Releasing the Pressure on Prisons – Nexus Chambers

Posted April 3rd, 2020 in chambers articles, coronavirus, health, health & safety, news, prisons by sally

‘The Covid 19 pandemic has led to lock-downs of populations the world over. The global has become the local. For our safety we are subject to unprecedented restrictions on our movement. So, it is cruelly ironic that Government inaction has created the situation where Covid-19 has taken a hold on those in our prisons.’

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Nexus Chambers, 3rd April 2020

Source: www.nexuschambers.com

Sporting Event Cancellation Insurance: Will it play ball or be kicked into touch? – 4 New Square

Posted April 3rd, 2020 in chambers articles, coronavirus, insurance, news, sport by sally

‘Many events, including music, theatre, conferences and exhibitions have been cancelled or postponed in the wake of COVID-19 and more will follow.’

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4 New Square, 25th March 2020

Source: www.4newsquare.com

Infrastructure and the Environment – some learning from Heathrow – No. 5 Chambers

‘At present, the contest between need and the environmental effects of expansion of Heathrow has been settled by a virus. The Government advises against all international travel. In the minds of many, and in particular the media, R (oao) Planet B Earth v Secretary of State for Transport [2020] EWCA Civ 214, is a case about climate change and, of course, it is. But it is also a case which yields learning in a host of other areas. This short piece highlights one of them. It is this question: in a technical or scientific case, how closely will the court mark the parties’ homework? Is it ‘tick and flick’ or PhD viva? As always, lawyers have coined their own term – ‘intrusiveness of review’.’

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No. 5 Chambers, 19th March 2020

Source: www.no5.com

COVID-19: Competition and State Aid Law During the Coronavirus Crisis – St John’s Chambers

Posted April 3rd, 2020 in chambers articles, coronavirus, EC law, news, state aids by sally

‘This note reflects developments as at 26 March 2020. It provides an overview of how UK and
EU competition law and EU State aid law will apply during the COVID-19 crisis. It is not legal
advice and should not be relied upon as such.’

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St John's Chambers, 26th March 2020

Source: www.stjohnschambers.co.uk

Data Protection and Capital Punishment – The 36 Group

‘Case note on the Supreme Court’s judgment in Elgizouli (appellant) v Secretary of State for the Home Department (respondent) [2020] UKSC 10.’

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The 36 Group, 30th March 2020

Source: 36group.co.uk

Contracting with Coronavirus: the NEC contract terms – 39 Essex Chambers

‘This article, the second in a series of three articles, considers the effect of Coronavirus on the contract regimes applicable to NEC forms of contract. Other articles cover JCT terms, and the possible impact of the common law principle of frustration.’

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39 Essex Chambers, 27th March 2020

Source: www.39essex.com

Coronavirus and Child Arrangement Orders by John Myers – Broadway House Chambers

‘Much anxiety has been caused to parents by the impact of the Government’s Stay at Home Rules on Child Arrangement Orders, and particularly on the requirement for children to spend time with the non-resident parent.’

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Broadway House Chambers, 26th March 2020

Source: broadwayhouse.co.uk

Criminal Powers in response to Covid-19 – stay indoors instructions – 5 SAH

‘On 23 March 2020, the Prime Minister instructed everyone to remain in their homes in order to limit the spread of COVID-19. The overwhelming majority of individuals and businesses have taken steps to comply with that instruction. However, concerns remained about the large number of people continuing to use London Underground, groups of people congregating in public places and a small number of people steadfastly refusing to comply. From the off, law enforcement officials were asking to be furnished with powers to enforce compliance.’

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5 SAH, 30th March 2020

Source: www.5sah.co.uk

Covid-19: Pay for working parents forced to look after their children – Cloisters

Posted April 3rd, 2020 in chambers articles, children, coronavirus, employment, families, news, remuneration by sally

‘Employers are making difficult choices at this time in situations which have never affected their workplaces before. Employment lawyers are having to advise in a context where the landscape is changing day by day. As fresh guidance is issued and new headlines emerge, the next legal queries evolve.’

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Cloisters, 27th March 2020

Source: www.cloisters.com

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

Posted April 3rd, 2020 in chambers articles, coronavirus, employment, news, redundancy, remuneration 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.’

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Cloisters, 30th March 2020

Source: www.cloisters.com

Contracting with Coronavirus: JCT contract terms – 39 Essex Chambers

‘This article, the first in a series of three articles, considers the effect of Coronavirus on the contract terms applicable to the JCT form of contract. Other articles cover NEC terms, and the possible impact of the common law principle of frustration.’

