The Curse of Covid-19: A Fresh Look at Force Majeure and Frustration – Forum Chambers

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

‘In the face of the COVID-19 pandemic, governments around the world have been forced to impose draconian restrictions on the public’s freedom of movement and assembly, and the ability to work and trade. Although there is a growing international consensus that these measures are absolutely necessary to slow the rate of infection and save lives, it is undeniable that they, together with the pandemic itself, will have a profound impact on businesses and individual livelihoods.’

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Forum Chambers, 7th April 2020

Source: www.forumchambers.com

The Release of Prisoners (Alteration of Relevant Proportion of Sentence) Order 2019 – An Update – St Ives Chambers

Posted April 17th, 2020 in chambers articles, delay, early release, news, prisons, sexual offences, violent offenders by sally

‘As of 1st of April 2020, the Government’s election pledge of delaying the release point of serious sexual and violent offenders came into force by way of the Release of Prisoners (Alteration of Relevant Proportion of Sentence) Order 2019.’

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St Ives Chambers, 10th April 2020

Source: www.stiveschambers.co.uk

Workchain: unauthorised data access is a serious offence for companies and their officers – Henderson Chambers

Posted April 17th, 2020 in appeals, chambers articles, coronavirus, data protection, employment, internet, news, pensions by sally

‘As the Coronavirus causes unprecedented and rapid change in our daily lives and many of us get used to the challenges of remote working, it is a good time to remind clients of the recent CoA decision in R. (on the application of Pensions Regulator) v Workchain Ltd [2019] EWCA Crim 1422 which demonstrates the wide application of the Computer Misuse Act 1990 (“CMA”). The case serves as a stark warning for companies and their officers who are not taking data security seriously. Tim Green was instructed by The Pensions Regulator (“TPR”).’

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Henderson Chambers, 3rd April 2020

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Three Month Moratorium on Consumer Credit Debts – Henderson Chambers

Posted April 17th, 2020 in chambers articles, consumer credit, coronavirus, debts, delay, financial regulation, financial services ombudsman, interest, news by sally

‘The Covid-19 crisis has led the Financial Conduct Authority to issue authoritative guidance to consumer credit lenders which will oblige them to grant a three month moratorium on debts and to reduce interest costs.’

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Henderson Chambers, 9th April 2020

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Unexplained Wealth Orders Discharged – 23 Essex Street

Posted April 17th, 2020 in chambers articles, news, proceeds of crime, whistleblowers by sally

‘In a reserved Judgment following a two day hearing in March this year Mrs Justice Lang has discharged 3 Unexplained Wealth Orders (“UWO” or “UWOs”) and related Interim Freezing Orders (“IFO” or “IFOs”).’

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23 Essex Street, 8th April 2020

Source: www.23es.com

Causation in whistleblowing cases – St John’s Buildings

Posted April 17th, 2020 in causation, chambers articles, disclosure, employment, news, whistleblowers by sally

‘A worker has the right not to be subjected to a detriment on the ground that s/he has made a protected disclosure. However, the test of whether the protected disclosure was the reason in the employer’s mind for subjecting the worker to the detriment, and the placement of the burden of proving the same, can be confusing. Hopefully, this short note clarifies matters.’

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St John's Buildings, April 2020

Source: stjohnsbuildings.com

Wm Morrison Supermarkets Plc v Various Claimants & Barclays Bank Plc v Various Claimants – Old Square Chambers

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

‘The Supreme Court has handed down two new judgments addressing the legal limits of vicarious liability in employment and non-employment cases.’

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Old Square Chambers, April 2020

Source: www.oldsquare.co.uk

Gareth Evans: Devolution in Wales: From Assembly to Parliament – UK Constitutional Law Association

Posted April 17th, 2020 in constitutional law, devolution, news, Wales by sally

‘On 6 May 2020, the National Assembly for Wales (hereafter “the Assembly”) will officially be renamed, adopting the new title of Senedd Cymru / Welsh Parliament. The change comes as a result of section 9 of the Wales Act 2017, amending the Government of Wales Act 2006 (hereafter “GOWA”) to include the new section 111A which transfers to the Assembly the power to legislate on matters relating to its electoral and operational arrangements.’

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UK Constitutional Law Association, 15th April 2020

Source: ukconstitutionallaw.org

Full-time carer crowd funds investigation into legal challenge over failure to increase Carer’s Allowance during coronavirus pandemic – Local Government Lawyer

Posted April 17th, 2020 in benefits, carers, coronavirus, disabled persons, families, news by sally

‘A mother who cares full-time for her severely disabled daughter is crowdfunding an investigation into the potential for a legal challenge over the government’s decision not to increase the Carer’s Allowance in line with other benefits in response to the COVID-19 outbreak.’

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Local Government Lawyer, 14th April 2020

Source: www.localgovernmentlawyer.co.uk

Does a Tenant really have to go on paying rent during lockdown? Perhaps we should ask the Officious Bystander… – Falcon Chambers

Posted April 17th, 2020 in chambers articles, coronavirus, landlord & tenant, news, rent by sally

‘If tenants are precluded by law from making use of the premises demised them, do they still have to go on paying their rent in full?’

