I do declare! Could a test case on remote witnessing wills be brought before death? – Hardwick Chambers

Posted June 10th, 2020 in chambers articles, coronavirus, executors, news, wills by sally

‘In this post, I address the question of whether or not a test case on remote witnessing could be brought now by a testator who has attempted to make a will using videoconferencing technology.’

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Hardwicke Chambers, 1st June 2020

Source: hardwicke.co.uk

Family President predicts “very radical reduction” in amount of time that courts afford to each hearing – Local Government Lawyer

Posted June 10th, 2020 in coronavirus, delay, families, family courts, news, remote hearings by sally

‘It is unlikely that anything approaching a return to the normal court working environment will be achieved before the end of 2020 “or even the spring of 2021”, the President of the Family Division has said.’

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Local Government Lawyer, 9th June 2020

Source: www.localgovernmentlawyer.co.uk

Jake Hinks: The Coronavirus Act 2020: An Example of ‘Excessive Executive Dominance’ – UK Constitutional Law Association

‘The concept of executive dominance should be split into two: natural and excessive executive dominance. Executive dominance is the executive’s power to control, impede or perform the role of another branch of the constitution. The UK constitution lacks a clear-cut distinction between the three organs of the state and has evolved to achieve a balance between the three branches. The relationship between and the responsibilities of the executive and legislature are overlapping. In this evolved constitutional setup, natural executive dominance is necessary for the executive to carry out its constitutional role and the UK’s constitution to operate efficiently. Natural dominance is a consequence of the working of the UK constitution.’

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UK Constitutional Law Association, 9th June 2020

Source: ukconstitutionallaw.org

Can a clinical negligence trial be heard remotely? – UK Human Rights Blog

Posted June 10th, 2020 in chambers articles, coronavirus, hospitals, negligence, news, remote hearings by sally

‘Since lockdown the courts (and legal representatives) have been striving to hold remote hearings where possible. This had led to a flurry of new guidance (see for example CPR section AA Guidance for Queen’s Bench Division Court Users) — and the ability to view bookshelves in the studies of judges and legal representatives.’

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UK Human Rights Blog, 9th June 2020

Source: ukhumanrightsblog.com

The Return of English Football: Project Restart and the Duty of Utmost Good Faith – Littleton Chambers

Posted June 10th, 2020 in chambers articles, coronavirus, news, sport by sally

‘Ashley Cukier and Anirudh Mathur explore the duty of “utmost good faith” in the context of the PL and EFL Rules.’

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Littleton Chambers, 4th June 2020

Source: littletonchambers.com

COVID-19, Risk Assessments and Implementing Health and Safety Measures for a Return to Work – Thomas More Chambers

‘On 10 May 2020, the Prime Minister announced changes in the Government’s guidance on working. All employees and workers who could work from home should continue to do so, but those who could not should return to their workplace.’

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Thomas More Chambers, 8th June 2020

Source: www.thomasmore.co.uk

Covid-19 being used to “stall” brain injury claims – Litigation Futures

‘Just over a quarter (26%) of defendants are using Covid-19 as an excuse to stall brain injury claims, despite guidelines urging the parties to take a consensual approach, research has suggested.’

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Litigation Futures, 9th June 2020

Source: www.litigationfutures.com

Retailers and social distancing – what does the latest guidance say? – Six Pump Court

‘We all know what the “2 metre” rule is – how does that translate to retailers and what does the latest guidance say?’

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Six Pump Court, 8th June 2020

Source: www.6pumpcourt.co.uk

Speeding up the property buying process – Legal Futures

Posted June 10th, 2020 in conveyancing, coronavirus, estate agents, housing, news by sally

‘Speeding up the process of property buying and selling has taken on new urgency following the conveyancing market meltdown due to Covid-19.’

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Legal Futures, 9th June 2020

Source: www.legalfutures.co.uk

Suspension of evictions extended by 2 months – St Ives Chambers

‘Despite the government’s general stance on relaxation of lockdown and the recommendations of the Housing, Communities and Local Government Select Committee, the ban on taking active steps in possession claims or seeking to enforce possession orders has been extended until 23 August. This was following advice from the Lord Chancellor and the Civil Procedure Rules Committee.’

