R (Joint Council for the Welfare of Immigrants) v Secretary of State for the Home Department – Blackstone Chambers

Posted April 24th, 2020 in appeals, chambers articles, equality, housing, human rights, immigration, landlord & tenant, news by sally

‘The Court of Appeal (Davis, Henderson and Hickinbottom LJJ) has today [21 April] handed down judgment in this case. It has allowed the Secretary of State’s appeal against the High Court’s conclusion that the “right to rent” scheme, set out in sections 20-37 of the Immigration Act 2014, is incompatible with Article 14 ECHR (read with Article 8).’

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Blackstone Chambers, 21st April 2020

Source: www.blackstonechambers.com

Leading forensic scientist wins sex discrimination case – Daily Telegraph

Posted April 24th, 2020 in compensation, constructive dismissal, employment, employment tribunals, forensic science, news, sex discrimination, sexual orientation discrimination by sally

‘One of Britain’s leading forensic scientists was a victim of sexual discrimination after she was asked by her boss whether she disliked him because she was gay, an employment tribunal has ruled.’

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Daily Telegraph, 23rd April 2020

Source: www.telegraph.co.uk

Car owner killed vandal caught damaging wing-mirror – BBC News

Posted April 24th, 2020 in alcohol abuse, news, sentencing, suspended sentences, unlawful killing by sally

‘A car owner who fatally injured a vandal caught damaging his wing-mirror has been given a suspended sentence.’

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BBC News, 23rd April 2020

Source: www.bbc.co.uk

Knife offences hit record high in 2019 in England and Wales – The Guardian

Posted April 24th, 2020 in news, offensive weapons, police, statistics, violence by sally

‘The number of offences involving knives recorded by police in England and Wales in 2019 was the highest on record, official statistics show, with big cities driving up the numbers.’

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The Guardian, 23rd April 2020

Source: www.theguardian.com

HMT Direction issued on furlough under the Coronavirus Job Retention Scheme – 11KBW

Posted April 24th, 2020 in chambers articles, coronavirus, emergency powers, employment, news, practice directions, remuneration by sally

‘Since announcing the Coronavirus Job Retention Scheme (the “Scheme”) in mid-March, the Government has issued several iterations of Guidance which explain the Scheme – not all in the same way. On 15 April 2020, HMT issued the ‘Coronavirus Act 2020 Functions of Her Majesty’s Revenue and Customs (Coronavirus Job Retention Scheme) Direction’ (the “Direction”). It is the Direction which finally provides a basis in law for the Scheme and to which close attention should now be paid.’

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11KBW, April 2020

Source: www.11kbw.com

Commercial property landlords banned from demanding rent arrears – The Guardian

Posted April 24th, 2020 in coronavirus, debts, landlord & tenant, news, rent, repossession, winding up by sally

‘Commercial property landlords in the UK have been temporarily banned from taking legal action against tenants who have not paid their rent, to protect retailers and other businesses from “aggressive rent collection” during the coronavirus crisis.’

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The Guardian, 23rd April 2020

Source: www.theguardian.com

“The Devil Finds Work for Idle Hands” COVID-19’s Unwanted Cyber Side Effect – The 36 Group

Posted April 23rd, 2020 in chambers articles, computer crime, coronavirus, internet, news by sally

‘Cyber-crime is, at the best of times an evolving topic, in these exceptional times it is extremely fluid, as the ingenuity of the cybercriminal finds fertile ground upon which to prosper. We have in the recent past (literally) applauded the many positive actions that have emanated from this time extraordinary hardship and loss. Sadly, the recipe of “The devil finds work for idle hands” combined with the concept that the exceptional provides opportunity, cybercriminal ingenuity and a general state of latent fear, provides a meal of unrivalled opportunity for those with malevolent intent. The phrase “stay safe” is now of common occurrence. We need to be saying “stay safe” and “stay cyber safe” in these extraordinarily turbulent times.’

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The 36 Group, 22nd April 2020

Source: 36group.co.uk

Coronavirus & Arbitration: Institutional Responses, Challenges and Practical Tips (Part Two) – 39 Essex Chambers

Posted April 23rd, 2020 in arbitration, chambers articles, coronavirus, dispute resolution, live link evidence, news by sally

‘In the second of two articles looking at the impact of coronavirus on international arbitration,[1] we consider the following two questions:

1. What challenges must arbitration overcome in order to fully adapt to the demands of remote working?
2. How, practically, can these challenges be met?’

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39 Essex Chambers, 23rd April 2020

Source: www.39essex.com

Coronavirus & Arbitration: Institutional Responses, Challenges and Practical Tips (Part One) – 39 Essex Chambers

Posted April 23rd, 2020 in arbitration, chambers articles, coronavirus, dispute resolution, live link evidence, news by sally

‘The ongoing global pandemic created by Covid-19 (‘coronavirus’) has led to unprecedented restrictions on how we conduct our professional lives. In a matter of weeks, businesses around the world have had to make adjustments which, under different circumstances, would have been made over years – or not at all. The dispute resolution sector is no different.’

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39 Essex Chambers, 20th April 2020

Source: www.39essex.com

When is it unfair to conduct a hearing remotely? A look at Re P (A Child: Remote Hearing) [2020] EWFC 32 – St Philips Chambers

Posted April 23rd, 2020 in arbitration, chambers articles, coronavirus, dispute resolution, news, remote hearings by sally

‘In the current climate the court and all parties are having to grapple with the thorny issue of the appropriateness for a family law hearing to proceed remotely; particularly concerning contested issues.’

