Covid 19 Employment Law Series: Frustration: (Largely) unprecedented measures for unprecedented times? – Parklane Plowden

‘A contract may come to an end by operation of the doctrine of frustration when an unforeseen event makes performance impossible or radically different to what the parties originally intended. The doctrine applies to employment contracts as it does to other types of contract. However, it is an issue rarely encountered by employment lawyers. Tribunals are generally reluctant to find that an employment contract has been frustrated, largely because the doctrine allows employers to sidestep statutory protections afforded to employees. However, unprecedented times call for unprecedented measures, and frustration may become a useful tool in certain employers’ fight against the disruption caused by the Covid 19 pandemic.’

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Parklane Plowden, 1st April 2020

Source: www.parklaneplowden.co.uk

The impact of Coronavirus, part 2: attending hearings in the Crown Court remotely – 6KBW College Hill

‘On 25 March 2020, the Coronavirus Act 2020 (‘the 2020 Act’) was given Royal Assent. Most of its provisions came into force immediately (s. 87). Almost all of them will expire within two years (s. 89). As an additional safeguard, Parliament is required to conduct a review of the legislation every six months (s. 98). The 2020 Act has, at least for the time being, radically changed the appearance of proceedings in the Crown Court: there will now be hearings where neither the parties nor the judge will actually be in court at all.’

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6KBW College Hill, 2nd April 2020

Source: blog.6kbw.com

Receivership in the COVID-19 Crisis – Falcon Chambers

Posted April 20th, 2020 in chambers articles, coronavirus, news, receivers by sally

‘The Covid-19 crisis, and the Government’s containment measures, have had an extraordinary effect on business and society. This article looks at the legal implications for receiverships, focussing on the effect on existing receiverships.’

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Falcon Chambers, April 2020

Source: www.falcon-chambers.com

Coronavirus job retention scheme: what employers should do – OUT-LAW.com

Posted April 20th, 2020 in contract of employment, coronavirus, employment, holiday pay, news, remuneration by tracey

‘The UK Treasury has now published the formal rules of the Coronavirus Job Retention Scheme in the form of a Treasury direction, as well as announcing that the scheme will run until at least 30 June 2020.’

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OUT-LAW.com, 17th April 2020

Source: www.pinsentmasons.com

Stay at Home – Housing Law in the Coronavirus Pandemic – Pump Court Chambers

‘In a time when we are all being urged to stay in our homes it seems appropriate to consider the recent changes to Housing Law in light of the Coronavirus pandemic. This article will consider the Coronavirus Act 2020, Practice Direction 51Z and the Guidance document issued by the Ministry of Housing, Communities and Local Government (‘Guidance’).’

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Pump Court Chambers, 7th April 2020

Source: www.pumpcourtchambers.com

The essential contents of a furlough letter/email/agreement – 3PB

‘If you are reading this article with alacrity, chances are you are in charge of a business contemplating adoption of the Government’s Coronavirus Job Retention Scheme (the Scheme) in preference to laying-off or making redundant some or all of your workforce; that, or you will be looking to advise such people on what to include within a furlough letter.’

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3PB, 7th April 2020

Source: www.3pb.co.uk

The Coronavirus Job Retention Scheme – Pump Court Chambers

‘The Coronavirus Job Retention Scheme (“the Scheme”) was announced by the government on 20th March 2020.’

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Pump Court Chambers, 4th April 2020

Source: www.pumpcourtchambers.com

Bar ramps up aid initiatives – Law Society’s Gazette

Posted April 20th, 2020 in barristers, budgets, coronavirus, inns of court, news by tracey

‘Barristers have been urged to donate to an emergency hardship fund and the Inns of Court are scrambling to create support packages for junior lawyers, after warnings that demand for financial help in the Covid-19 crisis will outstrip resources.’

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Law Society's Gazette,20th April 2020

Source: www.lawgazette.co.uk

University College London Hospitals Foundation Trust v MB [2020] EWHC 882 (QB): the unintended consequences of the stay of possession claims under Practice Direction 51Z – Falcon Chambers

‘Practice Direction 51Z was hastily brought into force on Friday 27 March 2020, after the Prime Minister’s televised instructions to the nation on the evening of Monday 23 March 2020 that everyone should stay at home in order to beat coronavirus. Practice Direction 51Z imposed a three-month stay on all Part 55 possession proceedings, which ensures that those who were facing the possibility of eviction from their home have some protection during the crisis. However, since the Practice Direction came into force, property practitioners have been grappling with the possibly unintended consequences that come from its very wide scope. This has been brought into sharp focus by the recent case of University College London Hospitals Foundation Trust v MB [2020] EWHC 882 (QB), in which PD51Z prevented an NHS Trust from obtaining a possession order to facilitate the discharge of a patient from hospital, in circumstances where her bed was needed for critically ill-patients, she was medically fit for discharge, and indeed she would be at less risk of infection from COVID-19 if out of the hospital. As this article explains, the NHS Trust in the UCLH case was able to obtain the relief it needed by the alternative route of an injunction, but the case nevertheless highlights that PD51Z may need to be revisited.’

