Training and risk assessments: a reminder from the High Court and returning to work in the Covid-19 crisis – 12 King’s Bench Walk

‘Sir Robert Francis QC (sitting as a deputy high court judge) recently handed down his judgment in Harris v Bartrums Haulage and Storage Ltd and another [2020] EWHC 900 (QB). It serves as a useful reminder of what employers must do to discharge their duty of care in terms of training and risk assessments. The key is being able to show that they are more than a “mere formality” [110]. On the facts of Harris, Sir Robert found that the First Defendant had acted negligently but dismissed the claim on causation. However, his critique of the First Defendant’s training and risk assessment process is relevant to all employers.’

Full Story

12 King's Bench Walk, 26th May 2020

Source: www.12kbw.co.uk

Using documents for a collateral purpose and in separate proceedings – how likely are the courts to approve your application? – St Ives Chambers

Posted June 5th, 2020 in chambers articles, civil procedure rules, disclosure, documents, news by sally

‘There will certainly be occasions where the use of documents disclosed in separate proceedings are useful to your case and it is desirable either to disclose these in the present case or to obtain advice on collateral claims, but which applications are practically viable?’

Full Story

St Ives Chambers, May 2020

Source: www.stiveschambers.co.uk

Wrongful dismissal – how not to go wrong: Cameron v East Coast Main Line Company Limited UKEAT/0212/19/BA – 3PB

‘In Cameron v East Coast Main Line Company Limited UKEAT/0212/19/BA,1 the EAT dealt with the question of whether length of service is a relevant consideration when asking whether a dismissal is wrongful.’

Full Story

3PB, 2nd June 2020

Source: www.3pb.co.uk

Your Appeal Fails: London Borough of Hackney v Okoro [2020] EWCA Civ 681 – Falcon Chambers

‘Is an appeal from a possession order (or other order) made in a possession claim commenced under Part 55 of the CPR caught by the stay on “all proceedings brought under CPR Part 55” imposed by paragraph 2 of Practice Direction 51Z (as amended on 20 April 2020)?’

Full Story

Falcon Chambers, 28th May 2020

Source: www.falcon-chambers.com

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.’

Full Story

Law Society's Gazette, 2nd June 2020

Source: www.lawgazette.co.uk

Case Comment: Cardtronics UK Ltd and others v Sykes and others (Valuation Officers) [2020] UKSC 21 – UKSC Blog

Posted June 5th, 2020 in appeals, news, rates, Supreme Court, valuation by sally

‘In this case comment, Marcus Barclay, Will Charnock and Siani McNamara, who work in the real estate disputes team at CMS, comment on the decision handed down by the UK Supreme Court on 20 May 2020 in the matter of Cardtronics UK Ltd and others v Sykes and others (Valuation Officers) [2020] UKSC 21, which concerns business rates liability for ATMs in retail stores.’

Full Story

UKSC Blog, 5th June 2020

Source: ukscblog.com

HS2: Resident loses high court challenge after complaining it could cause homes to collapse – Daily Telegraph

Posted June 5th, 2020 in health & safety, housing, judicial review, news, planning, railways by sally

‘The HS2 tunnels can go ahead, the high court has ruled, after a resident complained the tunnels could cause homes to collapse.’

Full Story

Daily Telegraph, 5th June 2020

Source: www.telegraph.co.uk

Anti-racism Protests: What Are Your Rights Amid The Pandemic? – Each Other

‘Anti-racism protests are taking place across the UK to demand justice following the death of George Floyd, the unarmed black man killed in US police custody.’

Full Story

Each Other, 5th June 2020

Source: eachother.org.uk

Government facing legal action over policies on care homes during COVID-19 crisis – Local Government Lawyer

Posted June 5th, 2020 in bereavement, coronavirus, government departments, health & safety, news by sally

‘A daughter whose father died of suspected COVID-19 in a care home is to launch a legal action “to hold the government to account”.’

Full Story

Local Government Lawyer, 4th June 2020

Source: www.localgovernmentlawyer.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.’

Full Story

Broadway House Chambers, 29th May 2020

Source: broadwayhouse.co.uk

Be wary of the ‘last straw’: Williams v Alderman Davies Church in Wales Primary School UKEAT/0108/19/LA – 3PB

‘The Claimant (“C”) was a primary school teacher who had worked for Alderman Davies Church in Wales Primary School (“the School”) for a number of years. The Respondent (“R”) was the governing body of the School. It was agreed between the parties that from April 2015, C had a disability by reason of a mental impairment affecting, in particular, his reaction to and behaviour in stressful situations.’

