‘In view of the potential new financial risks posed by the Corona Virus pandemic, Cameron Brown QC and Sam Smart (Pupil Barrister) from Red Lion Chambers review the work of the FCA in tackling financial crime and the new challenges it may face.’
Red Lion Chambers, 26th May 2020
Source: www.redlionchambers.co.uk
‘In the context of an employer’s duty to provide PPE to protect against exposure to the novel coronavirus, the focus is likely to be on two sets of domestic health and safety regulations: The Personal Protective Equipment at Work Regulations 1992 (PPE Regulations), and the Control of Substances Hazardous to Health Regulations 2002 (COSHH). The application of the latter should disapply the former, but the two will be considered together.’
Ropewalk Chambers, 6th May 2020
Source: www.ropewalk.co.uk
‘Employers owe a personal or non-delegable duty of care to their employees at common law, which extends to the provision of PPE. Neill LJ in Crouch -v- British Rail Engineering Ltd [1988] I.R.L.R. 404 said that the extent of the duty in respect of PPE would depend on:
“the risk of injury, the gravity of any injury which may result, the difficulty of providing equipment … the availability of that protective equipment … and the distance which any individual workman might have to go to fetch it, the frequency on which the [claimant] was likely to need that protective clothing or equipment and, last but not least, the experience and degree of skill to be expected of the [claimant].”’
Ropewalk Chambers, 5th May 2020
Source: www.ropewalk.co.uk
‘A review of the number ways Covid-19 can effect the progression and outcome of housing cases and how practitioners can continue to engage in effective case management during this challenging period.’
St Ives Chambers, 19th May 2020
Source: www.stiveschambers.co.uk
‘The country is going to start to try and emerge from the lockdown, which was imposed to try and slow the spread of coronavirus. Guidance provided on 10.05.2020 was that some employees, who cannot work from home, should go to work. Coronavirus is still with us, so the Government has produced guidance on how employers can implement social distancing measures so as to make the workplace safe for its workers. For instance, employers are told that they might consider staggering start times; providing handwashing facilities or hand sanitiser at entrances; reducing congestion by opening multiple entrances, having one-way flow, discouraging non-essential trips; or rearranging workstations. The list goes on, but there are perhaps infinite ways in which employees can be protected in any particular workplace.’
St John's Buildings, 18th May 2020
Source: stjohnsbuildings.com
‘Last week saw the first reading in the House of Commons of the Corporate Insolvency and Governance Bill [“CIGB”], which is the Government’s attempt to mitigate the impact of COVID-19 on businesses which should otherwise have been viable. From a parliamentary point of view, it is still at an early stage but, given the importance and urgency of this piece of legislation, it is worth considering some of the key points which arise from a high-level overview, so that you and your clients can try to plan accordingly. Not all of the provisions will survive into the finalised Act, but early Bills are often a good indicator of the overall aims of the legislation. This article does not deal with each and every point to arise from the CIGB, which currently runs to 238 pages including 14 Schedules, but signposts the crucial areas.’
St Philips Barristers, 25th May 2020
Source: st-philips.com
‘The “COVID-19 Guidance Tracker” is a new resource set up by the Regulatory team at Six Pump Court which is designed to enable businesses and legal professionals to more easily navigate to the applicable COVID-19 guidance that is most relevant to their area of work.’
Six Pump Court, May 2020
Source: www.6pumpcourt.co.uk
‘The variety of criminal offences created as part of HM Government’s response to the current Covid-19 pandemic has caused a discomforting amount of confusion for individuals, police, criminal practitioners, and courts. This brief article makes the small suggestion that, in the very short term, criminal defence practitioners may wish to seek adjournments for any prosecutions under the Public Health (Coronavirus, Restrictions) (England) Regulations 2020 (“the Lockdown Regulations”) pending a judicial review of the lawfulness of the Regulations.’
Thomas More Chambers, 18th May 2020
Source: www.thomasmore.co.uk
‘The automatic stay on possession proceedings during the coronavirus crisis applies to appeals that were underway when the stay took effect, the Court of Appeal has ruled.’
