Whittington Hospital NHS Trust v XX [2020] UKSC 14 – Old Square Chambers
‘The Respondent (X) had been rendered infertile due to the trust’s negligence. Liability was admitted.’
Old Square Chambers, 8th April 2020
Source: www.oldsquare.co.uk
Family Law Arbitration: Is it for me? – Pump Court Chambers
‘On 22nd February 2012 a new method of alternative dispute resolution was launched to assist parties to resolve their family problems: arbitration. Arbitration in Family Law developed at around the time when the scope of legal aid was being restricted as a result of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 and the Regulations made pursuant to that Act.’
Pump Court Chambers, 8th April 2020
Source: www.pumpcourtchambers.com
The impact of Coronavirus, part 2: attending hearings in the Crown Court remotely – 6KBW College Hill
‘On 25 March 2020, the Coronavirus Act 2020 (‘the 2020 Act’) was given Royal Assent. Most of its provisions came into force immediately (s. 87). Almost all of them will expire within two years (s. 89). As an additional safeguard, Parliament is required to conduct a review of the legislation every six months (s. 98). The 2020 Act has, at least for the time being, radically changed the appearance of proceedings in the Crown Court: there will now be hearings where neither the parties nor the judge will actually be in court at all.’
6KBW College Hill, 2nd April 2020
Source: blog.6kbw.com
Receivership in the COVID-19 Crisis – Falcon Chambers
‘The Covid-19 crisis, and the Government’s containment measures, have had an extraordinary effect on business and society. This article looks at the legal implications for receiverships, focussing on the effect on existing receiverships.’
Falcon Chambers, April 2020
Source: www.falcon-chambers.com
Vulnerability and the PSED: No arid debates. No straitjackets. No disciplinary stick – Local Government Lawyer
‘The Court of Appeal has upheld the decisions of two councils where reviewing officers had considered the Public Sector Equality Duty without making clear findings as to whether the applicant in each case was disabled, and concluded that those applicants were not vulnerable. Michael Paget, Zoë Whittington, Catherine Rowlands and Rowan Clapp report.’
Local Government Lawyer, 17th April 2020
Source: www.localgovernmentlawyer.co.uk
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.’
OUT-LAW.com, 17th April 2020
Source: www.pinsentmasons.com
BAILII: Recent Decisions
High Court (Administrative Court)
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.’
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’).’
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.’
Legal Futures, 20th April 2020
Source: www.legalfutures.co.uk
Lasting Powers of Attorney – Family Law
‘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.’
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.’
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.’
Pump Court Chambers, 4th April 2020
Source: www.pumpcourtchambers.com
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.’
Falcon Chambers, 15th April 2020
Source: www.falcon-chambers.com
Fully remote jury test a ‘success for open justice’ – Law Society’s Gazette
‘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.’
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”.’
Blackstone Chambers, 23rd March 2020
Frustration, Force Majeure and Covid-19 – Hardwicke Chambers
‘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.’
Hardwicke Chambers, 14th April 2020
Source: hardwicke.co.uk
DVSA told to act after Attleborough man killed by lorry – BBC News
‘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.’
BBC News, 19th April 2020
Source: www.bbc.co.uk
