chambers articles – Page 69 – Current Awareness

Whistleblowing: how easy is it to make a qualifying disclosure? – St John’s Buildings

Posted April 1st, 2020 in chambers articles, disclosure, employment, news, statutory interpretation, whistleblowers by sally

‘It is generally assumed that the threshold for a statement made by a worker to qualify for whistleblowing protection is not high. After all, the information provided need only ‘tend’ to show, in the ‘reasonable belief’ of the worker that one of the wrongs identified in s.43B Employment Rights Act 1996 is being, has been, or will be committed. Often therefore, an unfair dismissal, or detriment, claim will proceed on the basis, without more, that the worker told the employer something to do with health and safety (or legal obligation or crime etc.). A deeper analysis of the s.43B requirements shows that qualification for protection is not as simple as first appears.’

St John's Buildings, March 2020

Source: stjohnsbuildings.com

Is it possible to take a statutory declaration by Skype video or similar technology? – Hardwicke Chambers

Posted April 1st, 2020 in chambers articles, coronavirus, internet, Law Society, live link evidence, news, solicitors by sally

‘Although the position is fast-moving and guidance is expected to be given in due course by the Law Society, it is presently understood that remote video conferencing technology such as Skype or Zoom could be used by a practising solicitor to administer a statutory declaration.’

Hardwicke Chambers, 26th March 2020

Source: hardwicke.co.uk

Do Medical Practitioners have a duty to disclose Genetic Disorders despite the Principles of Confidentiality? – Exchange Chambers

Posted April 1st, 2020 in chambers articles, confidentiality, damages, doctors, duty of care, families, health, murder, news, pregnancy, psychiatric damage by sally

‘An analysis of the ethical and legal considerations underpinning a decision to inform a patient’s relatives about a diagnosis of a genetic disorder in light of the recent judgment handed down in ABC v St Georges Healthcare and Others [2020] EWHC 455 (QB).’

Exchange Chambers, 25th March 2020

Source: www.exchangechambers.co.uk

Coronavirus and detention under the Mental Health Act – Doughty Street Chambers

Posted April 1st, 2020 in chambers articles, consent, coronavirus, detention, medical treatment, mental health, news, proportionality, statutory interpretation, time limits, Wales by sally

‘The Coronavirus Act 2020 (CA 2020) has now been passed. However not all the provisions have yet come into force. Many of the provisions (including the amendments to the Mental Health Act 1983 (MHA) and to the Care Act 2014) will come into force on a day appointed by a Minister according to regulations. Once in force, a part of the Act could also be suspended and revived. For further details on this, see our earlier post here.’

Doughty Street Chambers, 30th March 2020

Source: insights.doughtystreet.co.uk

The choice of experts in Catastrophic and Severe Brain Injury – Exchange Chambers

Posted April 1st, 2020 in chambers articles, expert witnesses, news, personal injuries, psychiatric damage by sally

‘In this article I will examine the issues surrounding the choice of experts in catastrophic brain injury claims. I will write about what experts are reasonably required and in what order the experts should be instructed. We will look at the various expertise available and just what it is they do and how they can help the Court to resolve the issues.’

Exchange Chambers, 25th March 2020

Source: www.exchangechambers.co.uk

Government acted unlawfully in sharing information that could lead to death penalty, rules UK Supreme Court – Garden Court Chambers

Posted April 1st, 2020 in appeals, chambers articles, data protection, death penalty, disclosure, execution, foreign jurisdictions, government departments, news, Supreme Court by sally

‘The UK Supreme Court today ruled that the British Government acted unlawfully in a case where it departed from the UK’s longstanding policy on opposing the death penalty in all circumstances.’

Garden Court Chambers, 25th March 2020

Source: www.gardencourtchambers.co.uk

Expert Evidence: A Cautionary Tale – Exchange Chambers

Posted April 1st, 2020 in chambers articles, civil procedure rules, documents, electronic filing, electronic mail, expert witnesses, Law Commission, news by sally

‘On 3rd March 2020, Robert Buckland, the incumbent Lord Chancellor and Secretary of State for Justice, confirmed that electronic signatures are permissible and legally valid if used in commercial and consumer documents. This declaration followed a Law Commission report, published in September last year, that looked at the electronic execution of documents, including deeds.’

Exchange Chambers, 25th March 2020

Source: www.exchangechambers.co.uk

Check your Email Signatures! – Falcon Chambers

Posted April 1st, 2020 in chambers articles, contracts, electronic filing, electronic mail, Law Commission, news, sale of land by sally

‘As every property practitioner knows, s 2(3) of the Law of Property (Miscellaneous Provisions) Act 1989 (the 1989 Act) requires a contract for the sale or other disposition of land to be ‘signed by or on behalf of each party’. Neocleous v Rees [2019] EWHC 2462 (Ch), [2019] All ER (D) 25 (Oct) was the first occasion on which the court was asked to determine whether an email footer satisfied the requirement for a signature in s 2(3). The issue arose in the context of an alleged compromise agreement between the parties to a property dispute, which was contained in an exchange of emails between their solicitors. Viewed in the wider context of the earlier authorities, and a recent Law Commission report, the decision encourages practitioners to consider how formality requirements in property transactions—and more generally—are now operating in an increasingly digital world.’

