Redundancy: Principles and Calculations Revisited – 33 Bedford Row

Posted July 10th, 2020 in chambers articles, company law, coronavirus, employment, news, redundancy by sally

‘This article has been prepared by two barristers at 33 Bedford Row outlining the basic principles in relation to redundancy as well as calculation of any redundancy payment.’

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33 Bedford Row, 30th June 2020

Source: www.33bedfordrow.co.uk

Mediating in the Time of Corona – Doughty Street Chambers

Posted July 10th, 2020 in chambers articles, coronavirus, dispute resolution, news by sally

‘The colossal impact of Covid 19 and the steps taken to address it are leading to a ‘plethora of defaults’ warns Mario Draghi. This emerging increase in disputes arises from circumstances like contractual failures in supply chains, disputed insurance claims, insolvency issues from business failures, employment losses and property disputes e.g. between landlords and tenants.’

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Doughty Street Chambers, 1st July 2020

Source: insights.doughtystreet.co.uk

The end of the jury trial as we know it? – 6KBW College Hill

‘The Secretary of State for Justice recently confirmed that the government is considering whether to introduce primary legislation to suspend jury trials for offences triable either way as a way to address the backlog of criminal cases arising from the public health crisis. This development has caused alarm amongst practitioners who might be hoping that Humphreys J was right when he said: “I cannot bring myself to believe that there are any persons other than the inmates of a lunatic asylum who would vote in favour of the abolition of trial by jury in serious criminal cases” (Do We Need a Jury? [1954] Crim LR 457).’

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6 KBW College Hill, 30th June 2020

Source: blog.6kbw.com

Damaged by COVID-19 – What losses will be recoverable? – Hardwicke Chambers

Posted July 10th, 2020 in chambers articles, contracts, coronavirus, damages, news by sally

‘The normal rule for breach of contract is that losses are assessed as at the date of breach (The Golden Victory [2007] 2 AC 353.) However, this has never been an immutable rule, and the law in this area was significantly recast in the case of W Nagel (A Firm) v Pluczenik Diamond Company [2018] EWCA Civ 2640.’

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Hardwicke Chambers, 29th June 2020

Source: hardwicke.co.uk

The Care Quality Commission: an essential guide to its powers and processes – Henderson Chambers

‘The Care Quality Commission (“CQC”) is the independent regulator of health and adult social care in England at a time when this sector faces unprecedented scrutiny. However, the CQC’s role and purpose is not well understood. This note provides an essential guide to H&S and regulatory practitioners on the CQC’s powers and procedures in anticipation of widespread enforcement action as the COVID 19 emergency eases.’

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Henderson Chambers, 25th June 2020

Source: www.hendersonchambers.co.uk

Ronan Cormacain: “Social Distancing” of Emergency Legislation during the Covid-19 Pandemic – UK Constitutional Law Association

Posted July 10th, 2020 in constitutional law, coronavirus, emergency powers, news by sally

‘Ordinary legislation is different in its content and method of enactment from emergency legislation. But the risk is that the longer the Covid-19 pandemic continues, the less distinct these two types of law become, and that emergency legislation becomes the new normal. The structural solution proposed to this problem is “social distancing” of emergency legislation – that emergency laws are kept separate and distinct from ordinary laws. The more we conceive of them as abnormal, the more we maintain a gap between them and our ordinary laws, the easier it will be to dump emergency laws when the pandemic is over, and the less chance they will be used for illegitimate purposes.’

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UK Constitutional Law Association, 10th July 2020

Source: ukconstitutionallaw.org

PI lawyers and insurers expect dip in RTA claims – Litigation Futures

‘Personal injury (PI) law firms and insurers expect a dip in workload over the next six months as a result of Covid-19 but expect the market to have recovered by the end of 2021, a survey has suggested.’

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Litigation Futures, 10th July 2020

Source: www.litigationfutures.com

Proposal To Scrap Juries ‘Shocking’ Amid Black Lives Matter Movement – Each Other

‘Proposals to scrap juries for some trials to reduce court backlogs would remove the “only part of the criminal justice process” proven not to discriminate against minority ethnic groups, a legal expert has warned.’

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Each Other, 9th July 2020

Source: eachother.org.uk

Is COVID-19 a Barder Event? Considering the enforceability of financial settlements in light of COVID-19 – Thomas More Chambers

‘The potential short and longer-term consequences of the COVID-19 crisis upon the global and national economy are now well-known. Financial remedy practitioners have been anticipating a number of queries from clients potentially seeking to make an application to set aside their concluded financial settlements, because of the effect current events have had or may have upon their finances. Questions therefore arise about whether or not the effects of COVID-19 are capable of being treated as a Barder Event by the family courts, and thus to act as a basis to revisit final financial remedy orders.’

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Thomas More Chambers, 6th July 2020

Source: www.thomasmore.co.uk

London councils call on government to suspend NRPF immigration status – The Guardian

Posted July 9th, 2020 in benefits, coronavirus, homelessness, immigration, local government, London, news by sally

‘London councils have called on the government to suspend the controversial “no recourse to public funds” (NRPF) immigration status during the coronavirus pandemic to prevent a rise in homelessness.’

