Regulation in the time of Coronavirus by Nicola Hoskins – Broadway House Chambers

‘At the moment, the phrase “business as usual” means anything but: business unusual, we might say. For some, it means a substantial part of the operation is running remotely; others are subject to extensive furloughs and others still will be seeing a downturn in demand or cashflow from which there may be no easy recovery. This is likely to be the case even as the restrictions begin to ease: social distancing and changes in consumer behaviour may result in remote working and smaller operations for some considerable time to come. Whatever the position, businesses will still be subject to regulatory oversight which may present more challenges than usual. This article will take a brief look at some of the key points, along with some practical considerations arising.’

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Broadway House Chambers, 8th June 2020

Source: broadwayhouse.co.uk

Promises, promises: what is a landlord to do? Looking at the Supreme Court ruling in Duval v 11-13 Randolph Crescent – Becket Chambers

Posted June 16th, 2020 in covenants, enforcement, landlord & tenant, leases, news, Supreme Court by sally

‘Is a landlord of a block of flats entitled to grant a licence to a lessee to carry out work which would breach an absolute covenant contained in a lease of their flat, where the leases of other flats in the same building require them to enforce covenants at the request of a lessee of one of those other flats, without being in breach of the latter covenant?’

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Becket Chambers, 11th June 2020

Source: becket-chambers.co.uk

Sweary senior partner wins damages reassessment – Legal Futures

Posted June 16th, 2020 in damages, employment tribunals, harassment, law firms, news, paralegals by sally

‘An employment tribunal has been ordered to reconsider the £47,000 in damages that it awarded to a paralegal subjected to foul-mouthed tirades by the senior partner of a London law firm.’

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Legal Futures, 12th June 2020

Source: www.legalfutures.co.uk

The UK government responded to Black Lives Matter – by protecting statues – The Guardian

Posted June 16th, 2020 in criminal damage, criminal justice, minorities, monuments, news, sentencing by sally

‘Our justice system is in tatters, yet what may be the first piece of bipartisan legislation to pass is one protecting the feelings of concrete.’

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The Guardian, 15th June 2020

Source: www.theguardian.com

Survivors of Manchester Arena bombing in legal action to secure core participant status at public inquiry – Local Government Lawyer

Posted June 16th, 2020 in explosives, inquiries, news, terrorism, victims by sally

‘Survivors of the Manchester Arena bombing are taking legal action to try to secure core participant status at the public inquiry into the atrocity.’

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Local Government Lawyer, 11th June 2020

Source: www.localgovernmentlawyer.co.uk

Man jailed for urinating at PC Keith Palmer memorial during protest – BBC News

Posted June 16th, 2020 in monuments, news, outraging public decency, sentencing by sally

‘A man has been jailed for urinating at the Westminster memorial dedicated to PC Keith Palmer.’

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BBC News, 15th June 2020

Source: www.bbc.co.uk

Rise in injunctions against HS2 protesters – The Guardian

‘HS2 protesters have been accused of practising early morning yoga, swimming naked in a lake and “howling at the moon” as a council seeks a high court injunction to stop direct action against the project.’

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The Guardian, 13th June 2020

Source: www.theguardian.com

Man sues Met police over injuries suffered in alleged racist arrest – The Guardian

Posted June 16th, 2020 in complaints, London, news, police, racism, stop and search, wrongful arrest by sally

‘A man who suffered a broken wrist and damage to his arm and shoulder after he was detained outside his home in what he believes was a wrongful racist arrest is suing the Metropolitan police over his injuries.’

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The Guardian, 15th June 2020

Source: www.theguardian.com

Recent Statutory Instruments – legislation.gov.uk

Posted June 16th, 2020 in legislation by sally

The Weights and Measures Act 1985 (Definitions of “Metre” and “Kilogram”) (Amendment) Order 2020

The Water Industry (Specified Infrastructure Projects) (English Undertakers) (Amendment) Regulations 2020

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted June 16th, 2020 in law reports by sally

Court of Appeal (Civil Division)

A (A Child) (Rev 1) [2020] EWCA Civ 731 (15 June 2020)

High Court (Administrative Court)

Adiatu & Anor, R (On the Application Of) v Her Majesty’s Treasury [2020] EWHC 1554 (Admin) (15 June 2020)

Harris, Re review of the tariff [2020] EWHC 1540 (Admin) (15 June 2020)

