Legal regulators cool on the idea of being abolished – Legal Futures

‘Legal regulators have reacted coolly to the recommendation of Professor Stephen Mayson that they be replaced by a single organisation, arguing instead the case for specialism.’

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Legal Futures, 12th June 2020

Source: www.legalfutures.co.uk

BAILII: Recent Decisions

Posted June 15th, 2020 in law reports by sally

Court of Appeal (Criminal Division)

Smith, R. v [2020] EWCA Crim 669 (06 May 2020)

High Court (Administrative Court)

Prichard, R (on the application of) v The Secretary of State for Work and Pensions [2020] EWHC 1495 (Admin) (12 June 2020)

Government of the United States of America v McDaid [2020] EWHC 1527 (Admin) (12 June 2020)

Kombou, R (On the Application Of) v The Crown Court at Wood Green [2020] EWHC 1529 (Admin) (12 June 2020)

Kotlarski v Regional Court In Bielsko-Biala, Poland [2020] EWHC 1522 (Admin) (11 June 2020)

High Court (Chancery Division)

Umrish Ltd & Ors v Gill [2020] EWHC 1513 (Ch) (12 June 2020)

Benkel v East-West German Real Estate Holding & Anor [2020] EWHC 1489 (Ch) (12 June 2020)

Monsolar IQ Ltd v Woden Park Ltd [2020] EWHC 1521 (Ch) (12 June 2020)

Gardiner v Tabe & Anor [2020] EWHC 1471 (Ch) (12 June 2020)

High Court (Family Division)

Akhmedova v Akhmedov & Ors [2020] EWHC 1526 (Fam) (12 June 2020)

High Court (Queen’s Bench Division)

Warnes & Anor v Forge [2020] EWHC 1496 (QB) (12 June 2020)

Barnett v Walker & Ors [2020] EWHC 1538 (QB) (12 June 2020)

Bromford Housing Association Ltd v Nightingale & Anor [2020] EWHC 1532 (QB) (12 June 2020)

Pearce v East and North Hertfordshire NHS Trust [2020] EWHC 1504 (QB) (11 June 2020)

Source: www.bailii.org

Racism campaigners call for police watchdog to be abolished – The Guardian

‘Black families in the UK whose loved ones have died in incidents involving the police have called for the abolition of the Independent Office for Police Conduct, which investigates the police, and the immediate suspension of officers involved in deaths as part of a new plan to address systemic racism and unlawful killings.’

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The Guardian, 14th June 2020

Source: www.theguardian.com

Domestic Abuse Bill: Misogyny should be treated as a hate crime, say MPs – BBC News

Posted June 15th, 2020 in bills, domestic violence, families, hate crime, news, police, women by sally

‘A group of women MPs and charities are urging the government to treat misogyny as a hate crime within the government’s new domestic abuse laws.’

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BBC News, 11th June 2020

Source: www.bbc.co.uk

BA, easyJet and Ryanair begin court action over UK quarantine rules – The Guardian

‘Britain’s three biggest airlines have filed papers in the high court to seek an urgent judicial review of the government’s quarantine laws, which they say are having a devastating effect on tourism and the wider economy.’

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The Guardian, 12th June 2020

Source: www.theguardian.com

Pensions in Needs-Based Financial Remedy Proceedings – Becket Chambers

‘The issue of pensions in financial remedy proceedings is a complex area and has been subject to much change over the years. As many of you will be aware, the Pension Advisory Group (“PAG”) published a comprehensive report, “A Guide to the Treatment of Pensions on Divorce” in July 2019. It was a much-welcomed publication that provided definitive guidance on the approach to pensions in financial remedy proceedings.’

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Becket Chamber, 11th June 2020

Source: becket-chambers.co.uk

Matt Hancock faces legal action from daughter of Covid-19 care home victim – The Guardian

‘Matt Hancock is facing legal action from the daughter of a man who died from Covid-19 in a care home in which the health secretary is accused of a “litany of failures” and misleading the public with his claim to have “thrown a protective ring” around care homes.’

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The Guardian, 12th June 2020

Source: www.theguardian.com

What It’s Like Being A Black Lawyer Working In The UK’s Criminal Justice System In 2020 – Elle Magazine

‘Abimbola Johnson is a Black criminal defence barrister, whose experience of the justice system in the UK brings recent events in the US even closer to home.’

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Elle Magazine, 5th June 2020

Source: www.elle.com

Mediation – Don’t panic in the Pandemic – be prepared – 4-5 Gray’s Inn Square

‘The coronavirus pandemic and the current and continuing lockdown imposed by government has led to a number of consequences for the resolution of commercial disputes, and the administration of justice. First is where trials are being adjourned to uncertain dates, currently unable to take place due to the inability or unwillingness of people to attend court. Second is what is going to happen when the lockdown is eased or lifted, and disputes, which have been building up in the normal course, enter the system creating a backlog. Judges are understandably concerned that the courts and arbitral tribunals could face and potentially be overwhelmed by a wave of commercial cases. A number of these disputes will have arisen due to the parties’ inability to honour their contractual obligations due to the lockdown with complicated issues of law as to the remedies available.’

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4-5 Gray's Inn Square, 8th June 2020

Source: www.4-5.co.uk

Alexandra Wilson discusses how we can tip the balance within the legal profession: we need to reflect that Black lives matter – 5SAH

‘The Black Lives Matter movement (BLM), a global organisation in the UK, US and Canada, was founded in 2013 in response to the death of Trayvon Martin and the acquittal of the man that shot him. BLM connects people from all over the world who want justice and seek to put an end to state violence against Black people.’

