The Court of Protection and the Appointment of a Deputy – Becket Chambers

Posted July 8th, 2020 in civil procedure rules, Court of Protection, news, powers of attorney by sally

‘When a person loses the mental capacity to make decisions for themselves (and they haven’t already put a power of attorney in place), those who care for them may need to apply to the Court of Protection (COP) to appoint a Deputy. In this article I will briefly sets out the differences between a lasting power of attorney (LPA), enduring power of attorney (EPA) and a Deputy. I will then give a sketch of how the Court of Protection works.’

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Becket Chambers, 3rd July 2020

Source: becket-chambers.co.uk

COVID 19: an update on remote hearings and making them effective – 3PB

Posted July 8th, 2020 in chambers articles, civil justice, coronavirus, news, remote hearings by sally

‘Much has been written about the dramatic decrease in civil hearings as a result of the COVID 19 pandemic. A survey conducted by Kate Brunner QC and I for the Western Circuit showed a 75% decrease in the number of hearings and a 58% reduction in work done by the Bar.’

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3PB, 6th July 2020

Source: www.3pb.co.uk

MoJ favours ‘Nightingale’ crown courts to tackle huge backlog of cases – Thomas More Chambers

Posted July 8th, 2020 in chambers articles, coronavirus, courts, delay, juries, Ministry of Justice, news, trials by sally

‘So reports Owen Bowcott, the legal affairs correspondent for The Guardian today. “Nightingale” courts being venues which have been identified as suitable for trials utilising public spaces such a civic centres or university moot halls; apparently to be renamed Blackstone Courts.’

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Thomas More Chambers, 3rd July 2020

Source: www.thomasmore.co.uk

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

Posted July 8th, 2020 in appeals, chambers articles, civil procedure rules, housing, landlord & tenant, local government, news, practice directions, repossession by sally

‘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

Beware of issuing ‘hopeless’ Inheritance claims in expectation of settlement – St Ives Chambers

Posted July 8th, 2020 in chambers articles, costs, families, financial dispute resolution, financial provision, news, wills by sally

‘Ever since the well-known case of Ilott v The Blue Cross and others [2017] where an adult child was awarded £50,000 from her mother’s estate (notwithstanding their estrangement), practitioners are regularly approached by adult children in order to claim from an estranged relative’s inheritance. There is often reference to a “10% rule” based on what was awarded in Ilott.’

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St Ives Chambers, 3rd July 2020

Source: www.stiveschambers.co.uk

Triplerose Limited v Beattie and Beattie [2020] UKUT 180 (LC) – Tanfield Chambers

Posted July 8th, 2020 in appeals, chambers articles, covenants, holidays, housing, landlord & tenant, leases, news, tribunals by sally

‘A lease that contains a covenant against use other than as a private dwellinghouse is breached where the tenant opts to let the property out on short term lets through sites such as Airbnb and Booking.com. However, where the tenant still makes regular use of the property as a residence in and around those bookings, the tenant will not be in breach of a separate covenant not to carry on a business from the property (as distinct from a covenant not to use the property for a business).’

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Tanfield Chambers, 30th June 2020

Source: www.tanfieldchambers.co.uk

Air Travel in the Time of Coronavirus: Taxiing for Take-off Again – New Law Journal

Posted July 8th, 2020 in airlines, coronavirus, news, statistics, transport by sally

‘The impact of the COVID-19 pandemic on global air travel has been unprecedented. The UN agency, the International Civil Aviation Organization (ICAO), estimates that for the first quarter of 2020, there has been a reduction of 612 million passengers compared with 2019, with domestic and international air traffic expected to decrease by 50% for 2020 as a whole, as compared to 2019 figures. The global trade body, the International Air Transport Association (IATA), estimates US$419bn worth of lost revenue for airlines, representing roughly a 50% reduction in revenues when compared with 2019.’

