Remote Hearings and Witness Evidence – Pump Court Chambers

Posted May 12th, 2020 in chambers articles, evidence, news, remote hearings, witnesses by sally

‘Remote hearings come with particular difficulties. One obvious difficulty is that the parties cannot see each other as well as they might in the courtroom. But how much of a problem is this?’

Full Story

Pump Court Chambers, 29th April 2020

Source: www.pumpcourtchambers.com

Bereaved families seek ‘justice’ for UK victims of coronavirus – The Guardian

Posted May 12th, 2020 in bereavement, coronavirus, families, ministers' powers and duties, news by sally

‘Bereaved British families whose relatives died because of Covid-19 have formed a group to campaign for justice, demanding that the government accepts its failures may have contributed to their deaths.’

Full Story

The Guardian, 11th May 2020

Source: www.theguardian.com

Junior lawyers “lose confidence” in SRA after Matthews case – Legal Futures

‘Junior lawyers have lost confidence in the Solicitors Regulation Authority’s (SRA) approach to dealing with inexperienced solicitors who have mental health issues or worked in toxic environments, the regulator has been told.’

Full Story

Legal Futures, 11th May 2020

Source: www.legalfutures.co.uk

Chief Coroner’s Guidance Number 37, Covid – 19 deaths and possible exposure in the workplace. When should a coroner open an investigation? – Park Square Barristers

Posted May 12th, 2020 in coronavirus, coroners, inquests, news, personal injuries by sally

‘An inquest can sometimes present the only opportunity for a family to ask questions about the circumstances leading to the death of a relative. It can also form an important part of the investigation into a potential claim for personal injury causing death. In relation to deaths arising from Covid – 19 those claims are likely to come from families of employees who have died following exposure to Covid – 19 in the workplace. This article reviews the Chief Coroner’s Guidance Number 37 (CCG 37) dated 28 April 2020 and the Notification of Death Regulations 2019 in considering when a coroner’s investigation should be opened in respect of a Covid – 19 death where possible exposure was in the workplace.’

Full Story

Park Square Barristers, 29th April 2020

Source: www.parksquarebarristers.co.uk

Disabled claimant to challenge NHS England guidance restricting hospital visitors – Local Government Lawyer

‘A disabled woman has sent a pre-action protocol letter to NHS England over its “Visitor guidance”, which imposes restrictions on those entering hospitals.’

Full Story

Local Government Lawyer, 11th May 2020

Source: www.localgovernmentlawyer.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted May 12th, 2020 in legislation by sally

The Merchant Shipping (Port State Control and Prevention of Pollution from Noxious Liquid Substances in Bulk) (Amendment) Regulations 2020

Source: www.legislation.gov.uk

Court issues guidance on e-bundles for short applications – Litigation Futures

Posted May 12th, 2020 in coronavirus, documents, electronic filing, news, time limits by sally

‘Counsel presenting short applications should be “retained in sufficient time” to enable them to advise on the contents of the electronic bundle, the High Court has recommended.’

Full Story

Litigation Futures, 12th May 2020

Source: www.litigationfutures.com

Oligarch’s wife brings son into high-stakes divorce case – The Guardian

Posted May 12th, 2020 in champerty, divorce, families, joinder, news, third parties by sally

‘It is proving to be a very modern divorce. Armies of lawyers and advisers; hundreds of millions of pounds at stake; priceless art; a superyacht; a key lieutenant switching sides; the son dragged into the proceedings by his mother. No wonder some involved have likened it to The War of the Roses, the dark Hollywood comedy about a feuding couple starring Kathleen Turner and Michael Douglas.’

Full Story

The Guardian, 10th May 2020

Source: www.theguardian.com

BAILII: Recent Decisions

Posted May 12th, 2020 in law reports by sally

Court of Appeal (Civil Division)

Viasat UK Ltd & Anor v The Office of Communications & Anor [2020] EWCA Civ 624 (11 May 2020)

High Court (Administrative Court)

Cosar v HMP Wandsworth & Ors [2020] EWHC 1142 (Admin) (11 May 2020)

Lochailort Investments Ltd, R (on the application of) v Norton ST Philip Parish Council [2020] EWHC 1146 (Admin) (11 May 2020)

High Court (Chancery Division)

European Film Bonds AS & Ors v Lotus Holdings LLC & Ors [2020] EWHC 1115 (Ch) (11 May 2020)

Brake & Ors v Swift & Anor [2020] EWHC 1156 (Ch) (11 May 2020)

Tailby , Re TPS Investments (UK) Ltd [2020] EWHC 1135 (Ch) (11 May 2020)

High Court (Family Division)

A Local Authority v The Mother & Ors [2020] EWHC 1162 (Fam) (11 May 2020)

