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

Posted April 20th, 2020 in chambers articles, contract of employment, coronavirus, employment, news, remuneration by sally

‘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

The impact of Coronavirus, part 3: the emergency criminal offences – 6KBW College Hill

Posted April 20th, 2020 in chambers articles, coronavirus, criminal justice, emergency powers, enforcement, news, statutory interpretation by sally

‘The current pandemic has led to a flood of emergency legislation. This post deals with The Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 (SI 2020 No. 350) made under the Public Health (Control of Disease) Act 1984, which supplement the Coronavirus Act 2020. The Regulations are, as is now trite, the strictest control on peacetime life in the modern history of the United Kingdom, and they set out the limits of the “lockdown” and how it is to be enforced. This post aims to set out how the Regulations apply to individuals, and provide some analysis of their contents.’

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6KBW College Hill, 6th April 2020

Source: blog.6kbw.com

UK courts told not to ‘overreact’ during coronavirus crisis – The Guardian

Posted April 20th, 2020 in coronavirus, courts, criminal justice, emergency powers, enforcement, imprisonment, news, nuisance, sentencing by sally

‘Courts must take care not to “overreact in unprecedented times”, a former director of public prosecutions has said, amid concerns that lengthy sentences being imposed during the coronavirus crisis could be excessive.’

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The Guardian, 19th April 2020

Source: www.theguardian.com

COVID-19 and Business Interruption Insurance – Thomas More Chambers

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

‘If you find the word “virus” in the Definitions section of a typical business insurance policy, it will likely refer to malware, trojans or spyware infecting a company’s computer system and not to Covid-19 or anything like it which infects people.’

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Thomas More Chambers, 14th April 2020

Source: www.thomasmore.co.uk

Coronavirus: County lines drug dealers ‘stick out like a sore thumb’ during lockdown, say police – The Independent

Posted April 20th, 2020 in children, coronavirus, criminal justice, drug offences, drug trafficking, gangs, news by sally

‘The coronavirus pandemic could provide an unexpected opportunity for police forces to tackle county lines drug dealing as the lockdown means criminals “stick out like a sore thumb”, senior officers have said.’

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The Independent, 20th April 2020

Source: www.independent.co.uk

Firm’s “drinking culture” led solicitor to alcoholism – Legal Futures

Posted April 17th, 2020 in alcohol abuse, alcoholism, disciplinary procedures, drunk in charge, fines, law firms, news, solicitors by sally

‘A solicitor who became an alcoholic after taking part in the drinking culture of a former firm has been fined by a tribunal after two drink-driving convictions.’

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Legal Futures, 17th April 2020

Source: www.legalfutures.co.uk

Judges call for review of costs rules after QOCS judgment – Law Society’s Gazette

Posted April 17th, 2020 in accidents, appeals, compensation, costs, news, part 36 offers, personal injuries by sally

‘Judges in the Court of Appeal have urged rule-makers to look again at the nuances of qualified one-way costs shifting after a judgment over whether a defendant could set off their costs liability against the claimant.’

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Law Society's Gazette, 16th April 2020

Source: www.lawgazette.co.uk

EP 107: Climate Change and Lock Down – Thomas Muinzer & David Hart QC – Law Pod UK

Posted April 17th, 2020 in climate change, environmental protection, government departments, news, planning, podcasts, railways, transport by sally

‘Energy expert Thomas Muinzer and David Hart QC discuss the Climate Change Act, the extent to which the UK has reached its own goals for carbon emission reduction, and two recent challenges in the courts to projects involving GHG emissions. This is even more topical, given the recent decision to go ahead HS2, despite the current lockdown.’

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Law Pod UK, 17th April 2020

Source: audioboom.com

Coping with Remote Hearings – Falcon Chambers

Posted April 17th, 2020 in chambers articles, coronavirus, courts, live link evidence, news, remote hearings by sally

‘At the turn of the new year it would have been unthinkable to suggest that in just three months the majority of the courts in England and Wales would be closed, that is, at least in the physical sense. In the wake of Covid-19 the Courts have remained open for business however, most of that business is now being conducted in the virtual realm. From online mediations and applications to full-blown witness actions, this is a brave new world for most practitioners, particularly those in civil law, who are used to lugging paper-laden suitcases up and down the various Courts in the land.’