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The Guardian, 8th July 2020

Source: www.theguardian.com

Pubs, Pandemics and Privacy: 5 Things You Need To Know – Each Other

Posted July 9th, 2020 in coronavirus, data protection, human rights, licensing, news, privacy by sally

‘Hundreds of pubs across England have reopened their doors after months of lockdown – with a handful having to close again after punters reported testing positive for Covid-19.’

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Each Other, 8th July 2020

Source: eachother.org.uk

Met carried out 22,000 searches on young black men during lockdown – The Guardian

Posted July 9th, 2020 in coronavirus, minorities, news, police, statistics, stop and search, young persons by sally

‘Young black men were stopped and searched by police more than 20,000 times in London during the coronavirus lockdown – the equivalent more than a quarter of all black 15- to 24-year-olds in the capital.’

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The Guardian, 8th July 2020

Source: www.theguardian.com

Expanded Scope to the Package Holidays Regulations: An Overview – 33 Bedford Row

Posted July 8th, 2020 in chambers articles, consumer protection, coronavirus, holidays, news by sally

‘The package travel industry is going through unprecedented times, however, there may be some positive signs on the horizon. Travel is likely to return and, as Augustine of Hippo said, the world is a book and those who do not travel only read one page. Taking a long term view, it might be said that, in keeping with Augustine’s description of the world, people will continue to read as many pages as possible, because normally, holiday travel is a key event in most people’s annual calendar. It is estimated that 9 in 10 people from the UK went on a holiday in 2019 and in the same year, outbound travel contributed £37.1Bn to the UK economy.’

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33 Bedford Row, 6th July 2020

Source: www.33bedfordrow.co.uk

Coronavirus and property: keep taking the medicine – Falcon Chambers

‘In the midst of the coronavirus pandemic Parliament has been, and continues to be, very active. This note provides a quick update in relation to the latest developments on four fronts: (1) forfeiture; (2) CRAR; (3) insolvency; (4) planning.’

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Falcon Chambers, 29th June 2020

Source: www.falcon-chambers.com

‘Breathing space’: the impact of a more consensual approach – 3 Hare Court

‘On 27 April 2020 the British Institute of International and Comparative Law (BIICL) published Breathing Space – a Concept Note on the effect of the pandemic on commercial contracts. The central thesis is that to mitigate the damaging effects of COVID-19 on the global economy, private law should encourage compromise and mediation rather than a zero-sum rush to terminate contracts and then to litigation and arbitration.

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3 Hare Court, 29th June 2020

Source: www.3harecourt.com

Attending a court to give evidence for the employer is not ‘‘work’’ for the purposes of the ‘furlough’ scheme – 3PB

‘According to a report in the Nottinghamshire Law Society Civil Court User Bulletin No 5. HHJ Godsmark QC, on an application to vacate a trial on account of the Defendant’s witnesses being “furloughed”, stated that, “attending a court to give evidence for the employer is not ‘work’ and certainly not work within the meaning of the furlough scheme”.’

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3PB, 3rd July 2020

Source: www.3pb.co.uk

COVID 19: an update on remote hearings and making them effective – 3PB

Posted July 8th, 2020 in chambers articles, civil justice, coronavirus, news, remote hearings by sally

‘Much has been written about the dramatic decrease in civil hearings as a result of the COVID 19 pandemic. A survey conducted by Kate Brunner QC and I for the Western Circuit showed a 75% decrease in the number of hearings and a 58% reduction in work done by the Bar.’

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3PB, 6th July 2020

Source: www.3pb.co.uk

MoJ favours ‘Nightingale’ crown courts to tackle huge backlog of cases – Thomas More Chambers

‘So reports Owen Bowcott, the legal affairs correspondent for The Guardian today. “Nightingale” courts being venues which have been identified as suitable for trials utilising public spaces such a civic centres or university moot halls; apparently to be renamed Blackstone Courts.’

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Thomas More Chambers, 3rd July 2020

Source: www.thomasmore.co.uk

Air Travel in the Time of Coronavirus: Taxiing for Take-off Again – New Law Journal

Posted July 8th, 2020 in airlines, coronavirus, news, statistics, transport by sally

‘The impact of the COVID-19 pandemic on global air travel has been unprecedented. The UN agency, the International Civil Aviation Organization (ICAO), estimates that for the first quarter of 2020, there has been a reduction of 612 million passengers compared with 2019, with domestic and international air traffic expected to decrease by 50% for 2020 as a whole, as compared to 2019 figures. The global trade body, the International Air Transport Association (IATA), estimates US$419bn worth of lost revenue for airlines, representing roughly a 50% reduction in revenues when compared with 2019.’

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New Law Journal, 24th June 2020

Source: www.newlawjournal.co.uk

“Tsunami of post-Covid litigation” could overwhelm courts – Litigation Futures

Posted July 8th, 2020 in civil justice, coronavirus, courts, delay, news by sally

‘A “tsunami of litigation” powered by the Covid-19 pandemic could leave the civil justice system “overwhelmed” by the end of the year, a well-known solicitor and ADR specialist has predicted.’

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Litigation Futures, 8th July 2020

Source: www.litigationfutures.com