Thousands of UK tenants face losing home when eviction ban ends – The Guardian

Posted June 5th, 2020 in coronavirus, debts, housing, landlord & tenant, news, rent, repossession by sally

‘Thousands of tenants who have struggled to pay rent during the pandemic lockdown face the prospect of losing their home from the end of the month when the government’s temporary ban on evictions ends, housing campaigners have warned.’

Full Story

The Guardian, 4th June 2020

Source: www.theguardian.com

Changing contractual terms (or not!) in a TUPE Transfer – Ferguson and ors v Astrea Asset Management Ltd [2020] UKEAT0139/19 – 3PB

‘This was EAT decision involving 4 individuals – Mr F, Mr K, Mr L and Mr P. They were all directors of Lancer; Mr F and Mr K were employees of that company, and Mr L and Mr P were employed by companies which contracted their services to Lancer.’

Full Story

3PB, 2nd June 2020

Source: www.3pb.co.uk

Top judges call for ADR “acceleration” in face of Covid-19 – Litigation Futures

Posted June 5th, 2020 in contracts, coronavirus, dispute resolution, judges, news by sally

A group of senior former judges and legal academics has called for an acceleration in the take-up of alternative dispute resolution (ADR) in the face of commercial contract disputes arising from Covid-19.

Full Story

Litigation Futures, 4th June 2020

Source: www.litigationfutures.com

Riley Siswick death: Senior detective cleared over toddler murder inquiry – BBC News

‘An “exceptional” senior detective has been cleared of allegations he failed to conduct a thorough investigation into the death of a three-year-old boy.’

Full Story

BBC News, 5th June 2020

Source: www.bbc.co.uk

The new Immigration Bill-could it cause another Windrush Scandal? – Doughty Street Chambers

Posted June 5th, 2020 in bills, brexit, chambers articles, immigration, news by sally

‘This week the House of Commons heard the second reading of the Immigration and Social Security Co-ordination (EU Withdrawal) Bill 2020 (the Immigration Bill), and given the Government’s majority it is likely to become law unamended. The Explanatory Notes of the Bill set out inter alia the Government’s intention to deliver, following the end of EU free movement, a “new points-based immigration system to attract the brightest and best talent from around the world” from 1st January 2021. On the face of it, this is a legitimate aim, but what could be the possible implications for immigrants currently living and working in the UK? An important report that understandably did not receive much media attention when it was published on the 19th March 2020, is the Windrush, Lessons Learned Review (the Review), the independent assessment of the events leading up to the Windrush Scandal. One needs to recollect that, as the Review notes, the Windrush Scandal affected “hundreds, and possibly thousands of people, directly or indirectly”, including at least 83 people who were unlawfully removed. Many of those affected were working in so-called lower-skilled occupations, in the NHS, in public transport and in adult social care. The Review provides 30 recommendations for change and improvement within the Home Office in order to avoid a repetition of the Windrush Scandal, which it recommends should be implemented in full. A formal response to the Review, including the recommendations, was accepted by the Home Secretary to be given within six months, including the asking of “difficult questions needed to ensure that these circumstances can never arise again”.’

Full Story

Doughty Street Chambers, 27th May 2020

Source: insights.doughtystreet.co.uk

UK equality watchdog to launch inquiry into entrenched racism – The Guardian

‘The UK’s equality watchdog is launching an inquiry into “long-standing, structural race inequality”, which has been thrown into stark relief by the coronavirus pandemic.’

Full Story

The Guardian, 5th June 2020

Source: www.theguardian.com

Changes to terms and conditions; Individual and Collective Redundancy Consultation – 3PB

‘With employees starting to return to work (be that on a part-time basis or otherwise) and employers continuing to assess the viability of their businesses as going concerns, how might employers make changes to an employees’ contractual terms lawfully in order to avoid redundancies, for instance agreeing a reduction in wages?’

Full Story

3PB, 2nd June 2020

Source: www.3pb.co.uk

Compulsory Purchase in the time of Coronavirus – an update – 4-5 Gray’s Inn Square

Posted June 4th, 2020 in chambers articles, compulsory purchase, coronavirus, news by sally

‘The guidance is aimed at acquiring authorities. However, it is equally important for those on the other side to know the changing expectations. The most notable change is in respect of forthcoming Compulsory Purchase Orders (‘CPOs’). This article provides a summary of and commentary on the latest guidance.’

Full Story

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

Source: www.4-5.co.uk

COVID-19 and Insolvency Law: Key Implications of th – 3 Hare Court

Posted June 4th, 2020 in bills, chambers articles, coronavirus, insolvency, news by sally

‘The COVID-19 pandemic has caused unprecedented disruption to the economy and to businesses, many of whom are now facing significant financial difficulty. The Government presented the Corporate Insolvency and Governance Bill to Parliament on 20 May 2020 (“the Bill”). The Bill includes several provisions designed to guard against a deluge of insolvencies during this period and, if enacted, will operate retrospectively.’

Full Story

3 Hare Court, 2nd June 2020

Source: www.3harecourt.com

High Court rules employer had to pay settlement even after ex-employee breached confidentiality clause – Duchy Farm Kennels Ltd v Steels [2020] EWHC 1208 (QB) – 3PB

Posted June 4th, 2020 in confidentiality, dispute resolution, employment tribunals, news by sally

‘In Duchy Farm Kennels Ltd v Steels [2020] EWHC 1208 (QB), the High Court addressed the consequences of a party breaching the confidentiality clause in a COT3 settlement, noting that the issue of law arising regarding the status of the clause had not been the subject of a previous appellate ruling.’

