Nyasha Weinberg and Claudia Pagliari: Covid-19 reveals the need to review the transparency and independence of scientific advice – UK Constitutional Law Association

Posted June 16th, 2020 in coronavirus, health, ministers' powers and duties, news by sally

‘The tragedy of Covid-19 demonstrates the profound, life-saving, importance of good advice. It is essential that the governance system enables the best possible provision of scientific advice, a mechanism for correcting sub-optimal advice, and clarity around the difference between scientific advice and political decision making.’

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UK Constitutional Law Association, 16th June 2020

Source: ukconstitutionallaw.org

Negligent advice warning over coronavirus jobs scheme – Legal Futures

Posted June 16th, 2020 in coronavirus, law firms, negligence, news, remuneration by sally

‘Lawyers and others who advised clients on the Coronavirus Job Retention Scheme (CJRS) are at risk of claims as the government looks to claw back payments to which recipients were not entitled, a professional negligence specialist has warned.’

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Legal Futures, 16th June 2020

Source: www.legalfutures.co.uk

Nazir Afzal joins legal fight for new inquiry into Dominic Cummings – The Guardian

‘Nazir Afzal, a former regional chief prosecutor, has joined a legal campaign for a new investigation into Dominic Cummings over alleged breaches of the coronavirus lockdown rules.’

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The Guardian, 14th June 2020

Source: www.theguardian.com

MPs offer hope for lawyers locked out of Covid-19 support – Legal Futures

‘The Law Society and Bar Council have urged the government to act on a report from MPs that that would help lawyers who have fallen through the gaps of the coronavirus support schemes.’

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Legal Futures, 16th June 2020

Source: www.legalfutures.co.uk

Employment lawyers should brace for advice rush – Legal Futures

Posted June 16th, 2020 in citizens advice bureaux, coronavirus, employment, news, redundancy by sally

‘Employment lawyers could be about to see a surge in enquiries, with data from Citizens Advice showing that people are becoming increasingly concerned about redundancy.’

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Legal Futures, 16th June 2020

Source: www.legalfutures.co.uk

Over 1,000 prison leavers left homeless amid pandemic, MoJ figures show – The Guardian

Posted June 16th, 2020 in coronavirus, homelessness, housing, news, prisons by sally

‘More than 1,000 prisoners were released into homelessness at the height of the coronavirus pandemic in England and Wales, figures show, prompting the government to increase funding for accommodation for prison leavers.’

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The Guardian, 15th June 2020

Source: www.theguardian.com

Regulation in the time of Coronavirus by Nicola Hoskins – Broadway House Chambers

‘At the moment, the phrase “business as usual” means anything but: business unusual, we might say. For some, it means a substantial part of the operation is running remotely; others are subject to extensive furloughs and others still will be seeing a downturn in demand or cashflow from which there may be no easy recovery. This is likely to be the case even as the restrictions begin to ease: social distancing and changes in consumer behaviour may result in remote working and smaller operations for some considerable time to come. Whatever the position, businesses will still be subject to regulatory oversight which may present more challenges than usual. This article will take a brief look at some of the key points, along with some practical considerations arising.’

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Broadway House Chambers, 8th June 2020

Source: broadwayhouse.co.uk

The price of an unreasonable refusal to engage: ADR, Litigation and cost consequences – 3PB

‘The touchstone of all ADR procedures is that parties enter into them voluntarily. However, there is an increasing body of case law in the English courts that suggests mediation should be seriously considered:

a. before litigation is entered into. Failure to do so may result in adverse or impacted
costs for a client, even if successful; and

b. in the course of litigation (instigated by the parties and increasingly with court
directions) an unreasonable refusal of a request to mediate may have bearing on
Part 36 offers and costs.

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3PB, 8th June 2020

Source: www.3pb.co.uk

Racism contributed to disproportionate UK BAME coronavirus deaths, inquiry finds – The Guardian

‘Racism and discrimination suffered by Britain’s black, Asian and minority ethnic people has contributed to the high death rates from Covid-19 in those communities, an official inquiry has found.’

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The Guardian, 14th June 2020

Source: www.theguardian.com

Turnover Rents for Retail – the Way Forward in Recession? Sharing the pain and (hopefully) the gain – Falcon Chambers

Posted June 15th, 2020 in chambers articles, coronavirus, landlord & tenant, news, rent by sally

‘Some legal property commentators have been wondering how a commercial open market rent can be set for business premises when the relevant valuation date falls during the lockdown period or will arrive in coming months. They bemoan the likely lack of comparables and wring their hands. Personally, I have great faith in the skillset of expert valuers’ to meet this particular challenge. However, for my part, the true question is whether such commentators are actually looking at matters through the right end of the telescope?’

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Falcon Chambers, May 2020

Source: www.falcon-chambers.com

New claims in High Court bounce back above 2019 level – Litigation Futures

Posted June 15th, 2020 in coronavirus, courts, dispute resolution, news, statistics by sally

‘High Court activity has already recovered to pre-Covid-19 levels following a sharp slump during the height of the outbreak, new research has found.’

