Category: coronavirus

CV19 and Corporate insolvency – Thomas More Chambers

Posted April 21st, 2020 in chambers articles, coronavirus, employment, insolvency, news by sally

‘On March 28, 2020 the government announced emergency insolvency initiatives to assist businesses through the CV19 lockdown and its aftermath. With UK SME’s (i.e. under 250 employees) facing an unprecedented existential threat from CV19, it is clear that help is needed to enable them to keep trading if they possibly can. The Government’s Coronavirus Job Retention Scheme will clearly help in the short term with employees but what of the underlying business structures? What help is there to keep companies away from the insolvency courts?’

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Thomas More Chambers, 14th April 2020

Source: www.thomasmore.co.uk

COVID-19 and employment law in the UK – OUP Blog

Posted April 21st, 2020 in coronavirus, emergency powers, employment, holiday pay, news, remuneration, sick leave by sally

‘The last couple of weeks have seen a raft of new legislation in the United Kingdom, hurriedly passed to deal urgently with the coronavirus situation. It has clearly been drafted quickly, with guidance that goes well beyond the legislation, and so this has led to some confusion as to what exactly the law now says.’

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OUP Blog, 21st April 2020

Source: blog.oup.com

Conall Mallory: The Right to Life and Personal Protective Equipment – UK Constitutional Law Association

Posted April 21st, 2020 in constitutional law, coronavirus, emergency services, health, health & safety, hospitals, human rights, news by sally

‘Military analogies have been deployed with vigour in the early weeks of the United Kingdom’s battle against COVID-19. Initially the government told the public to ‘keep calm and carry on’. When the lockdown came, the Prime Minister ‘enlisted’ us all to slow its spread. A ‘war cabinet’ was formed and those in the health and social care sectors, who would be most regularly exposed to the virus, were referred to as being on the ‘frontline’ of the battle.’

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UK Constitutional Law Association, 21st April 2020

Source: ukconstitutionallaw.org

Christopher Rafferty explores possible changes to Credit Hire Claims during COVID 19 – Park Square Barristers

Posted April 21st, 2020 in chambers articles, civil procedure rules, coronavirus, news by sally

‘We find ourselves in unprecedented times, daily life as we know it brought to a standstill. Professionally we are all looking at work in a different light, attempting to predict the impact Covid-19 will have on our respective areas of practice.’

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Park Square Barristers, 6th April 2020

Source: www.parksquarebarristers.co.uk

Covid 19 Employment Law Series: Covid-19 and Loss of Earnings – Parklane Plowden

Posted April 21st, 2020 in chambers articles, compensation, coronavirus, employment, news, unfair dismissal by sally

‘It is to be expected that the current pandemic will result in employers seeking to rely on economic hard times with a view to curtailing employees’ claims for loss of earnings and financial benefits. This will typically be through reliance on the contention that the employees would have been dismissed in any event and any compensation for loss of remuneration should therefore, be extinguished or reduced. In some cases, there will be genuine grounds for such a stance, whilst opportunism could be the driver in others. Thus far, there is no indication that significant job losses are predicted in central and local government and in public services sector. What is said hereafter is applicable principally to employment outside the public sector. This article deals both with ordinary unfair dismissal claim and claims in Great Britain based on protected status where there is no cap on compensation.’

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Parklane Plowden, 7th April 2020

Source: www.parklaneplowden.co.uk

Carluccio’s, Covid-19 and Catch 22: The Furlough Scheme and paragraph 99(5) of Schedule B1 to the Insolvency Act 1986 – Hardwicke Chambers

Posted April 21st, 2020 in administrators, chambers articles, coronavirus, emergency powers, employment, insolvency, news by sally

‘The judgment Re Carluccio’s Ltd [2020] EWHC 886 (Ch) provides some much-needed clarity on the interrelation of the Furlough Scheme and the requirements of insolvency legislation. It is to be commended for its clarity and for the fact that it had to construe the workings of the Furlough Scheme in the absence of any statutory guidance as to its implementation. It is to be hoped that, when the Government comes to enact the necessary legislative measures (including perhaps amendments to Schedule B1 and IR 2016), that it does so with this judgment very firmly in mind.’

