‘Remote hearings come with particular difficulties. One obvious difficulty is that the parties cannot see each other as well as they might in the courtroom. But how much of a problem is this?’
Pump Court Chambers, 29th April 2020
Source: www.pumpcourtchambers.com
‘A series of judgments have already been handed down this year that deal with limitation in historic sex abuse cases. Each addresses whether it is equitable to allow the claim to proceed by disapplying the long-expired limitation period, by exercising the discretion under section 33 of the Limitation Act 1980.’
12 King's Bench Walk, 1st May 2020
Source: www.12kbw.co.uk
‘The general obligation of good faith in the performance of contractual obligations is widely recognised and accepted overseas both in civil law jurisdictions and also now in most common law jurisdictions.’
The 36 Group, 1st May 2020
Source: 36group.co.uk
‘If a party is a signatory to a pre-existing dispute clause, that will normally be binding upon them save for specific circumstances outside the scope of this article. Our present focus is where disputants are not bound to mediate, but one side proposes mediation.’
33 Bedford Row, 30th April 2020
Source: www.33bedfordrow.co.uk
‘Morrisons, the Appellant by the time this case reached the Supreme Court, are, of course, a well-known national chain of supermarkets. The Respondents in this case were approximately 9,000 employees or former employees of Morrisons.’
3PB, May 2020
Source: www.3pb.co.uk
‘Without, hopefully, being too flippant, the above are, essentially, the questions that the Court of Appeal will be considering tomorrow in relation to Practice Direction 51Z, in Arkin v Marshall.’
4-5 Gray's Inn Square, 29th April 2020
Source: www.4-5.co.uk
‘The impact of COVID-19 and the guidance from Government to take all precautions to avoid unnecessary contact, has seen understandable and unprecedented changes to the justice system. The Lord Chief Justice has announced that, where possible, criminal hearings should take place remotely and no new jury trials can begin, causing all future trials to be postponed.’
Garden Court Chambers, 5th May 2020
Source: www.gardencourtchambers.co.uk
‘There are multiple human rights and civil liberties implications both globally and domestically arising from the response to COVID-19 and the current crisis. Some of them are very real and concerning. Others are scaremongering and simply not true.’
Garden Court Chambers, 1st May 2020
Source: www.gardencourtchambers.co.uk
‘It’s a welcome development, recently announced in the Law Gazette, that ABI members and various claimant firms have already signed up to an ongoing protocol adding flexibility to the way claims are handled at this time. A similar agreement has been made between the Association of Personal Injury Lawyers and Forum of Insurance Lawyers.’
Hardwicke Chambers, 29th April 2020
Source: hardwicke.co.uk
‘Though there is little firm evidence of the extent of the impact of the Covid-19 pandemic on the homeless population or the effectiveness of measures adopted by the government to mitigate that impact, it is clear that the crisis poses unique and urgent risks to this part of society. The Housing, Communities, and Local Government Committee has launched an inquiry into this issue which will meet for the first time next week, and it is more than likely that we will see more changes to this fast-developing area in the weeks and months to come.’
4-5 Gray's Inn Square, 6th May 2020
Source: www.4-5.co.uk
‘Kate Aubrey-Johnson of the Garden Court Criminal Defence Team and Dr Laura Janes of The Howard League for Penal Reform, have prepared a practitioner’s guide on ending the detention of children during the COVID-19 lockdown period.’
Garden Court Chambers, 1st May 2020
Source: www.gardencourtchambers.co.uk
‘Waksman J was asked by a contractor, Flexidig, to enforce an adjudicator’s decision ordering payment against its employer, M&M. Flexidig had been appointed by M&M to carry out civil works associated with the installation of new Virgin Media underground infrastructure in Lough, Lincolnshire.’
Hardwicke Chambers, 29th April 2020
Source: hardwicke.co.uk
‘In this short piece, Andrew Nixon and Alex Harvey of Sheridans Sports Group, and David Reade QC and Nick Siddall QC of the Littleton Sports Group consider some of the potential claims which may arise from league seasons being cancelled, with a particular focus on the Premier League. The authors also look at how any losses may be assessed.’
Littleton Chambers, 7th May 2020
Source: littletonchambers.com
‘Most litigators will have seen the standard directions order requiring parties to consider alternative dispute resolution as a means of resolving their case. Most will also appreciate the potential cost consequences of unreasonably refusing to engage in ADR. Despite this, it is not uncommon for one party to refuse to engage in any form of ADR due to the perception that it has a strong case.’
Park Square Barristers, 6th May 2020
Source: www.parksquarebarristers.co.uk
‘It is always good to return to basics and remind ourselves of the fundamental principle that ‘findings of fact’ must be based on evidence, and this can include inferences that can properly be drawn from the evidence’. A reminder that it is not on suspicion or simply speculation. (RE A (Fact Finding: Disputed Findings) [2011] EWCA Civ 12 [2011] 1 FLR 1817.’
Becket Chambers, 5th May 2020
Source: becket-chambers.co.uk
‘This article is intended to provide a brief overview on the law of enfranchisement under the Leasehold Reform Act 1967 (‘LRA’), with an update on recent case law.’
St Ives Chambers, 4th May 2020
Source: www.stiveschambers.co.uk
‘Unexplained Wealth Orders (UWO’s) were introduced into law through section 1 of the Criminal Finances Act 2017 by inserting section 362A to I into Part 8 of the Proceeds of Crime Act 2002 (“POCA”) They require a person who is reasonably suspected of involvement in, or being connected with persons involved in serious crime, to explain the nature and extent of their interest in property and how that interest was obtained.[1] If the person cannot provide an adequate explanation or satisfactory evidence, the property becomes recoverable property, subject to the POCA 2002.’
Pump Court Chambers, 28th April 2020
Source: www.pumpcourtchambers.com
‘The rise in applications under section 22 of the Proceeds of Crime Act have been clear over the last four years. It is now at a level where the Court of Appeal are hearing on average two matters a year and the case law has clearly established that the test of “just” under s.22 (4) is wide ranging.’
Drystone Chambers, 28th April 2020
Source: drystone.com
‘Among all the other changes being made to people’s financial arrangements, firstly as a result of our anticipated Brexit, and then as a result of the Covid-19 pandemic, and their concomitant impact on economies, both macro and micro, share values, savings rates and property values, it’s easy to forget that significant changes have also been made to personal tax arrangements. For those in marriages or civil partnerships who are separating, or for those who have already separated and are going through divorce or dissolution proceedings and their associated financial remedy proceedings, that includes changes to Capital Gains Tax.’
Pump Court Chamber, 27th April 2020
Source: www.pumpcourtchambers.com
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