OHL v Qatar Foundation and tribunal’s powers to correct awards and scope of permissible challenges – Atkin Chambers

‘Challenges were brought by a contractor (JV) under sections 67 and 68(2)(b) of the Arbitration Act 1996 (AA 1996) in respect of an addendum award (the Addendum) issued by an International Chamber of Commerce (ICC) tribunal. The Addendum was issued following an application by the employer to correct a fourth partial award. JV’s challenges were dismissed and the judge gave helpful guidance as to the scope of AA 1996, ss 67 and 68 and the scope of a tribunal’s power to correct and/or interpret its award. Written by Simon Lofthouse QC and Zulfikar Khayum, barristers, at Atkin Chambers, and counsel for Qatar Foundation.’

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Atkin Chambers, 6th July 2020

Source: www.atkinchambers.com

Attending a court to give evidence for the employer is not ‘‘work’’ for the purposes of the ‘furlough’ scheme – 3PB

‘According to a report in the Nottinghamshire Law Society Civil Court User Bulletin No 5. HHJ Godsmark QC, on an application to vacate a trial on account of the Defendant’s witnesses being “furloughed”, stated that, “attending a court to give evidence for the employer is not ‘work’ and certainly not work within the meaning of the furlough scheme”.’

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3PB, 3rd July 2020

Source: www.3pb.co.uk

The Digitisation of Welfare and Irrationality Review: SSWP v Johnson – Oxford Human Rights Hub

‘In Secretary of State for Work and Pensions v Johnson & Ors [2020] EWCA Civ 778, the England & Wales Court of Appeal took the uncommon step of holding an executive decision unlawful for Wednesbury irrationality. Johnson highlights that irrationality is not merely a desperate ground of last resort for judicial review applicants. The case is also an important illustration of how substantive review may be relied upon by those affected by the digitisation of welfare.’

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Oxford Human Rights Hub, 30th June 2020

Source: ohrh.law.ox.ac.uk

Penalised for parking on your own land – Law Society’s Gazette

‘Funny thing, the law. You would not, for instance, think you could get a ticket for parking on your own land. But you can. Who says? The Court of Appeal, for one. On 27 November 2009 in Dawood v Parking & Traffic Appeals Service & Another [2009] EWCA Civ 1411, in refusing permission to appeal against a penalty charge notice, Sedley LJ said that: “One might have thought that nobody could commit a criminal offence by parking a motor scooter on his own land. But the adjudicator took the law to be otherwise and HHJ Oliver‑Jones held that the contrary was not arguable.” As did Sedley LJ.’

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Law Society's Gazette, 6th July 2020

Source: www.lawgazette.co.uk

Travel between England and Wales – UK Human Rights Blog

‘The position in relation to cross-border travel between England and Wales has caused confusion in recent weeks. It has been subject to posts from UKHR readers and there have been news articles showing that many people have been entering Wales from England to access beauty spots, unaware that there are different regulations governing the two countries. This post will attempt to clarify the current position.’

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UK Human Right Blog, 26th June 2020

Source: ukhumanrightsblog.com

Mesothelioma compensation scheme considered at appellate level for the first time – Hardwicke Chambers

‘The Upper Tribunal has handed down judgment in DP v Topmark Claims Management Ltd [2020] UKUT 0106 (AAC), which is the first time the Diffuse Mesothelioma Payment Scheme (“DMPS”) has been considered at an appellate level. It gave guidance on the scope of the scheme, as well as wider points on the nature of an appeal before the First Tier Tribunal (“FTT”) and on statutory interpretation.’

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Hardwicke Chambers, 2nd June 2020

Source: hardwicke.co.uk

Safe workplaces and the commute to work – how far does section 44 of the Employment Rights Act 1996 go? – Six Pump Court

‘On 11 May 2020, the Government published practical Guidance[1] in a bid to encourage workplaces to be made as safe as possible for returning employees during the Covid-19 pandemic. Whilst the Guidance has been developed in consultation with unions and industry bodies, there still exists the very real possibility that employees do not have sufficient confidence that their workplaces are, in fact, ‘Covid-19 secure’ and consider that by returning, they have been subjected to a detriment by their employer.’

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Six Pump Court, 9th June 2020

Source: www.6pumpcourt.co.uk

Just a walk in the Park – No. 5 Chambers

‘The interplay of cases and statutes including some from the last century hardly makes for exciting bedtime reading but Barlow v Wigan MBC is an important decision for those who suffer injury as a result of a highway defect particularly if they are walking on a path in a park established many years ago. It is also a tribute to solicitors and counsel who pursue such claims with dogged determination, and in the case of those acting for Claimants, at a risk if the claim is unsuccessful of receiving no payment in return.’