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St Philips Chambers, 22nd April 2020

Source: st-philips.com

Access to justice in remote hearings in the Court of Protection and Family Courts – Spire Barristers

Posted April 23rd, 2020 in chambers articles, coronavirus, Court of Protection, courts, family courts, live link evidence, news, remote hearings by sally

‘The Lord Chief Justice, the Master of the Rolls and President of the Family Division have written to Circuit and District Judges of the Civil and Family Courts to record their appreciation for the efforts being made across all parts of the judiciary to adapt to new styles of working during the pandemic. They observe that there has been a great deal that has been learned quickly about the practical benefits and limitations of conducting hearings remotely and extensive materials and support have been shared across the legal community to facilitate such hearings being undertaken.’

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Spire Barristers, 20th April 2020

Source: spirebarristers.co.uk

Do Me a Favour… But How? Helping your counterparties without risking your contractual rights – Radcliffe Chambers

Posted April 23rd, 2020 in chambers articles, company law, contracts, news by sally

‘A lot of attention has focused recently on how to get out of contracts by relying on frustration or force majeure. In the near future, there will be a reckoning of who has behaved well and who has behaved badly, irrespective of their legal rights. In this article, we look at ways in which our less cynical clients can do their commercial counterparties a favour, to help them get through the short term, without running the risk of losing their legal rights in the long term. While our clients might well want to help out the people with whom they do business, they would not want to lose out if they had to prove in a subsequent insolvency.’

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Radcliffe Chambers, 22nd April 2020

Source: radcliffechambers.com

Vaccination of Children in Care – St Philips Chambers

Posted April 23rd, 2020 in care orders, chambers articles, children, consent, duty of care, families, local government, medical treatment, news, parental rights, vaccination by sally

‘In the coming weeks and months, we are likely to be hearing more and more about a vaccine against coronavirus, and possible pressure and expectations to relax the regulations and timescales around trialling it. Parents are likely to be asked to consider and consent to a vaccine that they may have reservations about. Of course, we currently live in a country where recommended vaccinations are not mandatory, but require parents’ consent. It is not inconceivable that England & Wales will move to effectively requiring mandatory vaccination in order to access other services such as schools and nurseries. Pause for a minute and think of the implications for local authorities and foster placements.’

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St Philips Chambers, 14th April 2020

Source: st-philips.com

Covid19, Force Majeure and Frustration – Thomas More Chambers

Posted April 23rd, 2020 in chambers articles, contracts, coronavirus, news by sally

‘The Covid19 pandemic and subsequent lockdown have created chaos for many businesses, rendering performance of existing contractual obligations difficult or impossible. This article looks at the potential legal remedies available to businesses facing such difficulties.’

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Thomas More Chambers, 22nd April 2020

Source: www.thomasmore.co.uk

Young barristers spell out pandemic’s devastating financial toll – Legal Futures

Posted April 23rd, 2020 in barristers, coronavirus, criminal justice, legal aid, news, remuneration, self-employment by sally

‘Young barristers are being especially badly hit by the coronavirus crisis and they are unlikely to get much help from the government’s self-employment income support scheme (SEISS).’

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Legal Futures, 23rd April 2020

Source: www.legalfutures.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted April 23rd, 2020 in legislation by sally

The Offshore Petroleum Production and Pipe-lines (Assessment of Environmental Effects) (Coronavirus) (Amendment) Regulations 2020

The Health Protection (Coronavirus, Restrictions) (England) (Amendment) Regulations 2020

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted April 23rd, 2020 in law reports by sally

Court of Appeal (Civil Division)

The Union Castle Mail Steamship Company Ltd v HM Revenue and Customs & Ors [2020] EWCA Civ 547 (22 April 2020)

High Court (Administrative Court)

Gassa & Anor, R (on the application of) v Richmond Independent Appeals Service & Anor [2020] EWHC 957 (Admin) (22 April 2020)

Spitfire Bespoke Homes Ltd v Secretary of State for Housing Communities And Local Government [2020] EWHC 958 (Admin) (22 April 2020)

High Court (Chancery Division)

Carr v Thales Pension Trustees Ltd & Anor [2020] EWHC 949 (Ch) (22 April 2020)

Raja v McMIllan [2020] EWHC 951 (Ch) (22 April 2020)

High Court (Commercial Court)

National Bank of Kazakhstan the Republic of Kazakhstan v The Bank of New York Mellon SA/NV London & Ors [2020] EWHC 916 (Comm) (22 April 2020)

Tyndaris v MMWWVWM Ltd [2020] EWHC 778 (Comm) (22 April 2020)

A v B [2020] EWHC 952 (Comm) (22 April 2020)

Source: www.bailii.org

Health Records and the Deceased – Panopticon

Posted April 23rd, 2020 in bereavement, confidentiality, data protection, families, medical records, news by sally

‘The Access to Health Records Act 1990 is an oft-overlooked member of the information rights family, but it can have a useful role to play. In the case of Re AB [2020] EWHC 691 (Fam) (Re AB) it was important because the applicant was the personal representative seeking the health records of a deceased sibling; precisely the sort of territory to which data protection law does not apply.’

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Panopticon, 23rd April 2020

Source: panopticonblog.com

Ageism In The Age Of Covid-19 – Each Other

Posted April 23rd, 2020 in age discrimination, coronavirus, elderly, freedom of movement, human rights, news by sally

‘Older people are at risk of suffering worse outcomes amid the Covid-19 pandemic. But it is vital we acknowledge more than just their vulnerability.’

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Each Other, 22nd April 2020

Source: eachother.org.uk

East Finchley shooting: Man to face fifth trial over same murder charges – BBC News

Posted April 23rd, 2020 in murder, news, trials by sally

‘An Old Bailey judge has ruled that a man can go on trial on the same murder charges for a fifth time.’

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BBC News, 22nd April 2020

Source: www.bbc.co.uk