Coronavirus job retention scheme: what employers should do – OUT-LAW.com

‘The UK Treasury has now published the formal rules of the Coronavirus Job Retention Scheme in the form of a Treasury direction, as well as announcing that the scheme will run until at least 30 June 2020.’

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OUT-LAW.com, 17th April 2020

Source: www.pinsentmasons.com

Recent Statutory Instruments – legislation.gov.uk

Posted April 20th, 2020 in legislation by sally

The Safeguarding Vulnerable Groups Act 2006 (Regulated Activities) (Coronavirus) Order 2020

The Civil Aviation (Aerial Advertising) (Amendment) Regulations 2020

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted April 20th, 2020 in law reports by sally

High Court (Administrative Court)

Ojebode (aka Benedicta Ojebode Oluremilekun Thomas), Criminal Justice Act 1988 [2020] EWHC 923 (Admin) (17 April 2020)

High Court (Chancery Division)

Debenhams Retail Ltd, Re [2020] EWHC 921 (Ch) (17 April 2020)

High Court (Commercial Court)

Manchester Shipping Ltd v Balfour Shipping Ltd & Anor [2020] EWHC 915 (Comm) (17 April 2020)

High Court (Queen’s Bench Divis

Mitrasinovic v Stroud [2020] EWHC 914 (QB) (17 April 2020)

Harris v Bartrums Haulage and Storage Ltd & Anor [2020] EWHC 900 (QB) (17 April 2020)

GML International Ltd & Ors v Harfield [2020] EWHC 909 (QB) (17 April 2020)

Source: www.bailii.org

Noise Induced hearing loss: De minimis, the better hearing ear and acceleration injuries – Parklane Plowden

‘This article will discuss the first instance decision of DJ Adams in the case of French v Secretary of State for Business, Energy and Industrial Strategy heard in Newcastle County Court on noise-induced hearing loss.’

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Parklane Plowden, 1st April 2020

Source: www.parklaneplowden.co.uk

Stay at Home – Housing Law in the Coronavirus Pandemic – Pump Court Chambers

‘In a time when we are all being urged to stay in our homes it seems appropriate to consider the recent changes to Housing Law in light of the Coronavirus pandemic. This article will consider the Coronavirus Act 2020, Practice Direction 51Z and the Guidance document issued by the Ministry of Housing, Communities and Local Government (‘Guidance’).’

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Pump Court Chambers, 7th April 2020

Source: www.pumpcourtchambers.com

SRA: Legal Services Act regime “struggling to remain relevant” – Legal Futures

‘The rate of change in the legal market makes it “increasingly difficult” for the regulatory framework laid down by the Legal Services Act to remain relevant, the Solicitors Regulation Authority (SRA) has warned.’

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Legal Futures, 20th April 2020

Source: www.legalfutures.co.uk

Lasting Powers of Attorney – Family Law

Posted April 20th, 2020 in families, news, powers of attorney by sally

‘LPAs are crucially important documents which, like Wills, everyone should consider putting in place. They have become increasingly popular since their introduction in 2007.
It is often thought that LPAs are ‘for the elderly’ or ‘only needed if you have lost mental capacity’. However, they can, in fact, be helpful in a wide range of circumstances, not only if one has lost mental capacity and, in any event, it is important to think about LPAs before the point of loss of capacity.’

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Family Law, 16th April 2020

Source: www.familylaw.co.uk

The essential contents of a furlough letter/email/agreement – 3PB

‘If you are reading this article with alacrity, chances are you are in charge of a business contemplating adoption of the Government’s Coronavirus Job Retention Scheme (the Scheme) in preference to laying-off or making redundant some or all of your workforce; that, or you will be looking to advise such people on what to include within a furlough letter.’

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3PB, 7th April 2020

Source: www.3pb.co.uk

The Coronavirus Job Retention Scheme – Pump Court Chambers

‘The Coronavirus Job Retention Scheme (“the Scheme”) was announced by the government on 20th March 2020.’

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Pump Court Chambers, 4th April 2020

Source: www.pumpcourtchambers.com

Bar ramps up aid initiatives – Law Society’s Gazette

Posted April 20th, 2020 in barristers, budgets, coronavirus, inns of court, news by sally

‘Barristers have been urged to donate to an emergency hardship fund and the Inns of Court are scrambling to create support packages for junior lawyers, after warnings that demand for financial help in the Covid-19 crisis will outstrip resources.’

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Law Society's Gazette,20th April 2020

Source: www.lawgazette.co.uk

University College London Hospitals Foundation Trust v MB [2020] EWHC 882 (QB): the unintended consequences of the stay of possession claims under Practice Direction 51Z – Falcon Chambers

‘Practice Direction 51Z was hastily brought into force on Friday 27 March 2020, after the Prime Minister’s televised instructions to the nation on the evening of Monday 23 March 2020 that everyone should stay at home in order to beat coronavirus. Practice Direction 51Z imposed a three-month stay on all Part 55 possession proceedings, which ensures that those who were facing the possibility of eviction from their home have some protection during the crisis. However, since the Practice Direction came into force, property practitioners have been grappling with the possibly unintended consequences that come from its very wide scope. This has been brought into sharp focus by the recent case of University College London Hospitals Foundation Trust v MB [2020] EWHC 882 (QB), in which PD51Z prevented an NHS Trust from obtaining a possession order to facilitate the discharge of a patient from hospital, in circumstances where her bed was needed for critically ill-patients, she was medically fit for discharge, and indeed she would be at less risk of infection from COVID-19 if out of the hospital. As this article explains, the NHS Trust in the UCLH case was able to obtain the relief it needed by the alternative route of an injunction, but the case nevertheless highlights that PD51Z may need to be revisited.’