High Court (Technology and Construction Court)

Blackpool Borough Council v Volkerfitz Patrick Ltd & Ors [2020] EWHC 1523 (TCC) (15 June 2020)

Source: www.bailii.org

The price of an unreasonable refusal to engage: ADR, Litigation and cost consequences – 3PB

‘The touchstone of all ADR procedures is that parties enter into them voluntarily. However, there is an increasing body of case law in the English courts that suggests mediation should be seriously considered:

a. before litigation is entered into. Failure to do so may result in adverse or impacted
costs for a client, even if successful; and

b. in the course of litigation (instigated by the parties and increasingly with court
directions) an unreasonable refusal of a request to mediate may have bearing on
Part 36 offers and costs.

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3PB, 8th June 2020

Source: www.3pb.co.uk

Termination of a Code Agreement by Operators – Falcon Chambers

‘In this article we intend to examine the continuation of a Code agreement falling within the terms of the Electronic Communications Code (“the Code”) and the ability of an operator to terminate it permanently, such that the agreement may be treated as at an ended at the specified break date without any ongoing continuation of the operator’s contractual liability. We shall also consider the issue of renewal following termination.’

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Falcon Chambers, June 2020

Source: www.falcon-chambers.com

GMC can investigate solicitor doctor over legal advice – Legal Futures

‘A claim that a solicitor who is also a doctor provided dishonest advice to his clients can be subject to the General Medical Council’s (GMC) disciplinary process, the High Court has ruled.’

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Legal Futures, 15th June 2020

Source: www.legalfutures.co.uk

Lords seek to allow gene-editing in UK ‘to produce healthy, hardier crops’ – The Guardian

‘Peers are preparing plans to legalise the gene-editing of crops in England, a move that scientists say would offer the nation a chance to develop and grow hardier, more nutritious varieties. The legislation would also open the door to gene-editing of animals.’

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The Guardian, 14th June 2020

Source: www.theguardian.com

Neighbourhood forum wins Planning Court challenge over Leeds site allocations plan and Green Belt land releases – Local Government Lawyer

Posted June 15th, 2020 in environmental protection, housing, local government, news, planning by sally

‘A neighbourhood forum has successfully challenged Leeds City Council’s site allocation plan in the High Court in a dispute over calculating Green Belt release for housebuilding.’

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Local Government Lawyer, 11th

Source: www.localgovernmentlawyer.co.uk

90% of law firms “breaching transparency rules” – Legal Futures

‘The news comes with the regulator planning to step up its checks.’

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Legal Futures, 15th June 2020

Source: www.legalfutures.co.uk

Racism contributed to disproportionate UK BAME coronavirus deaths, inquiry finds – The Guardian

‘Racism and discrimination suffered by Britain’s black, Asian and minority ethnic people has contributed to the high death rates from Covid-19 in those communities, an official inquiry has found.’

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The Guardian, 14th June 2020

Source: www.theguardian.com

Turnover Rents for Retail – the Way Forward in Recession? Sharing the pain and (hopefully) the gain – Falcon Chambers

Posted June 15th, 2020 in chambers articles, coronavirus, landlord & tenant, news, rent by sally

‘Some legal property commentators have been wondering how a commercial open market rent can be set for business premises when the relevant valuation date falls during the lockdown period or will arrive in coming months. They bemoan the likely lack of comparables and wring their hands. Personally, I have great faith in the skillset of expert valuers’ to meet this particular challenge. However, for my part, the true question is whether such commentators are actually looking at matters through the right end of the telescope?’

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Falcon Chambers, May 2020

Source: www.falcon-chambers.com

Youth justice: exposing a system that is failing our most vulnerable children – The Guardian

‘Children in the Dock was an investigation into the youth justice system in England and Wales that involved the Guardian’s Manchester team spending a month monitoring every case at Greater Manchester youth court. Among other things, they found that the proportion of BAME children in court had doubled in eight years, and revealed that youth cases now take 40% longer than in 2010.’

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The Guardian, 13th June 2020

Source: www.theguardian.com

EHRC urges compulsory disability training for lawyers – Legal Futures

‘Disability awareness should be a professional requirement, and a mandatory element of criminal lawyers’ CPD, the Equality and Human Rights Commission (EHRC) has recommended.’

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Legal Futures, 15th June 2020

Source: www.legalfutures.co.uk