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5SAH, 12th June 2020

Source: www.5sah.co.uk

Judicial early neutral evaluation during coronavirus, friend or foe? – No. 5 Chambers

‘Courts across the jurisdiction have struggled for years to run small claim and fast track lists efficiently in order to reduce the backlog. Coronavirus lockdown has brought this to a head, as cases are adjourned and the huge backlog is set to rise. Waiting several months, if not years, to have a case of modest value heard is contrary to the interests of justice. Memories fade, individuals cannot enforce their rights until the issue is litigated, the deserving go uncompensated, and the pressure to under-settle increases.’

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No. 5 Chambers, 1st June 2020

Source: www.no5.com

Ellie Mitten and Sophie Phillips discuss whether schools and universities are offering ‘reasonable’ alternatives and the meaning of the recent guidance. – Park Square Barristers

‘As the lockdown has progressed, it has become evident that the remote learning services being offered are of differing standards between institutions, with some offering services which are far superior to others. This is particularly so in the case of independent schools. Some independent schools are effectively offering pupils a full timetable, with plenty of contact time with teachers and opportunities to review work and consolidate learning. In contrast, other schools are offering little to no contact time with teachers – disseminating worksheets or PowerPoint presentations, but expecting parents to supervise and effectively teach topics, or for the child to be able to learn independently.’

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Park Square Barristers, 4th June 2020

Source: www.parksquarebarristers.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

Family Law Newsletter #33 – Spire Barristers

Posted June 12th, 2020 in chambers articles, families, news by sally

‘Issue #33 of Spire Barristers’ Family Law Newsletter: edited by Connie Purdy and Taz Irshad; news and Case Reviews by Georgina Dalton. Georgina commences pupillage at Spire Barristers in September 2020.’

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Spire Barristers, 2nd June 2020

Source: spirebarristers.co.uk

COVID-19 Topics: The Basics of Individual Insolvency – Thomas More Chambers

Posted June 12th, 2020 in bankruptcy, chambers articles, coronavirus, debts, insolvency, news by sally

‘Beyond the medical and physical toll that Covid-19 is taking on sufferers and their families, the economic crisis with lockdown is also expected to lead to a surge in corporate and individual insolvencies. Individuals in particular are likely to be unfamiliar with their options when facing insolvency and with the procedures that aim to balance the twin goals of granting individuals relief from their debt whilst fairly distributing the individual’s assets to creditors.’

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Thomas More Chambers, 29th May 2020

Source: www.thomasmore.co.uk

Vulnerability vs. Disability: McMahon v Watford BC [2020] EWCA Civ 497; [2020] 4 WLUK 99, a sensible clarification – St Ives Chambers

‘This case determines, definitively, that a thorough vulnerability assessment with an acknowledgement of a consideration of the Public Sector Equality Duty (‘PSED’) can satisfy the statutory duty pursuant to section 149 of the Equality Act 2010. No further assessment is automatically required.’

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St Ives Chambers, June 2020

Source: www.stiveschambers.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

The Coronavirus Job Retention Scheme: more holiday cancellations? – Littleton Chambers

Posted June 12th, 2020 in chambers articles, coronavirus, employment, holiday pay, holidays, news by sally

‘David Reade QC and Daniel Northall provide their fourth update on the Coronavirus Job Retention Scheme and examine the relationship between furlough and annual leave.’

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Littleton Chambers, 5th June 2020

Source: littletonchambers.com

Croydon LBC v Kalonga [2020] EWHC 1353 (QB) Tipples J – Landmark Chambers

‘A flexible tenancy is a species of secure tenancy which is granted for a fixed term of at least two years (s.107A-D, Housing Act 1985). At the end of the fixed term, the landlord has a mandatory ground for possession (s.107D). During the fixed term, commentators have differed on how the landlord can terminate the tenancy. In Flexible Tenancies and Forfeiture, [2014] Journal of Housing Law 17 (Andrew Dymond), it was suggested that the tenancy needed to include a forfeiture clause and the fixed term needed to be terminated by way of forfeiture (see s.82(3), 1985 Act). By contrast, in In a Fix New Law Journal, 29 June 2012 (Jon Holbrook), it was suggested that a flexible tenancy could be determined in the same manner as a periodic secure tenancy, i.e. by the landlord obtaining and executing an order for possession.’

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Landmark Chambers, 2nd June 2020

Source: www.landmarkchambers.co.uk

Special Dispensations: coronavirus puts informal wills back on the agenda – Hardwicke Chambers

Posted June 12th, 2020 in chambers articles, coronavirus, news, probate, wills by sally

‘The exigencies of the coronavirus pandemic, which has led to a high demand for will writing services, and the challenges of meeting that demand whilst observing social distancing, have brought the issue of will reform into sharp focus. At a time when technology provides a solution to so many of the problems that we currently face, the insistence on wet ink and the physical presence of witnesses for the making of a valid will appears increasingly archaic. Citing the dignity and peace of mind that putting one’s affairs in order brings and the urgent need people have to make provision for those they may leave behind, Gina Miller and Baroness Helena Kennedy QC have this month called on the government to extend the provisions relating to privileged (wartime) wills to the current situation so as to allow purely oral testamentary statements to be admitted to probate.’

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Hardwicke Chambers, 3rd June 2020

Source: hardwicke.co.uk