Re Carluccio’s Limited (in Administration) – Pump Court Chambers

‘It should be noted from the outset that Snowden J’s judgment in Re Carluccio’s is not binding. There were no representative employees or interested parties during the remote video hearing so the judgment does not bind the employees or the government.’

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Pump Court Chambers, 22nd April 2020

Source: www.pumpcourtchambers.com

SRA allows trainees to qualify before completing PSC – Legal Futures

‘Trainee solicitors will be able to qualify without first completing the professional skills course (PSC) because of the Covid-19 outbreak, the Solicitors Regulation Authority (SRA) has decided.’

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Legal Futures, 24th April 2020

Source: www.legalfutures.co.uk

The Pubs Code and the Crisis in the Hospitality Industry – Falcon Chambers

Posted April 24th, 2020 in chambers articles, coronavirus, licensed premises, news by sally

‘Unfortunately, for both pub tenants and pub landlords, under regulation 4 of the Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 (“the Emergency Regulations”), a person responsible for running a pub (amongst various other types of business) must close any premises (or part thereof) in which food and drink are sold for consumption on those premises during the emergency period defined in regulation 3. Any customers would also breach regulation 6 by leaving the place they were living without reasonable excuse.’

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Falcon Chambers, April 2020

Source: www.falcon-chambers.com

EHRC warning on use of video hearings in criminal cases – Legal Futures

‘The Equality and Human Rights Commission (EHCR) has called on the government to take action to reduce the risk of disabled people being wrongly convicted because of video hearings in criminal cases.’

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Legal Futures, 24th April 2020

Source: www.legalfutures.co.uk

What Standard of Care Should Hospitals be Held to in the COVID-19 Outbreak? – 39 Essex Chambers

‘It is no secret that Covid-19 is placing huge strain on the NHS, with ramifications across all parts of an already stretched organisation. Hospitals nationwide have been told to prepare for a tsunami of patients demanding very high levels of care. They are having to do so while facing staff shortages and worries over the supply of essential equipment. In an effort to cope, retired doctors and not-yet-fully qualified doctors have been drafted in. In such circumstances, it is inevitable that accidents will happen and errors will be made. Once all of this is over, it is a regrettable fact that litigation will ensue. Will the law step up to protect the professionals who have done so much to save lives and ready the nation for the post-corona world? This short article argues that it can and should, most obviously by recognising that desperate circumstances should be reflected in the standard of care applied to hospitals and medical professionals working in response to Covid-19.’

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39 Essex Chambers, 22nd April 2020

Source: www.39essex.com

The lawfulness of the Coronavirus Restrictions Legislation imposing ‘Lockdown’ – UK Police Law Blog

‘The Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 and the similar (but not identical) regulations made in the other 3 nations of the UK (together, “the ‘Lockdown’ Regulations”) have been suggested by some to be unlawful (being ultra vires their parent statute) insofar as they purport to criminalise all those leaving the places where they are living, as opposed to merely those who may be infected. This blog examines the main arguments and explains the legal consequences if those arguments are right.’

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UK Police Law Blog, 23rd April 2020

Source: ukpolicelawblog.com

P (A Child: Remote Hearing) (Rev 3) [2020] EWFC 32: When is remote justice not justice? – Transparency Project

‘Re P (A Child: Remote Hearing) (Rev 3) [2020] EWFC 32 is a decision of the President of the Family Division and Head of Family Justice, Sir Andrew McFarlane, about whether or not a 15 day trial should go ahead remotely. The trial was set down within care proceedings to determine very serious allegations that the mother had harmed her seven-year-old daughter by fabricating or inducing illness (known in the trade as FII).’

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Transparency Project, 23rd April 2020

Source: www.transparencyproject.org.uk

Resuscitation and the value of a disabled person’s life: Triaging and Covid19 – Cloisters

‘What is your life worth? If you get Covid19, what criteria do you want clinicians to apply when triaging your case? Choices on withholding treatment have become starkly real in the Covid19 emergency. Such choices should be made on a basis respecting the dignity of the individual patient and not based on stereotypes relating to age or disability. The emergent guidance is not clear on these issues.’

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Cloisters, 22nd April 2020

Source: www.cloisters.com

The UK Government’s guidance on combating coronavirus in care homes is inconsistent with WHO standards – Doughty Street Chambers

‘This paper contributes a combined human rights perspective and an infection prevention and control perspective to the COVID-19 situation in long-term care homes in the UK.’

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Doughty Street Chambers, 21st April 2020

Source: insights.doughtystreet.co.uk

HMT Direction issued on furlough under the Coronavirus Job Retention Scheme – 11KBW

‘Since announcing the Coronavirus Job Retention Scheme (the “Scheme”) in mid-March, the Government has issued several iterations of Guidance which explain the Scheme – not all in the same way. On 15 April 2020, HMT issued the ‘Coronavirus Act 2020 Functions of Her Majesty’s Revenue and Customs (Coronavirus Job Retention Scheme) Direction’ (the “Direction”). It is the Direction which finally provides a basis in law for the Scheme and to which close attention should now be paid.’