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Hardwicke Chambers, 14th April 2020

Source: hardwicke.co.uk

EP 108: Renewed lockdown, new guidance: new episode – Dominic Ruck Keene & Darragh Coffey – Law Pod UK

Posted April 21st, 2020 in barristers, coronavirus, emergency powers, enforcement, human rights, judiciary, news by sally

‘Rosalind English talks to two barristers who happen to have served in the armed forces before going to the law, so they know something about emergencies and personal protective equipment. Dominic Ruck Keene and Darragh Coffey consider the probable attitude of the judiciary to any challenges regarding the government’s responsibility for preparedness, lockdown, and their their obligations under Articles 2 and 5 of the European Convention on Human Rights, as well as Article 11. How are we as a society, and the government, going to regard the question of “judicial activism” in this unprecedented situation in a post-pandemic UK?’

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Law Pod UK, 20th April 2020

Source: audioboom.com

Civil Procedure, Litigation and the Coronavirus (Part 3) – Blackstone Chambers

Posted April 21st, 2020 in chambers articles, civil justice, civil procedure rules, coronavirus, courts, human rights, news by sally

‘In the final part of our three-part mini-series: Civil Procedure, Human Rights and the Coronavirus, we consider how litigators may use the civil procedure rules to drive litigation forward in the time of coronavirus.’

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Blackstone Chambers, 14th April 2020

Source: coronavirus.blackstonechambers.com

COVID-19 and “Force Majeure” of contracts? – Not so Fast – 3PB

Posted April 21st, 2020 in chambers articles, contracts, coronavirus, news by sally

‘Force majeure is a continental law (Civil Code) concept addressing, in very general terms, some event or circumstance that causes the inability to perform obligations under a contract.’

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3PB, 3rd April 2020

Source: www.3pb.co.uk

Mass Redundancy in a Covid-Crisis: Don’t Forget the Basics – Thomas More Chambers

Posted April 21st, 2020 in chambers articles, coronavirus, emergency powers, employment, news, redundancy by sally

‘Employers looking to make 20 or more employees redundant must comply with rigorous procedural safeguards under the Trade Union and Labour Relations (Consolidation) Act 1992 (“TULRCA”). Although the disruption caused by Covid-19 may force many employers to suddenly and unexpectedly consider a collective redundancy exercise, these safeguards remain unchanged by HM Government’s recent emergency legislation. Failure to follow the correct procedure can expose employers to liability for protective awards, although the current pandemic may well assist in establishing a defence of “special circumstances”.’

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Thomas More Chambers, 16th April 2020

Source: www.thomasmore.co.uk

Socially distanced courts for the digitally excluded – Transparency Project

Posted April 21st, 2020 in coronavirus, courts, equality, internet, live link evidence, news by sally

‘We have heard a lot about how the courts are responding to the coronavirus pandemic by conducting hearings online instead of in a physical court room. But while hearings by Skype and Zoom enable participants to maintain social distancing and avoid the risks of contagion, they may not work for everyone. Is there another way of delivering justice to the digitally excluded?’

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Transparency Project, 19th April 2020

Source: www.transparencyproject.org.uk

PI protocol extended after hundreds sign up – Litigation Futures

Posted April 21st, 2020 in coronavirus, law firms, limitations, news, personal injuries, time limits by sally

‘The protocol aimed at cutting out opportunistic tactics by either claimants or defendants in personal injury (PI) cases during the Covid-19 pandemic has been extended to at least 20 May.’

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Litigation Futures, 20th April 2020

Source: www.litigationfutures.com

Christopher Rafferty discusses Non-statutory guidance in the private and social rented sectors – Park Square Barristers

Posted April 21st, 2020 in chambers articles, coronavirus, housing, landlord & tenant, news by sally

‘In these strange and confusing times, every aspect of our legal system has been touched by delays, adjournments, revision and fundamental change. The management of housing, so reliant on face-to-face contact at all stages, has been subject to significant amendment.’