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No. 5 Chambers, 8th June 2020

Source: www.no5.com

Jake Hinks: The Coronavirus Act 2020: An Example of ‘Excessive Executive Dominance’ – UK Constitutional Law Association

‘The concept of executive dominance should be split into two: natural and excessive executive dominance. Executive dominance is the executive’s power to control, impede or perform the role of another branch of the constitution. The UK constitution lacks a clear-cut distinction between the three organs of the state and has evolved to achieve a balance between the three branches. The relationship between and the responsibilities of the executive and legislature are overlapping. In this evolved constitutional setup, natural executive dominance is necessary for the executive to carry out its constitutional role and the UK’s constitution to operate efficiently. Natural dominance is a consequence of the working of the UK constitution.’

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UK Constitutional Law Association, 9th June 2020

Source: ukconstitutionallaw.org

R (Flores) v Southwark LBC [2020] EWHC 1279 (Admin) – 4-5 Gray’s Inn Square

‘The Administrative Court dismissed a challenge to the local authority’s decision as to the level of priority to be awarded under their housing allocation scheme to a family living in accommodation which had become statutorily overcrowded as a result of children growing older. The Court interpreted the meaning of the applicant’s “deliberate act” under the scheme.’

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4-5 Gray's Inn Square, 29th May 2020

Source: www.4-5.co.uk

Court of Appeal deals blow to libel tourists – Law Society’s Gazette

‘England and Wales’ courts may be less open to international libel litigation following a Court of Appeal ruling which interprets legislation against ’libel tourism’. In Craig Wright v Roger Ver, the court upheld a decision by the High Court that England and Wales was not the appropriate place to hear a defamation action against claims published on social media by a US-born citizen of St Kitts & Nevis now resident in Japan.’

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Law Society's Gazette, 2nd June 2020

Source: www.lawgazette.co.uk

Counter-Terrorism and Sentencing Bill: The Struggle to Balance Legislative Protection With Civil Liberties By Paul Canfield – Broadway House Chambers

‘As the Government unveils a new Counter-Terrorism and Sentencing Bill, this article briefly looks at the struggle to balance legislative protection with civil liberties in light of the recent Supreme Court decision in R v Adams (Appellant) (Northern Ireland) [2020] UKSC 19.’

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Broadway House Chambers, 29th May 2020

Source: broadwayhouse.co.uk

Coronavirus Act 2020: Does it permit mandatory vaccinations? – Garden Court Chambers

‘There are multiple human rights and civil liberties implications both globally and domestically arising from the response to COVID-19 and the current crisis. Some of them are very real and concerning. Others are scaremongering and simply not true.’

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Garden Court Chambers, 1st May 2020

Source: www.gardencourtchambers.co.uk

Case Comment: Aspen Underwriting Ltd and others v Credit Europe Bank NV [2020] UKSC 11 – UKSC Blog

‘In this post, Alaina Wadsworth and Sophie Newman, who both work within the insurance and reinsurance group at CMS, comment on the decision handed down by the UK Supreme Court last month in the matter of Aspen Underwriting Ltd and others v Credit Europe Bank NV [2020] UKSC 11.’

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UKSC Blog, 5th May 2020

Source: ukscblog.com

The Adoption and Children (Coronavirus) (Amendment) Regulations 2020, and a little bit of history. – Transparency Project

‘The regulations make changes to the duties that local authorities have with regards to safeguarding children. These are temporary changes and the regulations give a date in September 2020 for them to lapse. This date can be extended, reviewed or simply removed. They were simply made by virtue of the Coronavirus Act 2020. Parliament did not need to approve them first.’

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Transparency Project, 3rd May 2020

Source: www.transparencyproject.org.uk

Making Sense of the Amended Lockdown Law – UK Human Rights Blog

‘As has been widely reported, the ‘lockdown’ imposed by the UK Government to tackle the continuing pandemic is governed in the main by the Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 (SI 2020/350) (the Original Regulations).’

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UK Human Rights Blog, 1st May 2020

Source: ukhumanrightsblog.com

Portal’s Eve – Littleton Chambers

‘On the eve [19 April] of the Scheme going live, David Reade QC and Daniel Northall examine the uncertainties that persist.’

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Littleton Chambers, 19th April 2020

Source: littletonchambers.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

Council fails in appeal over power to issue mother with community protection notice regarding anti-social behaviour of son – Local Government Lawyer

‘Justices in Staffordshire were right to conclude that on the proper construction of section 43 of the Anti-Social Behaviour, Crime and Policing Act 2014, a council had no power to issue a Community Protection Notice (“CPN”) in the name of a mother concerning the conduct of her child, the Divisional Court has ruled.’

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Local Government Lawyer, 22nd April 2020

Source: www.localgovernmentlawyer.co.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