“Give Me Just A Little More Time” – Littleton Chambers

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

‘Bianca Balmelli and Nicholas Siddall QC analyse the legal issues arising from the differing responses of sporting events to the Covid-19 pandemic.’

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Littleton Chambers, 7th April 2020

Source: www.littletonchambers.com

The Mayor and Commonality and Citizens of the City of London v Various Leaseholders of Great Arthur House [2019] UKUT 341 (LC) – Tanfield Chambers

‘The Upper Tribunal determined, by reference to the interpretation of the specific terms of various “Right to Buy” leases, whether the leaseholders were liable to contribute to the landlord’s costs of repairing structural defects.’

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Tanfield Chambers, 2nd April 2020

Source: www.tanfieldchambers.co.uk

Sports Clubs in the Lurch? Considering the Eligibility of Players for Government’s Furlough Scheme – Littleton Chambers

Posted April 15th, 2020 in chambers articles, coronavirus, employment, news, remuneration by sally

‘The restrictive measures imposed in an attempt to curb the spread of Covid-19 are creating an unprecedented and often existential challenge for businesses across the globe, and sports clubs are no exception. Indeed, given the suspension of almost all sports, sports clubs are amongst the worst hit, as most sources of revenue dry up including (depending on where they fall within the pyramid) ticket sales, subs, and revenue gained from hiring out venues for concerts, conferences and other private events.’

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Littleton Chambers, 6th April 2020

Source: www.littletonchambers.com

Amendments to statements of case and the rule in Henderson v Henderson – Wilberforce Chambers

‘Is it possible to resist an application to amend on the grounds that the new case could and should have been advanced earlier in the same proceedings?’

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Wilberforce Chambers, 14th April 2020

Source: www.wilberforce.co.uk

Implications of Coronavirus for UK Spouse Visas – Richmond Chambers

‘The Coronavirus and Covid-19 disease are causing a devastating effect across the world. The situation can be especially stressful for individuals who are separated from family members or for those who are worried that their partner may be separated from them if an application to remain in the UK is refused. In this post we will look at some of the key issues that individuals applying to remain with spouses and partners might need to consider in the coming months.’

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Richmond Chamber, 7th April 2020

Source: immigrationbarrister.co.uk

Police Powers Under the 2020 Coronavirus Act by Stephen Wood QC – Broadway House Chambers

‘A woman is arrested for loitering at a railway station and ‘prosecuted’ under the Coronavirus Act 2020. The prosecution do not oppose her appeal against conviction to the Crown Court on the basis that she had been prosecuted for an offence not known in law.’

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Broadway House Chambers, 14th April 2020

Source: broadwayhouse.co.uk

Virtual Hearings from a Practitioner’s Perspective – 23 Essex Street

‘Arnold Ayoo shares some observations and tips following his first online hearing, a High Court Appeal before Freedman J.’

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23 Essex Street, 14th April 2020

Source: www.23es.com

The Coronavirus Job Retention Scheme – An Overview – Doughty Street Chambers

‘On 20th March 2020, HMRC announced that it would set up the Coronavirus Job Retention Scheme. The purpose of the scheme is to prevent mass redundancies and unemployment in the wake of the global coronavirus pandemic. On 26th March 2020, HMRC published further guidance on the scheme. The guidance was then updated on 4th April 2020 and again on 9th April 2020.’

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Doughty Street Chambers, 14th April 2020

Source: insights.doughtystreet.co.uk

COVID-19, the self-employed and the Bar – a wobbly scheme? – Doughty Street Chambers

‘The Government approved a package of measures targeting the self-employed in response to the Covid-19 crisis. But are these measures sufficient and will they adequately safeguard members of the self-employed Bar, lower paid employees and workers in the gig economy and see sets of Chambers through the crisis? Doughty Street’s employment law team is available to advise on any employment issues that may arise in relation to employment status, sham self-employment agreements and the government’s financial assistance packages in the wake of Covid-19.’

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Doughty Street Chambers, 10th April 2020

Source: insights.doughtystreet.co.uk

Coronavirus (COVID-19)—Changes to the Care Act 2014 – 39 Essex Chambers

‘Siân Davies, barrister at 39 Essex Chambers, discusses the Care Act easements, provided for under the Coronavirus Act 2020. She examines the guidance for local authorities on when it is appropriate to use the Care Act easements, emphasises the information that should be given to those being assessed and debates what changes to safeguarding policies may occur during the relaxation period. She also analyses the relationship between the Care Act easements guidance and the Hospital Discharge Service Requirements.’