Falcon Chambers, 13th March 2020

Source: www.falcon-chambers.com

Alibrahim v Asturion Fondation [2020] EWCA Civ 32 – Hardwicke Chambers

Posted April 1st, 2020 in abuse of process, appeals, chambers articles, news, striking out by sally

‘The primary issue for the Court of Appeal in this case was what conduct constitutes abuse of process where one party to litigation unilaterally suspends proceedings for a substantial amount of time without the agreement of the other party nor the approval or an Order of the court.’

Hardwicke Chambers, 27th March 2020

Source: hardwicke.co.uk

Application to end draconian UKOG injunction banning peaceful protest at oil sites in Surrey and Sussex – Garden Court Chambers

Posted April 1st, 2020 in chambers articles, climate change, demonstrations, energy, environmental protection, human rights, injunctions, news by sally

‘Lawyers for five peaceful protestors, supported by the Weald Action Group, have applied to the High Court to bring an end to an interim injunction against protest at oil sites in Surrey and Sussex in line with a new Court of Appeal ruling.’

Garden Court Chambers, 1st April 2020

Source: www.gardencourtchambers.co.uk

The Supply of DNP that resulted in a Manslaughter Conviction – St Pauls Chambers

Posted March 31st, 2020 in chambers articles, drug offences, homicide, negligence, news by sally

‘EP was a 21 year old who suffered a number of mental disorders, bulimia nervosa, unstable personality disorder, depression and features of dependence syndrome. He had supplied her with DNP over the internet. She had consumed a number of capsules of DNP and suffered a most distressing death as it destroyed her internal organs causing them to fail. There is no effective treatment for what she suffered.’

St Pauls Chambers, 20th March 2020

Source: www.stpaulschambers.com

The Terrorist Offenders (Restriction of Early Release) Bill – Pump Court Chambers

Posted March 31st, 2020 in bills, chambers articles, early release, news, parole, recidivists, terrorism by sally

‘The Terrorist Offenders (Restriction of Early Release) Bill was introduced into Parliament on the 3rd February 2020, as ‘emergency legislation’ in response to the Streatham Hill terrorist attack that took place on 2nd February 2020. This terrorist incident followed two other attacks by men who had also been convicted of terrorism offences and had recently been released from prison.’

Pump Court Chambers, 30th March 2020

Source: www.pumpcourtchambers.com

C Spencer Limited v M W High Tech Projects UK Limited [2020] EWCA Civ 331 – The relationship between hybrid contracts and valid payment notices – Hardwicke Chambers

Posted March 31st, 2020 in appeals, building law, chambers articles, construction industry, contracts, news by sally

‘The Housing Grants, Construction and Regeneration Act 1996 created hybrid contracts, and with that, complications as to the relationship between these contracts and the Act. In the significant case of C Spencer Limited v M W High Tech Projects UK Limited [2020] EWCA Civ 331, Lord Coulson clarifies whether a valid payment notice ought to separately identify the sum due in respect of construction operations.’

Hardwicke Chambers, 26th March 2020

Source: hardwicke.co.uk

Setting Aside Default Judgment – How Prompt Do You Need to Be? – Becket Chambers

Posted March 31st, 2020 in chambers articles, civil procedure rules, default judgments, delay, news, setting aside by sally

‘The rules regarding applications to set aside default judgment are contained within CPR 13.3 and the court may set aside judgment if:

(a) the defendant has a real prospect of successfully defending the claim; or
(b) it appears to the court that there is some other good reason why –
(i) the judgment should be set aside or varied; or
(ii) the defendant should be allowed to defend the claim.’

Becket Chambers, 25th March 2020

Source: becket-chambers.co.uk

Coronavirus and Public Civil Hearings – Blackstone Chambers

Posted March 31st, 2020 in chambers articles, civil justice, coronavirus, news by sally

‘This piece, by Thomas de la Mare QC, considers how open civil justice, and in particular public hearings, will work in the coronavirus era.’

Blackstone Chambers, 30th March 2020

Source: www.blackstonechambers.com

Furlough and lay-off against the background of Covid-19 / Coronavirus – 4 New Square

Posted March 31st, 2020 in chambers articles, contract of employment, coronavirus, employment, news, redundancy, remuneration by sally

‘A new term has entered the employment lexicon: furloughing. What does it mean and how does it relate to the longer established concept of laying-off? Are employers better placed to take advantage of the government’s scheme for paying furloughed employees or to consider laying off their staff or making them redundant?’

4 New Square, 25th March 2020

Source: www.4newsquare.com

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

Posted March 31st, 2020 in chambers articles, coronavirus, criminal justice, emergency powers, enforcement, fines, freedom of movement, health, news, police by sally

‘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.’

5SAH, 30th March 2020

Source: www.5sah.co.uk

The impact of Coronavirus, part 1: trial by jury during a pandemic – 6KBW College Hill

Posted March 31st, 2020 in chambers articles, coronavirus, courts, criminal justice, health, health & safety, juries, news, trials by sally

‘Covid 19: the current situation is so fast moving that anything written will almost inevitably be out of date by the time it is typed. However, following the effective “lock down” from 8.30pm on 23 March 2020 it may be that there are fewer further changes until restrictions can be eased, and it is useful to reflect on the effect so far.’

6KBW College Hill, 30th March 2020

Source: blog.6kbw.com

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