David Feldman: Departing from Retained EU Case law – UK Constitutional Law Association

Posted January 12th, 2021 in brexit, EC law, judiciary, news, practice directions, precedent, Supreme Court by sally

‘Following the end of the UK’s transition period for withdrawing from the EU, the status of earlier case law on retained EU law is somewhat complicated. Section 6(3) and (4)(a) and (b) of the European Union (Withdrawal) Act 2018, as amended by the European Union (Withdrawal Agreement) Act 2020, provides that the Supreme Court and in criminal matters the High Court of Justiciary are not to be bound by any retained EU case law, but other courts and tribunals are to determine issues of retained EU law in accordance with retained EU case law. In relation to certain aspects of competition law, section 60A(7) of the Competition Act 1998, inserted by reg. 23 of the Competition (Amendments etc.) (EU Exit) Regulations 2019, SI 93 of 2019, provides that any court or tribunal, the Competition and Markets Authority, and anyone acting on behalf of the Authority, may depart from retained EU case law. In addition, section 6(5A) of the 2018 Act allows regulations to be made to designate other courts and tribunals as “relevant courts” or “relevant tribunals” which, by virtue of section 6(4)(ba), are not to be bound by retained EU case law to the extent specified in the regulations.’

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UK Constitutional Law Association, 11th January 2021

Source: ukconstitutionallaw.org

Who has jurisdiction and under what circumstances? – Falcon Chambers

‘This paper deals with one of life’s big questions: “why are we here?”, albeit the “here” refers to one or more of the County Court, the First Tier Tribunal and the Upper Tribunal (Lands Chamber), and sometimes two of them at the same time.’

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Falcon Chambers, 2nd November 2020

Source: www.falcon-chambers.com

Fact finding hearings: a case study F v. G [2020] EWHC 2396 – Becket Chambers

Posted November 10th, 2020 in children, coercive & controlling behaviour, news, practice directions by sally

‘The provisions of Practice Direction 12 J make it very clear that the court should determine as soon as possible whether it is necessary to conduct a fact finding hearing in relation to any disputed allegations of domestic abuse.’

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Becket Chambers, 5th November 2020

Source: becket-chambers.co.uk

Do Practice Directions make perfect? – Hardwicke Chambers

Posted November 10th, 2020 in civil procedure rules, insolvency, news, practice directions, remote hearings by sally

‘By way of introduction to this topic it is worth recalling that by the time the Insolvency (England and Wales) Rules 2016 (“IR 2016”) came into force in April 2017 the Practice Direction on Insolvency Proceedings (“IPD”) had still not been updated to take account of the reforms introduced by IR 2016. Nor had it been updated to take account of the Electronic Working Pilot Scheme in CPR Practice Direction 51O (“EWPS”). In fact, there followed a significant period during which the IPD and IR 2016 were not compatible. The delay was at least in part caused by the reforms to the court system in England and Wales that resulted in the creation of the Business and Property Courts (“B&PC”). A new Practice Direction to govern the procedure in the B&PC came into effect in October 2017 and although subsequently supplemented by other changes, it was not until 25 April 2020 that a revised IPD, compatible with IR 2016, was finally released and even this was quickly superseded by a more definitively revised IPD on 4 July 2018. However, there were some significant anomalies with regard to the intermeshing of these various procedural rules and practice directions, not least in the area of out-of-court appointments of administrators.’

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Hardwicke Chambers, 7th October 2020

Source: hardwicke.co.uk

New Developments in Cost Budgeting – 4 New Square

Posted October 29th, 2020 in budgets, civil procedure rules, costs, news, practice directions by sally

‘Ben Williams QC, Rob Marven QC and Benjie Fowler consider the changes to cost budgeting introduced in October 2020.’

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4 New Square, 7th October 2020

Source: www.4newsquare.com

Possession Proceedings: Where are they now? – Tanfield Chambers

‘When the stay on possession proceedings first came into force on 27 March 2020, it appeared to be a straight-forward (albeit blunt) tool to help the Courts manage the effects of the Coronavirus.’

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Tanfield Chambers, 5th October 2020

Source: www.tanfieldchambers.co.uk

Green light for Mortgage Repossessions? – No. 5 Chambers

‘On 31 October 2020, the ban on repossession proceedings comes to an end. Approximately 1.8 million people have taken a deferral on a mortgage, and the second period of deferral is now coming to an end. Lenders may commence or continue with possession proceedings if appropriate.’

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No. 5 Chambers, 13th October 2020

Source: www.no5.com

Amendments to Costs Budgeting Rules Coming into Force on 1st October 2020 – St John’s Chambers

‘As of 1st October 2020 several amendments to the costs budgeting rules and the related Practice Direction came into force.’

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St John's Chambers, 2nd October 2020

Source: www.stjohnschambers.co.uk

Possession claims – More new things and yet more to come – Nearly Legal

‘Gov.uk now has a “Reactivation Notice” (one for claimants, one for defendants). Note this is not a statutory or prescribed form. There is no set format for a reactivation notice.
The page says “Please do not use these documents before 20 September 2020. There is no need to rush to reactivate – you have until 4pm on 24 January 2021.” Which is not necessarily the case. Any possession claim with a hearing already listed requires a reactivation notice to be filed and served at least 42 days before the hearing – Practice Direction 55C 2.5.’