Full Story

3PB, 2nd June 2020

Source: www.3pb.co.uk

Compensation Fund cuts would be “devastating” – Legal Futures

‘Cutting the maximum size of Compensation Fund awards from £2m to £500,000 could have a “devastating” impact on “unlucky claimants”, the Law Society has warned.’

Full Story

Legal Futures, 4th June 2020

Source: www.legalfutures.co.uk

UK housing prices and planning policy post corona virus pandemic – 33 Bedford Row

Posted June 5th, 2020 in chambers articles, coronavirus, housing, news, planning by sally

‘Over half the UK’s wealth is in property. That is more than £7 trillion in just England and Wales, of which around £1-1.5 trillion is secured by lending. The provision of sufficient housing of the right type, in the right places and at affordable prices is a perennial problem. A crisis existed before the Corona-19 virus appeared. The Secretary of State for Housing, Robert Jenrick, described this as an “acute housing need in this country” As we continue to work through lockdown, we must contemplate life afterwards. No-one has a crystal ball. However, mature thinking and past experience might illuminate possible pathways.’

Full Story

33 Bedford Row, 18th May 2020

Source: www.33bedfordrow.co.uk

Returning to work during Covid-19: safety concerns and protections for employees – 1MCB Chambers

Posted June 5th, 2020 in chambers articles, coronavirus, employment, health, health & safety, news by sally

‘In this blog, employment barristers Michael Sprack and Amrit Bachu identify the obligations on employers to ensure the safety of their workers, particularly workers returning to work during Covid-19, and consider practical steps that workers can take.’

Full Story

1MCB Chambers, 19th May 2020

Source: 1mcb.com

High Court judge hands down ruling on secure flexible tenancies and possession during fixed term – Local Government Lawyer

A landlord cannot determine a flexible tenancy prior to the expiry of its fixed term without a forfeiture clause even in the event of default by the tenant, the High Court has ruled.

Full Story

Local Government Lawyer, 4th June 2020

Source: www.localgovernmentlawyer.co.uk

Record court delays for civil litigants – Litigation Futures

‘The time litigants have to wait to reach trial in civil claims reached record lengths even before the impact of the Covid-19 pandemic hit, new government figures have revealed.’

Full Story

Litigation Futures, 4th June 2020

Source: www.litigationfutures.com

Overseas Production Orders – A New Tool to Obtain Foreign Electronic Evidence – 6KBW College Hill

Posted June 5th, 2020 in Crown Court, data protection, evidence, foreign jurisdictions, news by sally

‘For years, prosecutors and defenders have acted in the confident knowledge that obtaining certain types of important electronic evidence from overseas in time for use at trial has been very difficult. That may now change: the Crime (Overseas Production Orders) Act 2019 (“the Act”) received the Royal Assent on 12 February 2019. The provisions of the Act came into force on 9 October 2019.’

Full Story

6KBW College Hill, 25th May 2020

Source: blog.6kbw.com

Watering down children’s rights – Doughty Street Chambers

‘This post, written by a member of the Doughty Street Chambers’ Children’s Rights Group, raises questions about the necessity and proportionality of the Adoption and Children (Coronavirus) (Amendment) Regulations 2020. It suggests that the Regulations are likely to breach the UK’s international human rights commitments at a time when children need such protections more than ever.’

Full Story

Doughty Street Chambers, 19th May 2020

Source: insights.doughtystreet.co.uk

Official Solicitor takes part for first time in hearing of out of hours application in serious medical treatment case – Local Government Lawyer

‘The Official Solicitor has for the first time taken part in the hearing of an urgent out of hours application in a serious medical treatment case.’

Full Story

Local Government Lawyer, 4th June 2020

Source: www.localgovernmentlawyer.co.uk

Civil Justice Council report on the impact of COVID-19 on civil court users published – Courts and Tribunals Judiciary

Posted June 5th, 2020 in civil justice, coronavirus, courts, news, remote hearings by sally

‘The Master of the Rolls, Sir Terence Etherton, the chair of the independent Civil Justice Council and Head of Civil Justice, has welcomed the Civil Justice Council’s rapid review of the impact of the COVID-19 pandemic on the civil justice system, particularly the swift expansion of the use of remote hearings. The review, conducted with the support of the Legal Education Foundation, launched on 1 May 2020 and concluded on 15 May 2020. It was particularly aimed at court users whose hearings took place between 1 May and 7 May 2020.’

Full Story

Courts and Tribunals Judiciary, 5th June 2020

Source: www.judiciary.uk