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Litigation Futures, 15th June 2020

Source: www.litigationfutures.com

BA, easyJet and Ryanair begin court action over UK quarantine rules – The Guardian

‘Britain’s three biggest airlines have filed papers in the high court to seek an urgent judicial review of the government’s quarantine laws, which they say are having a devastating effect on tourism and the wider economy.’

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The Guardian, 12th June 2020

Source: www.theguardian.com

Matt Hancock faces legal action from daughter of Covid-19 care home victim – The Guardian

‘Matt Hancock is facing legal action from the daughter of a man who died from Covid-19 in a care home in which the health secretary is accused of a “litany of failures” and misleading the public with his claim to have “thrown a protective ring” around care homes.’

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The Guardian, 12th June 2020

Source: www.theguardian.com

What It’s Like Being A Black Lawyer Working In The UK’s Criminal Justice System In 2020 – Elle Magazine

‘Abimbola Johnson is a Black criminal defence barrister, whose experience of the justice system in the UK brings recent events in the US even closer to home.’

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Elle Magazine, 5th June 2020

Source: www.elle.com

Mediation – Don’t panic in the Pandemic – be prepared – 4-5 Gray’s Inn Square

‘The coronavirus pandemic and the current and continuing lockdown imposed by government has led to a number of consequences for the resolution of commercial disputes, and the administration of justice. First is where trials are being adjourned to uncertain dates, currently unable to take place due to the inability or unwillingness of people to attend court. Second is what is going to happen when the lockdown is eased or lifted, and disputes, which have been building up in the normal course, enter the system creating a backlog. Judges are understandably concerned that the courts and arbitral tribunals could face and potentially be overwhelmed by a wave of commercial cases. A number of these disputes will have arisen due to the parties’ inability to honour their contractual obligations due to the lockdown with complicated issues of law as to the remedies available.’

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4-5 Gray's Inn Square, 8th June 2020

Source: www.4-5.co.uk

Judicial early neutral evaluation during coronavirus, friend or foe? – No. 5 Chambers

‘Courts across the jurisdiction have struggled for years to run small claim and fast track lists efficiently in order to reduce the backlog. Coronavirus lockdown has brought this to a head, as cases are adjourned and the huge backlog is set to rise. Waiting several months, if not years, to have a case of modest value heard is contrary to the interests of justice. Memories fade, individuals cannot enforce their rights until the issue is litigated, the deserving go uncompensated, and the pressure to under-settle increases.’

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No. 5 Chambers, 1st June 2020

Source: www.no5.com

Ellie Mitten and Sophie Phillips discuss whether schools and universities are offering ‘reasonable’ alternatives and the meaning of the recent guidance. – Park Square Barristers

‘As the lockdown has progressed, it has become evident that the remote learning services being offered are of differing standards between institutions, with some offering services which are far superior to others. This is particularly so in the case of independent schools. Some independent schools are effectively offering pupils a full timetable, with plenty of contact time with teachers and opportunities to review work and consolidate learning. In contrast, other schools are offering little to no contact time with teachers – disseminating worksheets or PowerPoint presentations, but expecting parents to supervise and effectively teach topics, or for the child to be able to learn independently.’

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Park Square Barristers, 4th June 2020

Source: www.parksquarebarristers.co.uk

Safe workplaces and the commute to work – how far does section 44 of the Employment Rights Act 1996 go? – Six Pump Court

‘On 11 May 2020, the Government published practical Guidance[1] in a bid to encourage workplaces to be made as safe as possible for returning employees during the Covid-19 pandemic. Whilst the Guidance has been developed in consultation with unions and industry bodies, there still exists the very real possibility that employees do not have sufficient confidence that their workplaces are, in fact, ‘Covid-19 secure’ and consider that by returning, they have been subjected to a detriment by their employer.’

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Six Pump Court, 9th June 2020

Source: www.6pumpcourt.co.uk

COVID-19 Topics: The Basics of Individual Insolvency – Thomas More Chambers

Posted June 12th, 2020 in bankruptcy, chambers articles, coronavirus, debts, insolvency, news by sally

‘Beyond the medical and physical toll that Covid-19 is taking on sufferers and their families, the economic crisis with lockdown is also expected to lead to a surge in corporate and individual insolvencies. Individuals in particular are likely to be unfamiliar with their options when facing insolvency and with the procedures that aim to balance the twin goals of granting individuals relief from their debt whilst fairly distributing the individual’s assets to creditors.’

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Thomas More Chambers, 29th May 2020

Source: www.thomasmore.co.uk

The Coronavirus Job Retention Scheme: more holiday cancellations? – Littleton Chambers

Posted June 12th, 2020 in chambers articles, coronavirus, employment, holiday pay, holidays, news by sally

‘David Reade QC and Daniel Northall provide their fourth update on the Coronavirus Job Retention Scheme and examine the relationship between furlough and annual leave.’

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Littleton Chambers, 5th June 2020

Source: littletonchambers.com