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Park Square Barristers, 14th April 2020

Source: www.parksquarebarristers.co.uk

COVID-19 Legislation: The uncertainty is infectious – St John’s Buildings

Posted April 21st, 2020 in chambers articles, coronavirus, emergency powers, enforcement, freedom of movement, news, statutory interpretation by sally

‘Society is experiencing the biggest Government led restriction of movement since the Second World War, instigated by The Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 which came into force at 1pm on 26th March 2020.’

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St John's Buildings, 15th April 2020

Source: stjohnsbuildings.com

Coronavirus and the Proceduralisation of Rights – Oxford Human Rights Hub

Posted April 21st, 2020 in constitutional law, coronavirus, emergency powers, human rights, judicial review, news by sally

‘The House of Lords Constitution Committee recently published its recommendations in relation to the government’s fast-tracked Coronavirus Bill 2020. The House of Lords debates have welcomed the government’s decision not to derogate from the ECHR (in contrast to several other contracting parties). However, in seeking to ensure ECHR-compliance of the proposed scheme, the Committee placed significant emphasis on the availability of judicial review and administrative oversight of the powers contained therein to ensure their legality and constitutional acceptability. In this piece I suggest that, whilst these suggestions are no doubt welcome, the Committee’s focus on procedure rather than on the substantive requirements of human rights is indicative of wider concerning trends in human rights discourse.’

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Oxford Human Rights Hub, 9th April 2020

Source: ohrh.law.ox.ac.uk

Remote Hearings: A Practical Guide to Case Management – 3PB

Posted April 21st, 2020 in case management, chambers articles, coronavirus, courts, live link evidence, news, remote hearings by sally

‘It is a brave new world. The lockdown brought about by the coronavirus crisis is forcing the hand of our infamously old-fashioned profession to adapt quickly or lose myriad court dates; leaving our clients without satisfactory and timely resolutions to their disputes.’

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3PB, 19th April 2020

Source: www.3pb.co.uk

Is the Lockdown Lawful? An overview of the debate – UK Human Rights Blog

Posted April 21st, 2020 in coronavirus, emergency powers, enforcement, human rights, news, statutory interpretation by sally

‘The Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 were made by the Health Secretary on 26 March 2020. Understandably, given the speed with which the crisis was and still is developing, the Regulations were made using a statutory emergency procedure, meaning that they were not subject to Parliamentary scrutiny. They have yet to be challenged in the courts. In the meantime, a lively and important debate has developed about whether those regulations are lawful.’

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UK Human Rights Blog, 20th April 2020

Source: ukhumanrightsblog.com

Lessons to be Learned from the Marie Dinou Case – Pump Court Chambers

Posted April 21st, 2020 in chambers articles, coronavirus, emergency powers, enforcement, news, police by sally

‘Marie Dinou, the woman from York convicted of a non-existent coronavirus offence after being found “loitering between platforms” at Newcastle railway station was lucky to be charged with something newsworthy. Had hers been a mundane motoring charge it is highly unlikely that anyone would have spotted that her treatment by the police and the justice system was stupid, incompetent and unlawful.’

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Pump Court Chambers, 7th April 2020

Source: www.pumpcourtchambers.com

European Court of Human Rights to Consider Impact of Covid-19 – UK Human Rights Blog

Posted April 21st, 2020 in coronavirus, detention, drug offences, health, human rights, imprisonment, news by sally

‘The applicant in Hafeez is a sixty-year old man with a number of health conditions, including diabetes and asthma. He was arrested pursuant to a request by the US Government for his extradition on drugs charges. He challenges the decision to extradite him, arguing that his pre-conviction and post-conviction detention conditions in the US would be inhuman and degrading; and that there is a real risk that he would be sentenced to life imprisonment without the possibility of parole.’

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UK Human Rights Blog, 18th April 2020

Source: ukhumanrightsblog.com

Covid 19 Employment Law Series: Insolvent Employers, Redundancy, and Covid 19 – Parklane Plowden

Posted April 21st, 2020 in chambers articles, coronavirus, employment, insolvency, news, redundancy by sally

‘Covid 19 has already had a tragic impact upon the health of many in the UK. One notable other consequence however, has been the impact upon the British economy.’

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Parklane Plowden, 3rd April 2020

Source: www.parklaneplowden.co.uk