Business Interruption Insurance Claims arising from COVID-19 – 3PB
‘Businesses across the country remain shut down and face mounting losses affecting not just cash-flow, but their very survival.’
3PB, 28th April 2020
Source: www.3pb.co.uk
School fails in Court of Appeal bid to have Ofsted report quashed – Local Government Lawyer
‘The Court of Appeal has dismissed a bid by a state-funded secondary school in the north of England to have an adverse Ofsted report quashed.’
Local Government Lawyer, 11th May 2020
Source: www.localgovernmentlawyer.co.uk
Dishonesty: Barton & Booth v The Queen – Pump Court Chambers
‘Barton & Booth-v-The Queen [2020] EWCA Crim 575. The Court of Appeal considers whether the new definition of ‘dishonesty’ given by the Supreme Court in the case of Ivey v Genting Casinos (UK) (trading as Cockfords Club) [2017] UKSC 67 applies in criminal cases.’
Pump Court Chambers, 30th April 2020
Source: www.pumpcourtchambers.com
Harry Dunn crash: Anne Sacoolas extradition refusal ‘final’ – BBC News
‘The US has said its decision to refuse an extradition request for Harry Dunn’s alleged killer was final.’
BBC News, 12th May 2020
Source: www.bbc.co.uk
Case Preview: Ecila Henderson (A Protected Party, by her litigation friend, The Official Solicitor) v Dorset Healthcare University NHS Foundation Trust – UKSC Blog
‘The claimant had a long history of mental health difficulties arising from her diagnosis of paranoid schizophrenia. Following a period spent in hospital detention, the claimant received outpatient psychiatric treatment. During this time, her condition deteriorated and she stabbed her mother to death while experiencing a serious psychotic episode. She was charged with murder and pleaded guilty to manslaughter by reason of diminished responsibility. An independent investigation found that failings by the Trust in her care and treatment meant that a serious incident of some kind was foreseeable based on her behaviour in previous psychotic episodes. The Trust admitted liability to the effect that the claimant’s mother would not have been killed but for its breaches of duty in failing to respond adequately to the claimant’s deterioration in mental health.’
UKSC Blog, 11th May 2020
Source: ukscblog.com
Digital Contact Tracing Updates from the Human Rights Committee – UK Human Rights Blog
‘The Human Rights Committee, reviewing NHSX’s current digital contact tracing app architecture, has recommended that the government’s current privacy assurances are not sufficient to protect data privacy and that legislation must be passed to ensure that. This echoes Professor Lilian Edwards’ call for primary legislation to ensure privacy rights are protected. These recommendations are given special significance NHSX’s choice to adopt the controversial and arguably less secure “centralised” model.’
UK Human Rights Blog, 11th May 2020
Source: ukhumanrightsblog.com
Trade marks – Sky v Skykick, The Final Chapter – NIPC Law
‘On 23 May 2016 Sky PLC and its subsidiaries Sky AG and Sky UK Ltd. (“Sky”) issued proceedings against Skykick UK Ltd and Skykick Inc.(“Skykick”) for infringement of their EU and UK trade marks and passing off. Skykick denied infringement and passing off and counterclaimed for declarations that the trade marks were wholly or partially invalid on the grounds that the specified goods and services were unclear and imprecise and the applications for those trade marks had been made in bad faith.’
NIPC Law, 9th May 2020
Source: nipclaw.blogspot.com
Families sue UK government over ‘little or no education’ for their children – The Guardian
‘Four families who say their children have received “little or no” education since schools in England were closed to most pupils have started legal action against the government.’
The Guardian, 7th May 2020
Source: www.theguardian.com
Court of Appeal rejects challenge to Covid-19 stay – Litigation Futures
‘The Court of Appeal has rejected a challenge to the emergency practice direction issued by the Master of the Rolls to stay all possession proceedings for three months in response to Covid-19.’
Litigation Futures, 11th May 2020
Source: www.litigationfutures.com
The magic soup stone strikes again (more new authorities about remote hearings) – Transparency Project
‘[T]here are two new remote hearing related judgments out :
A Local Authority v Mother & Ors [2020] EWHC 1086 (Fam) and Re Q [2020] EWHC 1109 (Fam).’
Transparency Project, 7th May 2020
Source: www.transparencyproject.org.uk
Solicitor cleared over alleged confidentiality breach – Legal Futures
‘A solicitor accused of disclosing to a client confidential information about a former client has been cleared of wrongdoing by a disciplinary tribunal.’
Legal Futures, 11th May 2020
Source: www.legalfutures.co.uk
Boy, 8, Wins Legal Bid Against Home Office Policy Which Left Him Street Homeless – Each Other
‘An eight-year-old British boy and his migrant mum were unlawfully made street homeless by a Home Office policy which denied them social security payments, a court has ruled.’