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Falcon Chambers, 15th April 2020

Source: www.falcon-chambers.com

Fully remote jury test a ‘success for open justice’ – Law Society’s Gazette

Posted April 20th, 2020 in coronavirus, courts, juries, live link evidence, news, remote hearings, trials by tracey

‘Campaign group Justice has run an experimental fully remote jury trial to test whether it could be a fair alternative to face-to-face hearings during the coronavirus lockdown.’

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Law Society's Gazette, 20th April 2020

Source: www.lawgazette.co.uk

Civil Procedure, Human Rights and the Coronavirus (Part 2) – Blackstone Chambers

‘The first article in this mini-series addressed the current position taken by Courts, Tribunals and other relevant bodies and key issues for litigators. Following the present article, the final instalment will be entitled “Civil Procedure, Litigation and the Coronavirus”.’

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Blackstone Chambers, 23rd March 2020

Source: coronavirus.blackstonechambers.com

Frustration, Force Majeure and Covid-19 – Hardwicke Chambers

Posted April 20th, 2020 in chambers articles, contracts, coronavirus, news by sally

‘Frustration and force majeure are legal concepts very much to the fore during the Covid-19 pandemic. John de Waal QC and Tom Bell review how they apply to the current coronavirus situation.’

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Hardwicke Chambers, 14th April 2020

Source: hardwicke.co.uk

The implied term of trust and confidence & the Coronavirus Job Retention Scheme – Old Square Chambers

‘The Coronavirus Job Retention Scheme (“the Scheme”) is a grant that, for those eligible, covers 80% of the usual monthly wage costs up to a ceiling of £2,500 per month plus associated employer NICs and employer pension contributions paid on the furlough pay up to the level of the minimum automatic enrolment employer contribution. Employees can be on any type of employment contract, including full-time, part-time, agency, flexible or zero-hour contracts. Foreign nationals are also eligible to be furloughed.’

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Old Square Chambers, 14th April 2020

Source: www.oldsquare.co.uk

Union seeks legal immunity for NHS medics in pandemic – The Guardian

Posted April 20th, 2020 in coronavirus, dentists, doctors, immunity, indemnities, negligence, news, nurses, trade unions by tracey

‘The NHS could be faced with billions of pounds of medical negligence claims if it does not grant some form of legal immunity to medics risking their lives during the pandemic, the government has been warned. The Medical Defence Union (MDU), which provides legal support to around 200,000 doctors, nurses, dentists and other healthcare workers, is calling for a debate over the need for emergency legislation.’

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The Guardian, 19th April 2020

Source: www.theguardian.com

Coronavirus: Police fine three Londoners over 250-mile camping trip to Wales during lockdown – The Independent

Posted April 20th, 2020 in coronavirus, emergency powers, enforcement, fines, freedom of movement, news by tracey

‘Police in Wales have fined a group of Londoners who were caught camping around 250 miles from the capital during the lockdown.’

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The Independent, 19th April 2020

Source: www.independent.co.uk

The impact of Coronavirus, part 3: the emergency criminal offences – 6KBW College Hill

‘The current pandemic has led to a flood of emergency legislation. This post deals with The Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 (SI 2020 No. 350) made under the Public Health (Control of Disease) Act 1984, which supplement the Coronavirus Act 2020. The Regulations are, as is now trite, the strictest control on peacetime life in the modern history of the United Kingdom, and they set out the limits of the “lockdown” and how it is to be enforced. This post aims to set out how the Regulations apply to individuals, and provide some analysis of their contents.’

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6KBW College Hill, 6th April 2020

Source: blog.6kbw.com

UK courts told not to ‘overreact’ during coronavirus crisis – The Guardian

‘Courts must take care not to “overreact in unprecedented times”, a former director of public prosecutions has said, amid concerns that lengthy sentences being imposed during the coronavirus crisis could be excessive.’

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The Guardian, 19th April 2020

Source: www.theguardian.com

COVID-19 and Business Interruption Insurance – Thomas More Chambers

Posted April 20th, 2020 in chambers articles, coronavirus, insurance, news by sally

‘If you find the word “virus” in the Definitions section of a typical business insurance policy, it will likely refer to malware, trojans or spyware infecting a company’s computer system and not to Covid-19 or anything like it which infects people.’

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Thomas More Chambers, 14th April 2020

Source: www.thomasmore.co.uk

Coronavirus: County lines drug dealers ‘stick out like a sore thumb’ during lockdown, say police – The Independent

Posted April 20th, 2020 in children, coronavirus, criminal justice, drug offences, drug trafficking, gangs, news by tracey

‘The coronavirus pandemic could provide an unexpected opportunity for police forces to tackle county lines drug dealing as the lockdown means criminals “stick out like a sore thumb”, senior officers have said.’

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The Independent, 20th April 2020

Source: www.independent.co.uk

Coping with Remote Hearings – Falcon Chambers

‘At the turn of the new year it would have been unthinkable to suggest that in just three months the majority of the courts in England and Wales would be closed, that is, at least in the physical sense. In the wake of Covid-19 the Courts have remained open for business however, most of that business is now being conducted in the virtual realm. From online mediations and applications to full-blown witness actions, this is a brave new world for most practitioners, particularly those in civil law, who are used to lugging paper-laden suitcases up and down the various Courts in the land.’

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Falcon Chambers, 6th April 2020

Source: www.falcon-chambers.com