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Nearly Legal, 15th September 2020

Source: nearlylegal.co.uk

The position on possession – Hardwicke Chambers

‘Andrew Skelly considers the current restrictions on a landlord’s ability to recover possession, and the emergency measures set out in the Coronavirus Act 2020 that will continue to apply after the automatic stay on possession proceedings comes to an end on 23 August 2020.’

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Hardwicke Chambers, 12th August 2020

Source: hardwicke.co.uk

“Stay” no more: the future for possession claims. Practice Direction 55C (and Christmas?) – Falcon Chambers

‘First it was CPR PD 51Z. Then CPR 55.29. Not to mention Arkin v Marshall [2020] EWCA Civ 620; Hackney LBC v Okoro [2020] EWCA Civ 681; TFS Stores Ltd v Designer Retail Outlet Centres (Mansfield) General Partner Ltd [2020] EWCA Civ 833. Has any other element of civil procedure law, not least one with a mere 5 month lifespan, ever received consideration no fewer than three times by the Court of Appeal? Such is the significance of the coronavirus-related general stay of possession claims.’

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Falcon Chambers, 20th July 2020

Source: www.falcon-chambers.com

Court of Appeal stands firm on stay of landlord possession claims – Wilberforce Chambers

‘The Court of Appeal has given important clarity and breathing space to commercial and residential tenants in its recent judgment in TFS Stores Ltd v BMG (Ashford) Ltd & Ors [2020] EWCA Civ 833 by confirming that all parts of proceedings involving a claim for possession brought by a landlord are automatically stayed.’

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Wilberforce Chambers, 23rd July 2020

Source: www.wilberforce.co.uk

Non-molestation orders: Valid Service in the time of Coronavirus (Part 2) – Family Law Week

‘Rachel Cooper and Michael Horton from Coram Chambers further consider the service of non-molestation orders in the time of Covid-19.’

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Family Law Week, 27th July 2020

Source: www.familylawweek.co.uk

The Spotlight Review on domestic abuse – where does it fit in with other court reforms? – Transparency Project

‘The work undertaken by the “spotlight panel” appointed by the Ministry of Justice, reported in what is being referred to as the “harm report”, has already been commented on here and here. Its full title is “Assessing Risk of Harm to Children and Parents in Private Law Cases”. The purpose of this blog post is to try to see how the harm report fits in with the wider reforms discussed by the President’s Private Law Working Party (the PrLWG) in its two reports.’

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Transparency Project, 24th July 2020

Source: www.transparencyproject.org.uk

Reactivation! – Nearly Legal

‘After the mystery of the Rules laid last Friday, we now had the text of Practice Direction 55C, which will come into effect on 23 August 2020 at the end of the Part 55.29 stay of possession proceedings.’

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Nearly Legal, 21st July 2020

Source: nearlylegal.co.uk

Mystery directions – Nearly Legal

‘In the evening of Friday 17 July, The Civil Procedure (Amendment No. 4) (Coronavirus) Rules 2020 appeared, having apparently been laid earlier that day. These will come into force on 23 August 2020.’

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Nearly Legal, 18th July 2020

Source: nearlylegal.co.uk

The Even Longer Arm of PD51Z: An Update – Guildhall Chambers

‘In the conjoined cases, the tenant (TFS Stores Limited) was the same, but the landlord was different. The tenant will be better known to many as The Fragrance Shop, and the cases at first instance focused on whether the leases in the actions were excluded from the 1954 Act protections. According to HHJ Davis-White QC, they were, and possession orders were made in respect of 5 of the 6 premises caught up in proceedings.’

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Guildhall Chambers, 6th July 2020

Source: www.guildhallchambers.co.uk

London Borough of Hackney v Okoro [2020] EWCA Civ 681 – Tanfield Chambers

‘If possession proceedings were initially “brought” under CPR Part 55, and are not caught by one of the exceptions set out in CPR PD 51Z Para.2A, then the automatic stay imposed by the practice direction takes effect.’

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Tanfield Chambers, 30th June 2020

Source: www.tanfieldchambers.co.uk

Covid-19 Update: CPR PD51Z Applies to Appeals – Becket Chambers

‘London Borough of Hackney v Okoro [2020] EWCA Civ 681

This case follows the Court of Appeal decision in Arkin v Marshall [2020] EWCA Civ 620 which was recently handed down on 11 May 2020.’

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Becket Chambers, 1st June 2020

Source: becket-chambers.co.uk

Regulatory Update: The Tobacco Products Directive – 3PB

Posted June 12th, 2020 in chambers articles, EC law, news, practice directions, sale of goods, smoking by sally

‘The Tobacco Products Directive (2014/40/EU) (“the Directive”) came into force on 19 May 2014, becoming applicable in Member States on 20 May 2016. This article provides a brief update on UK product regulation law as applicable from 20 May 2020.’

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3PB, 4th June 2020

Source: www.3pb.co.uk