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Falcon Chambers, 6th April 2020

Source: www.falcon-chambers.com

The Coronavirus Act 2020 and Adult Social Care – 4-5 Gray’s Inn Square

Posted April 17th, 2020 in chambers articles, coronavirus, duty of care, easements, local government, news, social services, statutory interpretation by sally

‘This note is intended to assist local authorities when considering their Care Act 2014 duties following the Coronavirus Act 2020 (“The Act”) coming into force on 3 March 2020[1]. The Secretary of state issued Guidance on 01 April 2020. The Act contains provision for “easements” of Care Act 2014 duties during the emergency.’

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4-5 Gray's Inn Square, 7th April 2020

Source: www.4-5.co.uk

Court of Appeal’s judgment in the case of James v Hertsmere Borough Council: What does it mean for jurisdiction of County Court? – Garden Court Chambers

Posted April 17th, 2020 in appeals, chambers articles, contracting out, county courts, homelessness, housing, local government, news by sally

‘Today [2 April] the Court of Appeal handed down judgment in James v Hertsmere Borough Council [2020] EWCA Civ 489. The judgment answered a question that has been troubling homelessness lawyers for several years now: does the County Court have jurisdiction, when hearing homelessness appeals, to consider challenges to councils’ ‘contracting-out’ processes?’

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Garden Court Chambers, 2nd April 2020

Source: www.gardencourtchambers.co.uk

A Procedural Roadmap for Easement Claims – St Ives Chambers

Posted April 17th, 2020 in chambers articles, easements, news by sally

‘Easement disputes are a staple of real property practice. Some can be of very high value, particularly where the existence of an easement has an impact on a development. Many, however, arise out of neighbour disputes. Despite having a more modest value, these claims are no less important to the parties involved and indeed can be no less complex. As with all neighbour disputes, costs have a tendency to spiral.’

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St Ives Chambers, 8th April 2020

Source: www.stiveschambers.co.uk

Value Based Charging and Electronic Disclosure – Ropewalk Chambers

Posted April 17th, 2020 in chambers articles, civil procedure rules, disclosure, documents, electronic filing, news, practice directions by sally

‘Practice Direction 31A of the CPR 1998 contemplates specifically that disclosure of electronic documents may be carried out by using keyword or other automated searches.’

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Ropewalk Chambers, 6th April 2020

Source: www.ropewalk.co.uk

Morrison: It May Not Be Over Yet: Vicarious Liability Explained by the Supreme Court (Liability of Joint Controllers Unaffected) – The 36 Group

Posted April 17th, 2020 in appeals, damages, data protection, employment, news, Supreme Court, vicarious liability by sally

‘In Morrison the Supreme Court was at pains to re-state and explain a previous judgment on an employer’s vicarious liability for employees that had been misinterpreted and misapplied both at trial and in the Court of Appeal. What was not examined at any level was the primary liability of joint data controllers, as regulated by the General Data Protection Regulation. This article looks at what the Supreme Court said about vicarious liability and the position of joint controllers.’

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The 36 Group, 14th April 2020

Source: 36group.co.uk

Delimiting Vicarious Liability in the Context of Independent Contractors – 12 King’s Bench Walk

Posted April 17th, 2020 in chambers articles, contracting out, damages, doctors, employment, news, sexual offences, Supreme Court, vicarious liability by sally

‘The law around vicarious liability has been “on the move” since at least the 2012 landmark decision of the Supreme Court in Various Claimants v Catholic Child Welfare Society [2012] UKSC 56 (the “Christian Brothers case”). However, after years of expansion, the Supreme Court has now held in Barclays Bank plc v Various Claimants [2020] UKSC 13 that liability will not always be imposed for the acts of an independent contractor.’

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12 King's Bench Walk, 3rd April 2020

Source: www.12kbw.co.uk

Vicarious Liability – the move is over – Hailsham Chambers

Posted April 17th, 2020 in appeals, chambers articles, damages, data protection, doctors, employment, news, sexual offences, Supreme Court, vicarious liability by sally

‘On 1 April 2020, the Supreme Court handed down judgment in two conjoined Vicarious Liability cases: WM Morrisons Supermarkets plc v Various Claimants [2020] UKSC 12 and Barclays Bank plc v Various Claimants [2020] UKSC 13. In this article, Michael Patrick reviews those judgments and considers their impact on the law of Vicarious Liability.’

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Hailsham Chambers, 9th April 2020

Source: www.hailshamchambers.com