUPE and insolvency – Littleton Chambers

Posted April 16th, 2020 in administrators, chambers articles, coronavirus, employment, insolvency, news, transfer of undertakings by sally

‘On Easter Monday, 13 April 2020, the High Court (Snowden J presiding) handed down its judgment in the matter of Carluccio’s Limited (in administration) [2020] EWHC 886 (Ch). To add to the Easter joy, the furlough guidance was amended on 9 April 2020 and the judgment had to embrace the amended guidance. One of the clarifying amendments on 9 April was the confirmation that employees who transfer under TUPE after 28 February 2020 may be placed, or continue, on furlough. This has practical implications in the light of this judgment.’

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Littleton Chambers, 14th April 2020

Source: www.littletonchambers.com

Covid-19: Offering blood, toil, tears and sweat: Emergency Volunteers and the Law – Cloisters

Posted April 16th, 2020 in chambers articles, coronavirus, emergency powers, employment, hospitals, news, social services, volunteers by sally

‘Over 750,000 volunteers have signed up to the government’s scheme to assist the NHS and social services during the coronavirus outbreak. For those coming from another job, what employment protection do these volunteers have? The Minister introduced this aspect of the emergency legislation, the Coronavirus Act 2020, by saying “The Bill protects the income and the employment status of those who volunteer in the health and social care system. Volunteers will play a critical role in relieving the pressure on frontline clinicians and social care staff”. Sections 8, Schedule 7 and section 9 provide for ‘emergency volunteer leave’ (EVL). In this blog, the seventh in a Covid-19 series, Declan O’Dempsey and Tom Gillie answer the following pressing questions: What is EVL? Who may take it, and what should employers do if staff request to do so? The provisions of the Act are not in force at the time of writing. The situation is however a very fast moving one.’

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Cloisters, 3rd April 2020

Source: www.cloisters.com

Covid-19: Furlough and job retention: Key issues for Employment Lawyers – Cloisters

Posted April 16th, 2020 in chambers articles, coronavirus, employment, news by sally

‘Employers are making difficult choices at this time in situations which have never affected their workplaces before. As fresh guidance is issued and new headlines emerge, the next legal queries evolve. This blog by Daniel Dyal examines the interplay between the workplace and the coronavirus. It has been updated in light of the further guidance issued on 9 April 2020.’

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Cloisters, 11th April 2020

Source: www.cloisters.com

Overriding interest trumped by overreaching – Radcliffe Chambers

Posted April 16th, 2020 in chambers articles, easements, mortgages, news, sale of land by sally

‘It was in City of London Building Society v Flegg that the House of Lords notably considered the position of overriding interests and those interests said to overreach them in the context of a mortgage of a property occupied by a third party. The courts had reason to revisit this area of the law much more recently in Baker v Craggs when the owner of the dominant tenement of an easement claimed that his interest overreached the overriding interest of the owner of the servient tenement. Now, in an ex tempore judgment given on the 19th March 2020, Jeremy Hyam QC, sitting as a Recorder in the County Court at Bristol, has adjudicated upon a similar issue in the case of Knight v Fernley in which the unregistered purchaser of a property who had gone into actual occupation of it claimed that her interest overrode that of a later transferee of the very same land.’

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Radcliffe Chambers, 31st March 2020

Source: radcliffechambers.com

Vicarious liability – ‘on the move’ no longer – Parklane Plowden

Posted April 16th, 2020 in appeals, chambers articles, data protection, doctors, news, professional conduct, sexual offences, Supreme Court, vicarious liability by sally

‘For the last 20 years the boundaries of vicarious liability have expanded. In this article Roger Quickfall discusses how the Supreme Court has brought much needed clarity.’

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Parklane Plowden, 7th April 2020

Source: www.parklaneplowden.co.uk

Remote Hearings: A Practical Guide to Case Management – 3PB

Posted April 16th, 2020 in case management, chambers articles, coronavirus, courts, live link evidence, news, remote hearings by sally

‘It is a brave new world. The lockdown brought about by the coronavirus crisis is forcing the hand of our infamously old-fashioned profession to adapt quickly or lose myriad court dates; leaving our clients without satisfactory and timely resolutions to their disputes.’

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3PB, 14th April 2020

Source: www.3pb.co.uk

Fiona Dwyer, CEO of Solace and Hilary Lennox, Barrister of 5 St. Andrews Hill Chambers discuss Domestic Violence during the current COVID 19 Pandemic – 5SAH

Posted April 16th, 2020 in chambers articles, coronavirus, domestic violence, news by sally

‘We are in unprecedented times with COVID-19 and its impact on provision of specialist domestic abuse services. Organisations’ like Solace have had to completely change how they operate, moving services online or provided via telephone as well as ensuring that refuge and other supported accommodation services can stay open to support the most vulnerable victim/survivors and their children. Under normal circumstances, spending time indoors is often unsafe for those experiencing domestic abuse, and other forms of VAWG (Violence Against Women and Girls). However, during lockdown the danger to women is exacerbated as they are unable to leave their homes. Survivors are likely to be subject to higher rates of violence and abuse and, as they are increasingly isolated by perpetrators, will find it increasingly difficult to obtain support from family, friends and access local services.’