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St Ives Chambers, June 2020

Source: www.stiveschambers.co.uk

Self-quarantine measures for international travellers – the prospects of a legal challenge – 3 Hare Court

‘Christopher Loxton examines the legislation, and the prospects of potential legal challenges, and concludes that the Government is likely to face substantial difficulties in providing adequate legal justification for the self-quarantine measures contained in the legislation.’

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3 Hare Court, 9th June 2020

Source: www.3harecourt.com

The Family Court and COVID-19: The Road Ahead – Courts and Tribunals Judiciary

Posted June 10th, 2020 in coronavirus, family courts, news, remote hearings by sally

‘Sir Andrew McFarlane, President of the Family Division, has today published “The Road Ahead” for the Family Court in England and Wales.’

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Courts and Tribunals Judiciary, 9th June 2020

Source: www.judiciary.uk

What are the UK’s new quarantine rules? – The Guardian

Posted June 9th, 2020 in airlines, coronavirus, health, news, regulations by sally

‘The UK’s new quarantine rules have come into effect from today. What are the new restrictions on international arrivals and how will they be enforced?’

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The Guardian, 8th June 2020

Source: www.theguardian.com

Charity launches High Court challenge over dilution of children’s social care duties during COVID-19 – Local Government Lawyer

‘A children’s rights charity is to ask the High Court to quash a statutory instrument that introduced significant changes to children’s social care law during the coronavirus pandemic.’

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Local Government Lawyer, 8th June 2020

Source: www.localgovernmentlawyer.co.uk

New instructions “returning to pre-lockdown levels” – Legal Futures

Posted June 9th, 2020 in coronavirus, legal services, news, solicitors, statistics by sally

‘New instructions have been running at about 70% of the pre-lockdown level over the past two and a half months, but there are definite signs of a revival, with conveyancing roaring back, new figures have shown.’

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Legal Futures, 9th June 2020

Source: www.legalfutures.co.uk

UK ministers face legal challenge for refusal to order PPE inquiry – The Guardian

Posted June 9th, 2020 in coronavirus, hospitals, judicial review, news, protective equipment by sally

‘Ministers are facing a high court legal challenge after they refused to order an urgent investigation into the shortages of personal protective equipment faced by NHS staff during the coronavirus pandemic.’

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The Guardian, 8th June 2020

Source: www.theguardian.com

Master of Rolls sets up working group as concerns expressed about end to stay on housing possession claims – Local Government Lawyer

‘The Master of the Rolls, Sir Terence Etherton, has established a cross-sector working group to address concerns about the consequences of the current stay on housing possession claims ending.’

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Local Government Lawyer, 5th June 2020

Source: www.localgovernmentlawyer.co.uk

SRA to press ahead with launch of SQE in autumn 2021 – Legal Futures

‘The Covid-19 crisis will not stop the introduction of the Solicitors Qualifying Exam (SQE) in September 2021, the Solicitors Regulation Authority (SRA) has decided.’

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Legal Futures, 8th June 2020

Source: www.legalfutures.co.uk

How to observe remote hearings in the Court of Protection -Transparency Project

Posted June 8th, 2020 in coronavirus, Court of Protection, news, remote hearings by sally

‘ “Open justice” is a cornerstone of the legal system for England and Wales. The Court of Protection makes life-changing decisions on behalf of vulnerable people, such as where they live, who they can have contact with, what medical treatments they must have. These are decisions with huge consequences for the person at the centre of the case (known as “P”), and for their family – and they engage fundamental human rights. There is a clear and legitimate public interest in knowing what decisions are made by the courts and how those decisions are made.’

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Transparency Project, 7th June 2020

Source: www.transparencyproject.org.uk

Tenant eviction ban in England and Wales extended by two months – The Guardian

‘The government has extended its ban on evictions in England and Wales by a further two months, prolonging the breathing space for thousands of tenants who have struggled to pay the rent during lockdown.’

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The Guardian, 6th June 2020

Source: www.theguardian.com