Each Other, 8th May 2020
Source: eachother.org.uk
Administration of estates involving land during the pandemic – The 36 Group
‘It is common for the estates of deceased persons to have as part of their assets land occupied by persons other than the personal representatives. This property might comprise residential or business premises let to tenants and generating an income for the estate, or, a common case, property occupied by the deceased together with a licensee (such as an adult child of the deceased) until death and which continues to be occupied by that licensee after death. The circumstances of the pandemic and its attendant legislation may complicate dealings with such premises, and those complications are considered here.’
The 36 Group, 27th April 2020
Source: 36group.co.uk
The Impact of COVID-19 on Inquests and Inquiries – 11KBW
‘The COVID-19 pandemic is obviously relevant to those who act in the area of Inquests and Inquiries. There will inevitably be a dramatic rise in the workload of coroners and, ultimately, in the number of full inquests being heard. Due to arguments concerning the state’s role in the handling of the pandemic, or of medical provisions and other more systemic issues, there may also be a public inquiry. This note is intended to identify the most immediate issues for practitioners.’
11KBW, 29th April 2020
Source: www.11kbw.com
COVID-19: “Legal view: how to implement site operating procedures” – Atkin Chambers
‘“There have been as many plagues as wars in history, yet always plagues and wars take people equally by surprise” – these words from Albert Camus’ The Plague sum up how the COVID-19 pandemic has taken the world by storm. The UK’s construction industry is facing the greatest challenge since Brexit, but there is little specific guidance from Westminster on the way forward. Whereas all non-essential sites in Scotland have been ordered to close, sites across the rest of the country have been left in the unenviable position of having to decide whether they should remain open.’
Atkin Chambers, 6th May 2020
Source: www.atkinchambers.com
It’s not just what you say, it’s how you act in the courtroom – Re P (A Child: Remote Hearing) [2020] EWFC 32 – 5SAH
‘The family court has transformed in the last few weeks due to the Covid-19 pandemic. Remote court hearings were once deemed futuristic but as with other public services, the courts have had to adapt. However, in this judgment (Re P (A Child: Remote Hearing)), Sir Andrew McFarlane sent a clear message that not all hearings will be suitable for remote hearing.’
5 SAH, 6th May 2020
Source: www.5sah.co.uk
Holiday Claims And COVID-19: What Options Do You Have If Your Travel Plans Are Disrupted? – 3PB
‘On 23rd March 2020 the UK government went into lockdown in an attempt to curb the spread of Covid-19 in the country. The Foreign and Commonwealth Office has advised British people against all non-essential travel abroad due to unprecedented border closures. In relation to cancelled travel plans, the FCO further advised travellers to get in touch with their airline, travel company, or other transport and accommodation provider, or their insurer. However, recent reports in the media suggest that some holidaymakers who have requested refunds have instead been offered credit notes, or deferred bookings. Many are, of course, concerned that deferred bookings might not suit them due to inability to travel at a later stage, or where credit notes have been offered, that these might not be viable if the companies go bankrupt. Some have also turned to their banks; in a number of cases, without success.’
3PB, 4th May 2020
Source: www.3pb.co.uk
Responding to COVID-19 the Maritime Perspective in the UK – 3PB
‘We have reviewed the response to the Covid 19 crisis from international organisations and authorities and the UK Government and we have analysed responses from the cruise industry and UK ports. It is clear that protecting the health of those on ships and minimising the risk of transporting the coronavirus between different shores necessitates a focus on similar measures to those taken in society in general. These measures, however, need to be adapted to the very different environment on board ships.’
3PB, 28th April 2020
Source: www.3pb.co.uk
Residential Possession Proceedings: Coronavirus Lockdown – 4-5 Gray’s Inn Square
‘Thus far, the two major steps taken in housing law to address the
current coronavirus (COVID-19) crisis are:
– CPR PD 51Z
– Coronavirus Act 2020 s.3 and Sch.29’
4-5 Gray's Inn Square, 28th April 2020
Source: www.4-5.co.uk
Clarification of the Test for Dishonesty in Criminal Law: R v David Barton and Rosemary Booth [2020] EWCA Crim 575 – Park Square Barristers
‘In this landmark decision, a five – judge constitution of the Court of Appeal (Criminal Division), headed by the Lord Chief Justice of England and Wales, clarified that the test for dishonesty in criminal law is that set out by Lord Hughes in the Supreme Court authority of Ivey v Genting Casinos (UK) (trading as Cockfords Club) [2017] UKSC 67; [2018] AC 391. This test is to be preferred to the test of the Court of Appeal Criminal Division in R v Ghosh [1982] QB 1053.’
Park Square Barristers, 30th April 2020
Source: www.parksquarebarristers.co.uk