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Falcon Chambers, April 2020

Source: www.falcon-chambers.com

Aviation during Covid-19: Defending passenger claims – The 36 Group

Posted April 17th, 2020 in airlines, chambers articles, consumer protection, coronavirus, news by sally

‘The aviation sector is in unchartered territory. Passenger air travel across the globe has virtually come to a halt, with no immediate end in sight. The plethora of issues facing airlines include rights and obligations arising out of aircraft leasing, accepting state aid to stay afloat and the prospect of passenger claims arising out of the cancellation of flights. In this article, we consider the legal implications of cancelling flights pursuant to Regulation (EC) No. 261/2004 [“the Regulation”].’

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The 36 Group, 7th April 2020

Source: 36group.co.uk

The Use of Statistical Evidence in Clinical Negligence Cases – 39 Essex Chambers

Posted April 17th, 2020 in appeals, causation, chambers articles, damages, negligence, news, statistics by sally

‘Can a claimant in a clinical negligence claim who is unable to prove the precise mechanism by which a positive outcome would have been achieved still succeed on causation? Yes, held the Court of Appeal in Schembri v Marshall[1]. The judgment also provides a useful summary of authorities dealing with the use of statistics for causation purposes in clinical negligence cases.’

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39 Essex Chambers, 8th April 2020

Source: www.39essex.com

Coronavirus: residential possessions and lease forfeiture proceedings – Becket Chambers

Posted April 17th, 2020 in chambers articles, coronavirus, forfeiture, landlord & tenant, news, rent, repossession by sally

‘The Coronavirus Act 2020 has put a hold on any existing residential possession proceedings for a period of 90 days and extended the notice period required as a precursor for any new residential possession to three months (section 81 of the Act and Practice Direction 51Z) and removed the right of re-entry or forfeiture for business tenancies for non-payment of rent until (at present) the 30th June 2020 (section 82).’

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Becket Chambers, 3rd April 2020

Source: becket-chambers.co.uk

Litigation funding: a new reality post-Chapelgate – Six Pump Court

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

‘In this article, Gordon Wignall discusses the position of funding in England and Wales post-Chapelgate, where the automatic protection of the Arkin ‘cap’ was lifted. He also discusses grounds for the introduction of litigation funding in Ireland.’

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Six Pump Court, 17th April 2020

Source: www.6pumpcourt.co.uk

Deportation: when is it “unduly” harsh on a child? – Doughty Street Chambers

Posted April 17th, 2020 in chambers articles, children, deportation, families, immigration, news by sally

‘The law concerning harm to children in deportation cases has become bleak, but a recent decision of UT Judge Keith, posted on the UT’s website as an unreported case on 19 March 2020, does point to one way forward. In it, the Home Office made a potentially significant concession as to the test for avoiding deportation in s.117C(5) of the Nationality, Immigration and Asylum Act 2002, i.e. whether deportation would have an “unduly harsh” effect on the individual’s partner or child. That test relates to those who are defined as “foreign criminals” but who have been sentenced to less than four years’ imprisonment.’

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Doughty Street Chambers, 8th April 2020

Source: insights.doughtystreet.co.uk

Package Travel and Educational Institutions – 39 Essex Chambers

Posted April 17th, 2020 in accidents, chambers articles, compensation, education, holidays, interpretation, news, personal injuries, universities by sally

‘Is a field trip provided by a university to undergraduates as part of a degree course a package tour? The court considered the question in McCulloch v University of Leicester (HHJ Hedley, 27 February 2020).’

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39 Essex Chambers, 8th April 2020

Source: www.39essex.com

On The Move – Ropewalk Chambers

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

‘On the inauspicious April Fool’s Day, the Supreme Court brought a stop to the expanding course of the law of vicarious liability in two decisions which bear careful consideration and will have a significant impact on the scope for liability in the law of tort generally, beyond the particular contexts of sexual abuse and data protection litigation.’

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Ropewalk Chambers, 14th April 2020

Source: www.ropewalk.co.uk

Coronial causation in a mental health context: case comment by Simon Connolly – Park Square Barristers

Posted April 17th, 2020 in causation, chambers articles, coroners, inquests, judicial review, mental health, news by sally

‘The Claimant (mother of the Deceased) applied to judicially review the Coroner’s decision and record of inquest on five grounds.’

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Park Square Barristers, 9th April 2020

Source: www.parksquarebarristers.co.uk

Coronavirus, adjudication and injunctions – Practical Law Construction Blog

Posted April 17th, 2020 in building law, construction industry, coronavirus, injunctions, news by sally

‘Coronavirus, or COVID-19, is impacting all parts of our lives. Currently, the focus in the construction industry is rightly on the safety of workers still attending sites. No doubt, the future will see litigation on whether the coronavirus gives rise to extensions of time, force majeure, frustration or other legal rights or remedies.’

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Practical Law Construction Blog, 15th April 2020

Source: constructionblog.practicallaw.com

Local authorities and health bodies handed new permitted development right to deal with COVID-19 emergency – Local Government Lawyer

Posted April 17th, 2020 in coronavirus, emergency powers, enforcement, health, local government, news by sally

‘The Secretary of State for Housing, Communities and Local Government has introduced a new permitted development right for local authorities and certain health service bodies in England to carry out development with a view to tackling the coronavirus emergency.’

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Local Government Lawyer, 14th April 2020

Source: www.localgovernmentlawyer.co.uk