Full Story

3PB, 2nd June 2020

Source: www.3pb.co.uk

Planning and re-starting the housing market – 4-5 Gray’s Inn Square

Posted June 4th, 2020 in construction industry, coronavirus, housing, news, planning by sally

‘Simon Randle, Vivienne Sedgley and Katharine Elliot analyse government measures to restart the housing market and how they impact on the planning system.’

Full Story

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

Source: www.4-5.co.uk

Parenting Plans & Child Arrangements Orders: Maria Scotland & Gemma Lindfield – 5SAH

‘When the family breaks down and there are children, whether the parents are married or not, the parents are advised to try to reach an agreement on where the children will live: whether they will live with one parent and spend time with the other parent or else share their time between their separated parents’ homes. Older children are often able to make decisions for themselves or make arrangements to go between homes themselves once their parents live apart – so called “voting with their feet”. Younger children and babies cannot and they need their parents to make arrangements in their best interests for them. These parents are advised to try and reach an agreement in writing, called a “parenting plan”.’

Full Story

5SAH, 28th May 2020

Source: www.5sah.co.uk

After Elgizouli: what does the judgment mean for mutual legal assistance? – 6KBW College Hill

Posted June 4th, 2020 in death penalty, EC law, human rights, news, Supreme Court by sally

‘In Elgizouli v Secretary of State for the Home Department [2020] UKSC 10, a seven-Justice Supreme Court held that the provision of material by way of mutual legal assistance to the US for the prosecution of Shafee El Sheikh and Alexanda Kotey, without obtaining an assurance that the evidence would not be used in a death penalty trial, was unlawful. The consequences of this judgment, both generally and specifically for Mr El Sheikh and Mr Kotey, are unknown. Where does it leave the provision to the US of further material in relation to these two individuals? In what circumstances could the UK government truly claim to be satisfied that the transfer would be lawful? Only a careful reading of this judgment can assist, and even then such assistance may be limited.’

Full Story

6KBW College Hill, 1st June 2020

Source: blog.6kbw.com

Products in a Pandemic: Liability for Medical Products and the Fight against COVID-19 – 11KBW

Posted June 4th, 2020 in chambers articles, coronavirus, medicines, news by sally

‘Marcus Pilgerstorfer QC has co-authored an article considering liability issues arising in relation to the production of medical products in response to the coronavirus pandemic.’

Full Story

11KBW, 21st May 2020

Source: www.11kbw.com

Corona Crime – 25 Bedford Row

Posted June 4th, 2020 in coronavirus, financial regulation, fraud, news, prosecutions by sally

‘With plans across the world to gradually lift some lockdown restrictions we can expect to uncover a new wave of corporate criminal activity and organised crime at home and abroad. Criminal defence specialists Simon Pentol QC and Duncan Jones of 25 Bedford Row examine the likely trends and the focus of investigation by the authorities.’

Full Story

25 Bedford Row, 27th May 2020

Source: www.25bedfordrow.com

Bounce Back Loans, Injunctions and the Misappropriation of Funds – 33 Bedford Row

Posted June 4th, 2020 in injunctions, loans, news by sally

‘Make sure you can lawfully access the money, or you will find yourself paying a heavy penalty!’

Full Story

33 Bedford Row, 4th June 2020

Source: www.33bedfordrow.co.uk

Covid-19 and Limitation Periods in Cross-Border Disputes – Blackstone Chambers

Posted June 4th, 2020 in coronavirus, EC law, limitations, news by sally

‘The law governing limitation periods is critical in managing a dispute; a failure to commence proceedings within the required limitation period is usually nothing less than fatal to a claim. This article considers the potential impact of the Covid-19 pandemic on limitation periods affecting international civil litigation in the courts of England and Wales (henceforth, with apologies, the English courts). The focus of this article is on statutory limitation periods, but it is important to note that some claims may also be subject to contractually agreed limitation periods which require separate and careful consideration.’

Full Story

Blackstone Chambers, 29th May 2020

Source: coronavirus.blackstonechambers.com

A Local Authority v The Mother and others [2020] EWHC 1233 (Fam) by Ned Sproston – Broadway House Chambers

Posted June 4th, 2020 in adjournment, care orders, coronavirus, drug abuse, news by sally

‘What can we take away from the judgment in this recent Covid-19 related remote hearing case?’

Full Story

Broadway House Chambers, 29th May 2020

Source: broadwayhouse.co.uk

Group litigation – taking the lead – Doughty Street Chambers

‘Dominic Lis Waniso Lungowe & ors v Vedanta Resources PLC & anor [2020] EWHC 749 (TCC) gives important guidance on the position and role of lead solicitors in group litigation. It highlights the need for careful written arrangements setting out the relationship between lead and other solicitors and their respective responsibilities.’

Full Story

Doughty Street Chambers, 19th May 2020

Source: insights.doughtystreet.co.uk

The government has failed care home residents – Doughty Street Chambers

Posted June 4th, 2020 in care homes, chambers articles, coronavirus, news by sally

‘This piece analyses the UK government’s performance against ten policy objectives published by WHO Europe. It seeks to shed light on why there have been an estimated 22,000 ‘excess deaths’ in care homes, and why it is still not too late for the government to act.’

Full Story

Doughty Street Chambers, 1st June 2020

Source: insights.doughtystreet.co.uk