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39 Essex Chambers, 26th March 2020

Source: www.39essex.com

COVID-19 New Insolvency Rules – Radcliffe Chambers

Posted April 3rd, 2020 in chambers articles, coronavirus, insolvency, news by sally

‘The Government has proposed imminent new insolvency rules with the aim of helping more businesses weather the COVID-19 storm and avoid entering an insolvency process. The overriding objective is to assist UK companies to keep trading whilst restructuring. The measures proposed to give this breathing space are set to include a suspension of the current wrongful trading provisions and a new moratorium for businesses undergoing a restructuring process.’

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Radcliffe Chambers, 30th March 2020

Source: radcliffechambers.com

Papa Don’t Breach: Parental Liability under the Coronavirus Regulations – The 36 Group

‘The new Coronavirus legislation is only a week old and already there is public discussion over the tactics used by the police to enforce it (notable perhaps was former Supreme Court Justice Lord Sumption expressing concern that we are sliding into “a police state”).’

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The 36 Group, 2nd April 2020

Source: 36group.co.uk

113th CPR Update – Practice Direction Amendments by Paul Dormand – Broadway House Chambers

Posted April 2nd, 2020 in chambers articles, civil procedure rules, news, practice directions by sally

‘Some of the amendments are in force from 31st March 2020, others from 6th April 2020. Here is a selection of some of the key points.’

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Broadway House Chambers, 27th March 2020

Source: broadwayhouse.co.uk

The Rise and Fall of Subtle Brain Injury – Rope Walk Chambers

Posted April 2nd, 2020 in chambers articles, news, personal injuries, psychiatric damage by sally

‘Andrew Hogan gives his insight into the Rise and Fall of Subtle Brain Injury in his latest Personal Injury Update.’

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Rope Walk Chambers, 1st April 2020

Source: www.ropewalk.co.uk

Personal Protective Equipment – The Last Frontier? – Old Square Chambers

Posted April 2nd, 2020 in care workers, chambers articles, health, health & safety, hospitals, news by sally

‘A look at the legal issues surrounding the provision of personal protective equipment to front line healthcare workers.’

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Old Square Chambers, 30th March 2020

Source: www.oldsquare.co.uk

Imposing Quistclose trusts—knowledge, not notice, as the golden rule (Goyal v Florence Care Ltd) – New Square Chambers

Posted April 2nd, 2020 in chambers articles, delay, equity, fiduciary duty, joint ventures, news, solicitors by sally

‘Goyal emphasises the importance of knowledge over notice in generating a Quistclose Trust. Solicitors and commercial fund managers should be alert to the possible implications arising from the allocation and management of communications received, mindful that attributed knowledge may still suffice in the right circumstances. Goyal provides an important reminder of the gateway function of an order for an account through which substantive remedies can be accessed. A party’s entitlement to an account following breach of fiduciary duty should not be circumscribed by judicial assumptions that little may be gained from the exercise, nor by considerations of the delay between relevant events and trial. An account may prove to be fruitless but a claimant should be entitled to find this out for themselves.’

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New Square Chambers, 23rd March 2020

Source: www.newsquarechambers.co.uk

Hot Air – Rope Walk Chambers

Posted April 2nd, 2020 in chambers articles, costs, judicial review, news by sally

‘In his latest Costs article, Andrew Hogan discussed Costs in relation to Judicial review.’

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Rope Walk Chambers, 31st March 2020

Source: www.ropewalk.co.uk

The Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 – Six Pump Court

‘Whilst the ongoing coronavirus pandemic is having a unprecedented impact upon human behaviour, businesses should also be aware of the risks to legal persons and officers created by The Health Protection (Coronavirus, Restrictions) (England) Regulations 2020.’

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Six Pump Court, 27th March 2020

Source: www.6pumpcourt.co.uk

Witness Statements: Overlong and Over-lawyered? – Hailsham Chambers

Posted April 1st, 2020 in chambers articles, drafting, evidence, news, witnesses by sally

‘As many legal commentators including the author have noted recently: long, complex and detailed statements served particularly on behalf of lay witnesses, but written by their legal teams, can be more of a hindrance than of assistance. Straightforward cross-examinations of such witnesses will frequently prove effective in at the very least exciting the suspicion of a court as to the reliability of such lay evidence, or worse, in some cases causing questions to be asked as to their credibility when the inevitable rhetorical question is asked in closing as to whether such a person ever really could have had a reasonable belief in the veracity of what the statement contained.’

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Hailsham Chambers, 27th March 2020

Source: www.hailshamchambers.com