Self-Employed Income Support Scheme (‘SEISS’) – Old Square Chambers
‘With the scheme going live on 13 May 2020, Giles Powell and Conor Kennedy consider the SEISS and its effects.’
Old Square Chambers, 12th May 2020
Source: www.oldsquare.co.uk
New criminal sentencing provisions: Alcohol Abstinence and Monitoring Requirement comes into force on 19 May 2020 – 5SAH
‘Following the completion of a pilot of the Alcohol Abstinence and Monitoring Requirement (AAMR), section 76 of the Legal Aid Sentencing and Punishment of Offenders Act 2012 will come into force on 19 May 2020 (UKSI no.478 of 2020). Section 76 inserts a new section 212A to the Criminal Justice Act 2003 (“CJA 2003”), which empowers the court to impose an AAMR as a requirement of a community order or suspended sentence order.’
5SAH, 12th May 2020
Source: www.5sah.co.uk
Avoidance Of Insurance Policy Due To Unintentional Non-Disclosure Clause: Acorn Finance Limited v Markel (UK) Ltd [202] EWHC 922 Considered – Park Square Barristers
‘In this recent case, the Defendant was the professional indemnity insurer of Westoe 19 (formerly Colin Lilley Surveying Limited) referred to throughout the Judgment as “CLS”. CLS was a limited company whose business was property valuation.’
Park Square Barristers, 12th May 2020
Source: www.parksquarebarristers.co.uk
How court trials are coping with coronavirus – BBC News
‘A pilot scheme has begun to restart jury trials in the UK after they were halted due to the coronavirus pandemic.’
BBC News, 18th May 2020
Source: www.bbc.co.uk
Is it really true that Covid-19 is the virus that does not discriminate? – Park Square Barristers
‘Well that is what we have repeatedly been told by politicians and various medical and scientific advisers. However, statistical evidence shows to the contrary and that if you are BAME (Black, Asian, Minority Ethnic) then you are up to 4 times more likely to die after contracting the Coronavirus, making it clear that this is far from a level playing field.’
Park Square Barristers, 14th May 2020
Source: www.parksquarebarristers.co.uk
Ofcom: Christian TV network aired Covid-19 conspiracies – The Guardian
‘A Christian television channel founded by a Lagos-based megachurch pastor has been sanctioned by Ofcom for airing “potentially harmful statements” about the Covid-19 pandemic, including a baseless conspiracy that the virus is linked to the rollout of 5G phone networks.’
The Guardian, 18th May 2020
Source: www.theguardian.com
Depp v Denton: Hollywood star pleads for relief from sanctions – Law Society’s Gazette
‘Hollywood superstar Johnny Depp came up against the nuances of civil procedure rules yesterday after he asked for permission to call extra witnesses to his libel trial.’
Law Society's Gazette, 19th May 2020
Source: www.lawgazette.co.uk
Public Funds Part 2: Claiming Child Benefit – Richmond Chambers
‘In this second post, following on from Public Funds Part 1: Public Funds and Coronavirus we examine the one benefit that can potentially be claimed by migrants subject to the no recourse to public funds condition – child benefit.’
Richmond Chambers, 15th May 2020
Source: immigrationbarrister.co.uk
PPE: a consideration of civil liabilities – St Philips Barristers
‘Have we ever talked so much about PPE? Each breakfast bulletin features interviews with essential workers on the frontline of the COVID-19 pandemic, varyingly reporting inadequacies, shortages and faltering supply lines. When a shipment lands, it makes the news.’
St Philips Barristers, 14th May 2020
Source: st-philips.com
CFA Uplifts in Inheritance Act Claims: recent developments – St John’s Buildings
‘Conditional fee agreements have been a facet of contentious probate and estates litigation for many years and are, in many cases, the only realistic way for disappointed beneficiaries to fund litigation. This is particularly true of claims under the Inheritance (Provision for Family and Dependants) Act 1975.’
St John's Buildings, May 2020
Source: stjohnsbuildings.com
Youth courts: are we still failing our most vulnerable? – Counsel
‘Have the 2013 reforms improved the youth justice experience at all or were they simply good intentions, poorly executed? A walkthrough of the key issues – and ideas for change – by Tori Adams and Kirsty Day.’