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39 Essex Chambers, 7th April 2020

Source: www.39essex.com

Serious sexual offences involving Medical professionals: Catherine Silverton shares 18 years’ of trial experience – Park Square Barristers

‘Sexual allegations can be distinguished from criminal allegations of other types by virtue of often being prosecuted purely on the basis of one person’s word. There are invariably no witnesses to the interaction between the Complainant and Defendant during which the alleged offence is said to have been committed. There is very rarely any physical or scientific evidence capable of proving or refuting the allegation. No circumstantial evidence. No technological evidence. Sexual allegations are increasingly made weeks, months or even years after the alleged event, by which time delay has frayed memories on all sides which leaves nothing but word against word.’

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Park Square Barristers, 7th April 2020

Source: www.parksquarebarristers.co.uk

Making Remote Hearings Work – St John’s Chambers

‘A broad experience is building up among advocates with the use of remote hearings. Although many courts are still using telephone links (and for many litigants who do not have access to more sophisticated technology, this will remain the default medium) the use of video links is becoming more of a normal experience.’

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St John's Chambers, 8th April 2020

Source: www.stjohnschambers.co.uk

Interim Separation During Proceedings – Becket Chambers

‘We have all experienced cases, especially when representing a young mother who has been placed with the child, often a first child and a baby, in a mother and baby foster placement and that placement has broken down for a variety of different reasons.’

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Becket Chambers, 9th April 2020

Source: becket-chambers.co.uk

Vicarious liability (and data protection): two cases – Six Pump Court

‘Morrisons, heard recently in the Supreme Court, concerns vicarious liability for a rogue data controller. Together with another Supreme Court case, Barclays Bank, these two cases cover all the key issues.’

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Six Pump Court, 8th April 2020

Source: www.6pumpcourt.co.uk

What About – ‘PPE – Does the Government owe a legal duty to provide it?’ – Nexus Chambers

‘There is no doubt that the Government owes a moral duty to provide those on the frontline fighting this virus with the tools they need to work safely. Beyond the undeniable moral duty, does the Government owe them a legal duty as well?’

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Nexus Chambers, 10th April 2020

Source: www.nexuschambers.com

Articles 3 and 8 in the Time of Coronavirus: A New Case With Implications for Local Authorities Using the Care Act ‘Easements’ – Coronavirus: Guidance for Lawyers and Businesses

‘The Care Act ‘easements’ were brought into force on 31 March 2020. Per the statutory guidance, local authorities may take a decision to apply the new and much higher threshold for receiving care. That threshold states that a person is not entitled to receive care and support from a local authority as a matter of right unless it is necessary to prevent a breach of the person’s human rights – most likely to be Articles 2, 3 or 8 of the European Convention. Arianne Kelly looks at the first case on the subject.’

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Coronavirus: Guidance for Lawyers and Businesses, 14th April 2020

Source: lawinthetimeofcorona.wordpress.com

Changing the locks during lockdown:The Coronavirus Act 2020, Commercial Property and Forfeiture – 3PB

Posted April 14th, 2020 in chambers articles, coronavirus, forfeiture, landlord & tenant, news by sally

‘In recent years the rise of e-commerce has challenged the traditional High Street model as we know it. The high attrition rates on the High Street have been widely reported. For those retailers who have sought to avoid closing their businesses, Company Voluntary Agreements (“CVA’s”) have become popular in order to allow shops to keep trading.’

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3PB, 9th April 2020

Source: www.3pb.co.uk

Personal Protective Equipment: The Basic Legal Principles and Important Government Guidance – Coronavirus: Guidance for Lawyers and Businesses

‘The term “PPE” has become one of general comment and concern. Here our newest recruit at Kings Jasmine Chan explains the Regulations, the duties owed and the government guidance in relation to PPE and coronavirus.’

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Coronavirus: Guidance for Lawyers and Businesses, 2nd April 2020

Source: lawinthetimeofcorona.wordpress.com

Day v Womble Bond Dickinson (UK) LLP [2020] EWCA Civ 447: Would your 12 year old understand when to stop?- Hailsham Chambers

Posted April 3rd, 2020 in appeals, chambers articles, fees, illegality, law firms, negligence, news by sally

‘By this notable decision the Court of Appeal has offered a useful illustration of the strict limits to the scope for claims by previously convicted claimants against their former lawyers,
alleging negligence in respect of the defence of the earlier criminal proceedings.’

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Hailsham Chambers, 30th March 2020

Source: www.hailshamchambers.com

Possession proceedings and COVID-19 – Henderson Chambers

‘With the government ordering people to stay at home during the COVID-19 global pandemic, questions necessarily arise for those whose “home” is a rented property. What does this mean for landlords and tenants alike? Broadly, whilst the Government made loud promises about banning evictions, the Coronavirus Act 2020 makes more ‘watered down’ provision, giving greater comfort to landlords but potentially leaving tenants mired in uncertainty.’

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Henderson Chambers, 27th March 2020

Source: 3yf6pp3bqg8c3rycgf1gbn9w-wpengine.netdna-ssl.com