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New Law Journal, 24th June 2020

Source: www.newlawjournal.co.uk

Jafari v Tareem Limited [2019] EWHC 3119 (Ch) – Tanfield Chambers

Posted July 8th, 2020 in chambers articles, covenants, damages, landlord & tenant, news, noise by sally

‘The High Court examined the relevance of an offer of compensation to the question of whether a landlord was in breach of the covenant for quiet enjoyment.’

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Tanfield Chambers, 30th June 2020

Source: www.tanfieldchambers.co.uk

Environmental Law News Update – Six Pump Court

Posted July 8th, 2020 in chambers articles, climate change, consultations, environmental health, environmental protection, news by sally

‘In this latest Environmental Law News Update, Nicholas Ostrowski, Natasha Hausdorff and Mark Davies consider a new consultation on the England Tree Strategy, a progress report from the Committee on Climate Change and the launch of a new National Framework for Water Resources.’

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Six Pump Court, 2nd July 2020

Source: www.6pumpcourt.co.uk

Conflicting Covenants Revisiting Duval v 11-13 Randolph Crescent – St Ives Chambers

Posted July 8th, 2020 in chambers articles, covenants, housing, landlord & tenant, leases, news by sally

‘What happens when a landlord:
a. On the one hand, gives Tenant A a licence to do something which would otherwise be a breach of Tenant A’s lease, but;
b. On the other hand, is under an obligation to Tenant B to enforce the covenants in Tenant 1’s lease?’

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St Ives Chambers, 6th July 2020

Source: www.stiveschambers.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted July 8th, 2020 in law reports by sally

The Pension Protection Fund (Moratorium and Arrangements and Reconstructions for Companies in Financial Difficulty) Regulations 2020

The Health Protection (Coronavirus, International Travel and Public Health Information) (England) (Amendment) Regulations 2020

The European Union (Regulated Professions Proportionality Assessment) Regulations 2020

The Global Human Rights Sanctions Regulations 2020

The Health Protection (Notification) (Amendment) (No. 2) Regulations 2020

The School Teachers’ Incentive Payments (England) (Amendment) Order 2020

The Protection of Freedoms Act 2012 (Destruction, Retention and Use of Biometric Data) (Transitional, Transitory and Saving Provisions) (Amendment) Order 2020

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted July 8th, 2020 in law reports by sally

Court of Appeal (Civil Division)

Robinson v Department for Work And Pensions [2020] EWCA Civ 859 (07 July 2020)

AAA & Anor v CCC [2020] EWCA Civ 846 (07 July 2020)

Holt v Holley & Steer Solicitors (a firm) [2020] EWCA Civ 851 (07 July 2020)

Jarvis v Evans & Anor [2020] EWCA Civ 854 (07 July 2020)

High Court (Administrative Court)

JP, R (On the Application Of) v NHS Croydon Clinical Commissioning Group [2020] EWHC 1470 (Admin) (07 July 2020)

Cornerstone (North East) Adoption And Fostering Service Ltd, R (On the Application Of) v The Office for Standards In Education, Children’s Services And Skills [2020] EWHC 1679 (Admin) (07 July 2020)

Dolan & Ors v Secretary of State for Health And Social Care & Anor [2020] EWHC 1786 (Admin) (06 July 2020)

Clarke v The High Court of Ireland [2020] EWHC 1772 (Admin) (06 July 2020)

High Court (Chancery Division)

Rochay Productions Ltd, Re [2020] EWHC 1737 (Ch) (07 July 2020)

Wrangle v Brunt & Anor [2020] EWHC 1784 (Ch) (06 July 2020)

Powis Street Estates (No. 3) Ltd v Wallace LLP & Anor [2020] EWHC 1692 (Ch) (06 July 2020)

Secure Mortgage Corporation Ltd & Anor v Harold & Ors [2020] EWHC 1780 (Ch) (06 July 2020)

High Court (Queen’s Bench Division)

United Kingdom Independence Party Ltd (UKIP) v Braine & Ors [2020] EWHC 1794 (QB) (07 July 2020)