Counsel, May 2020
Source: www.counselmagazine.co.uk
Safeguards over deprivations of liberty are “indispensable” to frail and vulnerable, says senior judge, amid “striking and troubling” drop in number of s.21A applications – Local Government Lawyer
‘The view that careful adherence to proper legal process and appropriate authorisation of deprivations of liberty may now, at times, be required to give way to other pressing welfare priorities is “entirely misconceived”, the Vice President of the Court of Protection has warned.’
Local Government Lawyer, 15th May 2020
Source: www.localgovernmentlawyer.co.uk
Beneficial variations invalidated by TUPE transfer – Employment Law Blog
‘What is the position if business owners employed by their own company award themselves substantially enhanced “golden parachute” terms in advance of a TUPE transfer, confident in the expectation that those liabilities will be picked up by the unwitting transferee?’
Employment Law Blog, 18th May 2020
Source: employment11kbw.com
A2P1 and Access to Education during Covid-19 – Monckton Chambers
‘As the home-time bell rang on 20 March 2020, schools and other educational providers across the country closed their doors in response to the Covid-19 pandemic. The only pupils currently permitted to attend school are vulnerable children and the children of key workers. All children, however, continue to enjoy the right to education under Article 2 of the First Protocol (A2P1) of the European Convention on Human Rights (ECHR).’
Monckton Chambers, 18th May 2020
Source: www.monckton.com
BAILII: Recent Decisions
Court of Appeal (Civil Division)
High Court (Chancery Division)
Mackay v Wesley [2020] EWHC 1215 (Ch) (18 May 2020)
Patel v Iqbal [2020] EWHC 1174 (Ch) (18 May 2020)
High Court (Commercial Court)
High Court (Family Division)
AS v CPW [2020] EWHC 1238 (Fam) (18 May 2020)
FX and MJX v CAFCASS Legal [2020] EWHC 1227 (Fam) (18 May 2020)
High Court (Queen’s Bench Division)
National Crime Agency v Leahy & Ors [2020] EWHC 1242 (QB) (18 May 2020)
Depp II v News Group Newspapers Ltd & Anor [2020] EWHC 1237 (QB) (18 May 2020)
Razaq v Zafar [2020] EWHC 1236 (QB) (18 May 2020)
High Court (Technology and Construction Court)
DBE Energy Ltd v Biogas Products Ltd [2020] EWHC 1232 (TCC) (18 May 2020)
Source: www.bailii.org
‘Sobriety ankle tags’ to monitor offenders’ sweat – BBC News
‘Around 2,000 offenders who commit crimes fuelled by alcohol are to be fitted with ankle tags to monitor whether they have been drinking.’
BBC News, 19th May 2020
Source: www.bbc.co.uk
Legal case launched over UK’s ‘outdated’ energy policies – The Guardian
‘The government faces a legal challenge over a set of “outdated” energy policies which are being used to approve fossil fuel projects even after it vowed to end Britain’s contribution to the climate crisis.’
The Guardian, 18th May 2020
Source: www.theguardian.com
Return To Work During The Coronavirus Pandemic – Navigating Through The Employment Law Minefield – Hardwicke Chambers
‘With the recent announcement that lockdown measures are to be eased, and those who cannot work from home should return to work, we are likely to see a greater proportion of the workplace slowly return to work. The Prime Minister has announced that those in construction and manufacturing, scientific research, logistics and food production should return to work, once their employers have confirmed that it is safe for them to do so and set a “road-map” for the re-opening of shops, restaurants and other venues as well as workplace specific guidance for working safely during coronavirus.’
Hardwicke Chambers, 14th May 2020
Source: hardwicke.co.uk
High Court rules on the effect of confidentiality clause in a settlement agreement – St Ives Chambers
‘In Duchy Farm Kennels Limited v Steels [2020] EWHC 1208 (QB) Alexander PritchardJones appeared in an important case about the effect of breaches of confidentiality clauses contained within settlement agreements.’
St Ives Chambers, 14th May 2020
Source: www.stiveschambers.co.uk