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11KBW, April 2020

Source: www.11kbw.com

Commercial property landlords banned from demanding rent arrears – The Guardian

Posted April 24th, 2020 in coronavirus, debts, landlord & tenant, news, rent, repossession, winding up by sally

‘Commercial property landlords in the UK have been temporarily banned from taking legal action against tenants who have not paid their rent, to protect retailers and other businesses from “aggressive rent collection” during the coronavirus crisis.’

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The Guardian, 23rd April 2020

Source: www.theguardian.com

“The Devil Finds Work for Idle Hands” COVID-19’s Unwanted Cyber Side Effect – The 36 Group

Posted April 23rd, 2020 in chambers articles, computer crime, coronavirus, internet, news by sally

‘Cyber-crime is, at the best of times an evolving topic, in these exceptional times it is extremely fluid, as the ingenuity of the cybercriminal finds fertile ground upon which to prosper. We have in the recent past (literally) applauded the many positive actions that have emanated from this time extraordinary hardship and loss. Sadly, the recipe of “The devil finds work for idle hands” combined with the concept that the exceptional provides opportunity, cybercriminal ingenuity and a general state of latent fear, provides a meal of unrivalled opportunity for those with malevolent intent. The phrase “stay safe” is now of common occurrence. We need to be saying “stay safe” and “stay cyber safe” in these extraordinarily turbulent times.’

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The 36 Group, 22nd April 2020

Source: 36group.co.uk

Coronavirus & Arbitration: Institutional Responses, Challenges and Practical Tips (Part Two) – 39 Essex Chambers

‘In the second of two articles looking at the impact of coronavirus on international arbitration,[1] we consider the following two questions:

1. What challenges must arbitration overcome in order to fully adapt to the demands of remote working?
2. How, practically, can these challenges be met?’

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39 Essex Chambers, 23rd April 2020

Source: www.39essex.com

Coronavirus & Arbitration: Institutional Responses, Challenges and Practical Tips (Part One) – 39 Essex Chambers

‘The ongoing global pandemic created by Covid-19 (‘coronavirus’) has led to unprecedented restrictions on how we conduct our professional lives. In a matter of weeks, businesses around the world have had to make adjustments which, under different circumstances, would have been made over years – or not at all. The dispute resolution sector is no different.’

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39 Essex Chambers, 20th April 2020

Source: www.39essex.com

When is it unfair to conduct a hearing remotely? A look at Re P (A Child: Remote Hearing) [2020] EWFC 32 – St Philips Chambers

‘In the current climate the court and all parties are having to grapple with the thorny issue of the appropriateness for a family law hearing to proceed remotely; particularly concerning contested issues.’

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St Philips Chambers, 22nd April 2020

Source: st-philips.com

Access to justice in remote hearings in the Court of Protection and Family Courts – Spire Barristers

‘The Lord Chief Justice, the Master of the Rolls and President of the Family Division have written to Circuit and District Judges of the Civil and Family Courts to record their appreciation for the efforts being made across all parts of the judiciary to adapt to new styles of working during the pandemic. They observe that there has been a great deal that has been learned quickly about the practical benefits and limitations of conducting hearings remotely and extensive materials and support have been shared across the legal community to facilitate such hearings being undertaken.’

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Spire Barristers, 20th April 2020

Source: spirebarristers.co.uk

Covid19, Force Majeure and Frustration – Thomas More Chambers

Posted April 23rd, 2020 in chambers articles, contracts, coronavirus, news by sally

‘The Covid19 pandemic and subsequent lockdown have created chaos for many businesses, rendering performance of existing contractual obligations difficult or impossible. This article looks at the potential legal remedies available to businesses facing such difficulties.’

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Thomas More Chambers, 22nd April 2020

Source: www.thomasmore.co.uk

Young barristers spell out pandemic’s devastating financial toll – Legal Futures

‘Young barristers are being especially badly hit by the coronavirus crisis and they are unlikely to get much help from the government’s self-employment income support scheme (SEISS).’

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Legal Futures, 23rd April 2020

Source: www.legalfutures.co.uk

Ageism In The Age Of Covid-19 – Each Other

‘Older people are at risk of suffering worse outcomes amid the Covid-19 pandemic. But it is vital we acknowledge more than just their vulnerability.’

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Each Other, 22nd April 2020

Source: eachother.org.uk

A disproportionate interference: the Coronavirus Regulations and the ECHR — Francis Hoar – UK Human Rights Blog

‘The ‘lockdown’ imposed by the government to contain the coronavirus and Covid 19, the disease it causes has been enforced mainly through the Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 (‘the Regulations’), imposed under powers delegated by the Public Health (Control of Disease) Act 1984 (‘the 1984 Act’).’

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UK Human Rights Blog, 21st April 2020

Source: ukhumanrightsblog.com