Litigation Futures, 28th May 2020
Source: www.litigationfutures.com
‘How should individuals conduct themselves during a public health emergency, and more specifically how much reliance should we have on “instinct” and “rules”? Dominic Cummings, the Prime Minister’s chief adviser, has been accused of breaking the social distancing rules. The allegations revolve around travelling from London to Durham to isolate himself and his family, as well as taking additional trips whilst in that isolation. The specific law he is alleged to have breached is regulation 6 of the Health Protection (Coronavirus, Restrictions) (England) Regulations 2020. Regulation 6(1) provides that “During the emergency period, no person may leave or be outside of the place where they are living without reasonable excuse.” In the course of defending his adviser, the Prime Minister argued that “he followed the instincts of every father” in seeking to protect his family. In response, Independent journalist Tom Peck stated that; “There is no guidance in place anymore, none at all. Just do what Dominic Cummings did and ‘follow your instincts’ and you’ll end up in the right place”.’
UK Constitutional Law Association, 28th May 2020
Source: ukconstitutionallaw.org
‘The Housing Law Practitioners Association (HLPA) has condemned proposals for resumed possession hearings in London courts as “unconscionable” and “naïve”.’
Local Government Lawyer, 28th May 2020
Source: www.localgovernmentlawyer.co.uk
‘The suspension of possession proceedings due to the COVID-19 outbreak applies to appeals as well as new cases, the Court of Appeal has ruled.’
Local Government Lawyer, 28th May 2020
Source: www.localgovernmentlawyer.co.uk
‘Remote hearings have been a successful emergency measure but should not be taken as establishing a settled mode of operation for the family courts after Covid-19, a leading judge has warned.’
Legal Futures, 26th May 2020
Source: www.legalfutures.co.uk
‘Cases involving bigamy are relatively rare, and the judgment of Williams J in Padero-Mernagh v Mernagh provides a useful analysis of the relevant law in that regard. Of particular note, however, is the way in which the final hearing was dealt with remotely, in light of the COVID-19 pandemic.’
Family Law, 28th May 2020
Source: www.familylaw.co.uk
‘Conveyancers and other property stakeholders have called on Chancellor Rishi Sunak to allow them to move staff in and out of furlough on a weekly basis as the home-moving market recovers.’
Legal Futures, 26th May 2020
Source: www.legalfutures.co.uk
‘The Law Society has urged the President of the Family Division to issue “best practice” and “top tips” rather than full prescriptive guidance on remote hearings.’
Local Government Lawyer, 27th May 2020
Source: www.localgovernmentlawyer.co.uk
‘Five suicides have been recorded in prisons in England and Wales in just six days, the Guardian understands, fuelling fears that a highly restrictive regime in place to combat the spread of the coronavirus is having a devastating impact on inmates.’
The Guardian, 28th May 2020
Source: www.theguardian.com
‘COVID-19 has taken a hammer to the already fragile transparency in our justice system. Open justice means that justice must not only be done but must be seen to be done. While journalists and court reporters can bring what happens in court to houses around the country, public access to our courts ensures judges and lawyers are sufficiently scrutinised. The coronavirus pandemic and the transition to virtual courts has all but severed public access to magistrates’ courts, risking the routine occurrence of miscarriages of justice with little prospect of correction.’
Transparency Project, 27th May 2020
Source: www.transparencyproject.org.uk
‘The economic consequences of the COVID-19 pandemic are putting incredible pressures on companies of all kinds and sizes. The UK Government has been at pains to signal its support for business during the COVID-19 pandemic, most notably the furloughing scheme and company loans announced by the Chancellor, and further announcements by the Business Secretary seeking to reduce the burden on businesses and keep companies running.’
3 Hare Court, 11th May 2020
Source: www.3harecourt.com
‘The pandemic has led to big changes in trials, many of of which are likely to be permanent.’
The Guardian, 24th May 2020
Source: www.theguardian.com
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