Ameyaw v McGoldrick & Ors [2020] EWHC 1787 (QB) (06 July 2020)

Spicer v The Commissioner of Police of the Metropolis [2020] EWHC 1778 (QB) (06 July 2020)

High Court (Technology and Construction Court)

Maftoon (t/a Fm Construction Services) v Sayed & Anor [2020] EWHC 1801 (TCC) (07 July 2020)

Source: www.bailii.org

How stop and search in the UK is failing black people – video explainer – The Guardian

Posted July 8th, 2020 in equality, investigatory powers, news, police, race discrimination, racism, statistics, stop and search by sally

‘There has been renewed criticism over stop and search in the UK after research found that BAME people are 54% more likely to be fined under coronavirus rules than white people. The subsequent death of George Floyd in the US and the support for the Black Lives Matter movement has brought more scrutiny to the disproportionality.’

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The Guardian, 7th July 2020

Source: www.theguardian.com

Ex-Labour MP faces jail after admitting child abuse image offence – The Guardian

Posted July 8th, 2020 in child abuse, children, indecent photographs of children, news, sexual offences by sally

‘The former Labour MP Eric Joyce is facing a prison sentence and has been ordered to sign the sex offenders’ register after he admitted to making an indecent image of a child.’

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The Guardian, 7th July 2020

Source: www.theguardian.com

“Tsunami of post-Covid litigation” could overwhelm courts – Litigation Futures

Posted July 8th, 2020 in civil justice, coronavirus, courts, delay, news by sally

‘A “tsunami of litigation” powered by the Covid-19 pandemic could leave the civil justice system “overwhelmed” by the end of the year, a well-known solicitor and ADR specialist has predicted.’

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Litigation Futures, 8th July 2020

Source: www.litigationfutures.com

London-born twins face deportation to different countries – The Guardian

Posted July 8th, 2020 in citizenship, deportation, families, government departments, grievous bodily harm, immigration, imprisonment, local government, news by sally

‘Twins who were born in London and have never left the UK face deportation to different countries in the Caribbean where they have no close relatives, their families have told the Guardian.’

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The Guardian, 7th July 2020

Source: www.theguardian.com

Charity appeals for urgent change in law to prevent mass evictions – Local Government Lawyer

Posted July 8th, 2020 in charities, coronavirus, housing, landlord & tenant, news, rent, repossession by sally

‘Housing charity Shelter has called for emergency changes to the Housing Act to prevent large numbers of private renters from being evicted when the ban on evictions ends on 23rd August.’

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Local Government Lawyer, 7th July 2020

Source: www.localgovernmentlawyer.co.uk

Why we can’t tell if a witness is telling the truth – OUP Blog

Posted July 8th, 2020 in cross-examination, deceit, news, trials, witnesses by sally

‘Imagine that you are a juror in a trial in which the chief witness for the prosecution gives evidence about the alleged crime which is completely at odds with the evidence given by the accused. One of them is either very badly mistaken or lying. On what basis will you decide which one of them is telling the truth? And how sure can you be in your conclusion?’

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OUP Blog, 7th July 2020

Source: blog.oup.com

Judge refuses to recuse herself over counsel link – Litigation Futures

Posted July 8th, 2020 in barristers, bias, judges, litigants in person, McKenzie friends, news, recusal by sally

‘A High Court judge has refused a request from a litigant in person to recuse herself from hearing a case where she had briefly supervised counsel for the defendants at her old chambers.’

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Litigation Futures, 8th July 2020

Source: www.litigationfutures.com

Watchdog challenges ruling on lethal force by UK firearms officers – The Guardian

Posted July 8th, 2020 in appeals, disciplinary procedures, firearms, news, ombudsmen, police, professional conduct by sally

‘A police watchdog has begun an appeal after failing to bring misconduct proceedings against a specialist firearms officer who shot and killed a man while trying to foil an attempt to snatch two prisoners from a prison van.’

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The Guardian, 7th July 2020

Source: www.theguardian.com