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Falcon Chambers, 15th April 2020

Source: www.falcon-chambers.com

Fully remote jury test a ‘success for open justice’ – Law Society’s Gazette

Posted April 20th, 2020 in coronavirus, courts, juries, live link evidence, news, remote hearings, trials by sally

‘Campaign group Justice has run an experimental fully remote jury trial to test whether it could be a fair alternative to face-to-face hearings during the coronavirus lockdown.’

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Law Society's Gazette, 20th April 2020

Source: www.lawgazette.co.uk

Civil Procedure, Human Rights and the Coronavirus (Part 2) – Blackstone Chambers

‘The first article in this mini-series addressed the current position taken by Courts, Tribunals and other relevant bodies and key issues for litigators. Following the present article, the final instalment will be entitled “Civil Procedure, Litigation and the Coronavirus”.’

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Blackstone Chambers, 23rd March 2020

Source: coronavirus.blackstonechambers.com

Frustration, Force Majeure and Covid-19 – Hardwicke Chambers

Posted April 20th, 2020 in chambers articles, contracts, coronavirus, news by sally

‘Frustration and force majeure are legal concepts very much to the fore during the Covid-19 pandemic. John de Waal QC and Tom Bell review how they apply to the current coronavirus situation.’

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Hardwicke Chambers, 14th April 2020

Source: hardwicke.co.uk

DVSA told to act after Attleborough man killed by lorry – BBC News

Posted April 20th, 2020 in accidents, coroners, dangerous driving, news, road safety, standards by sally

‘A coroner has called for changes to HGV training after an 82-year-old pedestrian was hit and killed while standing in a driver’s blind spot.’

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BBC News, 19th April 2020

Source: www.bbc.co.uk

The implied term of trust and confidence & the Coronavirus Job Retention Scheme – Old Square Chambers

‘The Coronavirus Job Retention Scheme (“the Scheme”) is a grant that, for those eligible, covers 80% of the usual monthly wage costs up to a ceiling of £2,500 per month plus associated employer NICs and employer pension contributions paid on the furlough pay up to the level of the minimum automatic enrolment employer contribution. Employees can be on any type of employment contract, including full-time, part-time, agency, flexible or zero-hour contracts. Foreign nationals are also eligible to be furloughed.’

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Old Square Chambers, 14th April 2020

Source: www.oldsquare.co.uk

Charterparty Indemnity Clauses and Injunctive Relief – 33 Bedford Row

Posted April 20th, 2020 in chambers articles, charterparties, indemnities, interpretation, news by sally

‘The case concerned the interpretation of an indemnity clause in an amended Shellvoy6 form Charterparty and whether the Claimant time charterers should be granted injunctive relief, in the form of security to be provided by the Defendant voyage charterers, so as to enable release of the MT “Miracle Hope” (the “Vessel”), which was under arrest in Singapore.’

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33 Bedford Row, 7th April 2020

Source: www.33bedfordrow.co.uk

Union seeks legal immunity for NHS medics in pandemic – The Guardian

Posted April 20th, 2020 in coronavirus, dentists, doctors, immunity, indemnities, negligence, news, nurses, trade unions by sally

‘The NHS could be faced with billions of pounds of medical negligence claims if it does not grant some form of legal immunity to medics risking their lives during the pandemic, the government has been warned. The Medical Defence Union (MDU), which provides legal support to around 200,000 doctors, nurses, dentists and other healthcare workers, is calling for a debate over the need for emergency legislation.’

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The Guardian, 19th April 2020

Source: www.theguardian.com

Case Comment by Nathan Davis – Pwr and others v Director of Public Prosecutions [2020] EWHC 798 (Admin) – is an offence under section 13(1) Terrorism Act 2000 a strict liability offence? – Park Square Barristers

Posted April 20th, 2020 in chambers articles, demonstrations, news, strict liability, terrorism by sally

‘Pwr and others v Director of Public Prosecutions [2020] EWHC 798 (Admin) – is an offence under section 13(1) Terrorism Act 2000 a strict liability offence?’

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Park Square Barristers, 9th April 2020

Source: www.parksquarebarristers.co.uk

Coronavirus: Police fine three Londoners over 250-mile camping trip to Wales during lockdown – The Independent

Posted April 20th, 2020 in coronavirus, emergency powers, enforcement, fines, freedom of movement, news by sally

‘Police in Wales have fined a group of Londoners who were caught camping around 250 miles from the capital during the lockdown.’

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The Independent, 19th April 2020

Source: www.independent.co.uk