High Court (Technology and Construction Court)

City East Recruitment Ltd v British Gas Social Housing Ltd [2020] EWHC 1159 (TCC) (11 May 2020)

Source: www.bailii.org

Limitation in historic sex abuse claims: recent decisions on the exercise of section 33 of the Limitation Act 1980 – 12 King’s Bench Walk

Posted May 11th, 2020 in chambers articles, delay, limitations, news, sexual offences by sally

‘A series of judgments have already been handed down this year that deal with limitation in historic sex abuse cases. Each addresses whether it is equitable to allow the claim to proceed by disapplying the long-expired limitation period, by exercising the discretion under section 33 of the Limitation Act 1980.’

Full Story

12 King's Bench Walk, 1st May 2020

Source: www.12kbw.co.uk

Old Bailey jury trials to resume this week – Law Society’s Gazette

Posted May 11th, 2020 in coronavirus, courts, criminal justice, Crown Court, juries, news, trials by sally

‘Two jury trials will resume at the Old Bailey this week as first steps toward Crown court cases restarting around the country. However, the criminal bar warned that a resumption of normal service “remains many weeks off”.’

Full Story

Law Society's Gazette, 10th May 2020

Source: www.lawgazette.co.uk

Scott v LGBT Foundation Ltd: When Dealing with Personal Information Falls Outside the Data Protection Regime – The 36 Group

‘In Scott v LGBT Foundation Ltd [2020] EWHC 483 (QB) the High Court held that “a verbal disclosure does not constitute the processing of personal data” under the Data Protection Act 1998 (“DPA 1998”).’

Full Story

The 36 Group, 5th May 2020

Source: 36group.co.uk

UK contact-tracing app could fall foul of privacy law, government told – The Guardian

‘The NHS contact-tracing app must not be rolled out across the UK until the government has increased privacy and data protections, an influential parliamentary committee has said, as rights groups warn that the current trial is unlawful under the Data Protection Act.’

Full Story

The Guardian, 7th May 2020

Source: www.theguardian.com

Good faith: Is English law swimming against the international tide? – The 36 Group

Posted May 11th, 2020 in chambers articles, contracts, news by sally

‘The general obligation of good faith in the performance of contractual obligations is widely recognised and accepted overseas both in civil law jurisdictions and also now in most common law jurisdictions.’

Full Story

The 36 Group, 1st May 2020

Source: 36group.co.uk

Have you just unreasonably refused to mediate? – 33 Bedford Row

Posted May 11th, 2020 in chambers articles, dispute resolution, news by sally

‘If a party is a signatory to a pre-existing dispute clause, that will normally be binding upon them save for specific circumstances outside the scope of this article. Our present focus is where disputants are not bound to mediate, but one side proposes mediation.’

Full Story

33 Bedford Row, 30th April 2020

Source: www.33bedfordrow.co.uk

No vicarious liability for a ‘personal vendetta’: WM Morrisons Supermarkets plc (Appellant) v Various Claimants (Respondents) – [2020] UKSC 12 – 3PB

‘Morrisons, the Appellant by the time this case reached the Supreme Court, are, of course, a well-known national chain of supermarkets. The Respondents in this case were approximately 9,000 employees or former employees of Morrisons.’

Full Story

3PB, May 2020

Source: www.3pb.co.uk

Stay? Maybe Stayed? No Stay? – 4-5 Gray’s Inn Square

‘Without, hopefully, being too flippant, the above are, essentially, the questions that the Court of Appeal will be considering tomorrow in relation to Practice Direction 51Z, in Arkin v Marshall.’

Full Story

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

Source: www.4-5.co.uk

Home Office’s denial of benefits to migrant families unlawful, court rules – The Guardian

‘Lawyers for an eight-year-old British boy have won a ruling that a Home Office policy denying families like his access to the welfare safety net is unlawful.’

Full Story

The Guardian, 7th May 2020

Source: www.theguardian.com

Plans for early prisoner release shelved by government – BBC News

Posted May 11th, 2020 in coronavirus, early release, news, prisons, statistics by sally

‘Proposals to release some offenders from prison earlier than planned have been shelved by the government.’

Full Story

BBC News, 10th May 2020

Source: www.bbc.co.uk

Child Protocol in Criminal Cases – Garden Court Chambers

‘The impact of COVID-19 and the guidance from Government to take all precautions to avoid unnecessary contact, has seen understandable and unprecedented changes to the justice system. The Lord Chief Justice has announced that, where possible, criminal hearings should take place remotely and no new jury trials can begin, causing all future trials to be postponed.’

Full Story

Garden Court Chambers, 5th May 2020

Source: www.gardencourtchambers.co.uk