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5 SAH, 7th April 2020

Source: www.5sah.co.uk

McMafia Order Misses the Mark – The Limitations of Unexplained Wealth Orders – 5SAH

Posted April 16th, 2020 in chambers articles, disclosure, news, proceeds of crime, unexplained wealth orders by sally

‘Unexplained Wealth Orders (“UWOs”) have frequently been in the headlines since they came into force on 31 January 2018. They have been described in the media as, “McMafia Orders” and advertised as a new weapon in the war on illicit assets, creating an impression that they would single-handedly tackle the reputation of the United Kingdom as a haven for dirty money. The reality, as most lawyers recognise, is that UWOs are simply a type of disclosure order which have, as Lang J was keen to stress in her judgment in the case of NCA v Baker [2020] EWCA 822 (Admin) at para. 61 a, “relatively limited purpose”. They can “fill in the gap” when investigators cannot rely on full co-operation from other jurisdictions (e.g. the former Soviet states and the Caribbean tax havens).’

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5SAH, 10th April 2020

Source: www.5sah.co.uk

COVID-19 impact on the UK Economy & ADR – 33 Bedford Row

Posted April 16th, 2020 in chambers articles, coronavirus, dispute resolution, news by sally

‘In these unprecedented times, we are already seeing companies collapsing, Flybe ceased operating at the start of March stating that COVID-19 was the final nail in the coffin. Widespread media coverage in early April states that Debenham faces administration and clothing giant Arcadia is preparing to close a huge number of stores as the effect of the lockdown tears through the high street. The global pandemic could lead to a great depression and the adverse economic effects seem almost certain to outweigh the impact of the 2008/2009 world-wide recession. We will look at how COVID-19 may impact the UK economy in the coming months and how ADR may be used in order to address business disputes in an expeditious and cost-effective manner.’

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33 Bedford Row, 6th April 2020

Source: www.33bedfordrow.co.uk

WM Morrison Supermarkets plc v Various Claimants – Supreme Court clarifies the test for vicarious liability – 12 King’s Bench Walk

Posted April 16th, 2020 in appeals, chambers articles, data protection, employment, news, Supreme Court, vicarious liability by sally

‘In a much-anticipated decision, the Supreme Court addresses the scope of an employer’s vicarious liability for acts by its employees, in particular the “misunderstandings” that have arisen since its previous landmark decision in Mohamud v WM Morrison Supermarkets plc [2016] UKSC 11.’

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12 King's Bench Walk, 2nd April 2020

Source: www.12kbw.co.uk

Courting peril: the lessons in Ohpen Operations UK Ltd v Invesco Fund Managers Ltd – Falcon Chambers

Posted April 16th, 2020 in chambers articles, contracts, dispute resolution, news by sally

‘The recent judgment of Mrs Justice O’Farrell in Ohpen Operations UK Ltd v Invesco Fund Managers Ltd [2019] EWHC 2246 (TCC) provided a boost for anyone entering a contract who would prefer to utilise a pre-agreed dispute resolution process in the event of a future contractual disagreement. Specifically, the case provides valuable guidance on the court’s approach if asked to enforce a contractual dispute resolution clause providing for alternative dispute resolution (ADR).’

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Falcon Chambers, April 2020

Source: www.falcon-chambers.com

COVID-19: a protocol to assist solicitors who are working remotely and advising suspects in relation to police interviews – Garden Court Chambers

Posted April 16th, 2020 in chambers articles, coronavirus, legal services, news, police, solicitors by sally

‘This document is intended to draw your attention to the serious risk to life that solicitors and suspects, in police stations, are facing during the COVID-19 crisis and to suggest ways to reduce them. It is not intended to be a definitive statement of what needs to be done. You may have other ideas which are equally or more valid. What is certain is that action needs to be taken if lives are to be saved. The protocol below is intended to assist solicitors to give appropriate legal advice to suspects, at the interview stage, when working remotely.’

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Garden Court Chambers, 1st April 2020

Source: www.gardencourtchambers.co.uk

Carluccio’s Limited (in administration): Administration and furlough arrangements with employees – Exchange Chambers

Posted April 16th, 2020 in administrators, chambers articles, coronavirus, employment, insolvency, live link evidence, news, remote hearings, remuneration by sally

‘Snowden J gives urgently sought directions to administrators in respect of furlough arrangements with employees following a remote video hearing in the matter of Carluccio’s Limited (in administration) [2020] EWHC 886 (Ch).’

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Exchange Chambers, 15th April 2020

Source: www.exchangechambers.co.uk