Extensions of time and adjournment of face-to-face hearings for Covid-19 reasons – Parklane Plowden Chambers

Posted May 6th, 2020 in adjournment, chambers articles, coronavirus, courts, delay, news, time limits by sally

‘In the challenging and constraining times imposed by the Covid-19 pandemic, it can be difficult to comply with case management directions. Although the parties may agree extensions of time of up to 56 days if they do not imperil a hearing date, applications continue to be necessary where the extension may impact on a court hearing.’

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Parklane Plowden Chambers, 28th April 2020

Source: www.parklaneplowden.co.uk

Barton & Booth: Clarifying the Dishonesty Test post Ivey by Paul Dormand – Broadway House Chambers

Posted May 6th, 2020 in appeals, chambers articles, deceit, fraud, interpretation, news, theft by sally

‘The decision in Barton & Booth [2020] EWCA Crim 575 brings an end to the uncertainty surrounding the test for dishonesty, and the application of the test proposed by the Supreme Court in Ivey v Genting Casinos (UK) (trading as Cockfords Club) [2017] UKSC 67. This article will look at the departure from Ghosh, the application of the Ivey test notwithstanding its obiter status.’

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Broadway House Chambers, 1st May 2020

Source: broadwayhouse.co.uk

C19 Possession Proceedings: Current Guidance – Thomas More Chambers

Posted May 6th, 2020 in chambers articles, coronavirus, emergency powers, housing, landlord & tenant, news, repossession by sally

‘On 18 March 2020, it was announced by the government that there would be a ban on evictions for a three-month period (with effect from 27 March 2020), this has presented numerous questions to both landlords, occupiers and owners alike. Set out below is the current position in relation to action arising out of residential property occupation (commercial leases and agreements are subject to different legislative regimes).The information within this article is correct as at 26 April 2020, you are strongly advised to obtain independent legal advice if you are unsure as to your rights and obligations.’

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Thomas More Chambers, 28th April 2020

Source: www.thomasmore.co.uk

Sean Molloy: Elgizouli v Secretary of State for the Home Department: The Missing Rationality Challenge – UK Constitutional Law Association

Posted May 6th, 2020 in constitutional law, data protection, death penalty, disclosure, execution, foreign jurisdictions, government departments, judicial review, news, Supreme Court by sally

‘The long anticipated judgment in Elgizouli v Secretary of State for the Home Department was handed down by the Supreme Court on the 25th March. The Court held that it was not the common law but rather a failure by the Home Secretary to consider his duties under the Data Protection Act 2018 (DPA) that rendered the decision of the then Home Secretary- Sajid Javid- to hand over evidence to US authorities unlawful. While others have commented on the DPA aspect of this case (see here, here, and here), this post touches on the common law strand. However, rather than interrogating the Court’s decision, here I discuss the under-examined issue of rationality, arguing that the factual matrix of the case warranted a greater examination of the Home Secretary’s decision.’

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UK Constitutional Law Association, 6th May 2020

Source: ukconstitutionallaw.org

Informed Consent: Where Are We Now – Ropewalk Chambers

Posted May 6th, 2020 in appeals, chambers articles, consent, doctors, medical treatment, negligence, news, personal injuries, Supreme Court by sally

‘In Montgomery -v- Lanarkshire Health Board [2015] 1 AC 1430; [2015] UKSC 15, the Supreme Court held:

“The doctor is therefore under a duty to take reasonable care to ensure that the patient is aware of any material risks involved in any recommended treatment, and of any reasonable alternative or variant treatments. The test of materiality is whether, in the circumstances of the particular case, a reasonable person in the patient’s position would likely to attach significance to the risk, or the doctor is or should reasonably be aware that the particular patient would be likely to attach significance to it.”‘

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Ropewalk Chambers, 30th April 2020

Source: www.ropewalk.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted May 6th, 2020 in legislation by sally

The Environmental Protection (Disposal of Polychlorinated Biphenyls and other Dangerous Substances) (England and Wales) (Amendment) Regulations 2020

The Ecodesign for Energy-Related Products (Amendment) Regulations 2020

The Consumer Protection (Enforcement) (Amendment etc.) Regulations 2020

Source: www.legislation.gov.uk

Dying surrounded by family ‘a fundamental right’ says UK judge – The Guardian

Posted May 6th, 2020 in bereavement, care homes, coronavirus, Court of Protection, families, hospitals, human rights, news by sally

‘Being allowed to die surrounded by your nearest relatives is a fundamental part “of any right to private or family life”, a senior judge has ruled.’

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The Guardian, 5th May 2020

Source: www.theguardian.com

BAILII: Recent Decisions

Posted May 6th, 2020 in law reports by sally

High Court (Administrative Court)

The Open Spaces Society v Secretary of State for Environment, Food And Rural Affairs [2020] EWHC 1085 (Admin) (05 May 2020)

High Court (Chancery Division)

Sangha v Amicus Finance Plc [2020] EWHC 1074 (Ch) (05 May 2020)

Ball v Ball & Anor [2020] EWHC 1020 (Ch) (05 May 2020)

Williams & Ors v Russell Price Farm Services Ltd [2020] EWHC 1088 (Ch) (05 May 2020)

Ove Arup & Partners International Ltd vTrustees of the Arup UK Pension Scheme [2020] EWHC 1064 (Ch) (05 May 2020)

Chalcot Training Ltd v Ralph & Anor [2020] EWHC 1054 (Ch) (05 May 2020)

High Court (Commercial Court)

Times Trading Corporation v National Bank of Fujairah (Dubai Branch) [2020] EWHC 1078 (Comm) (05 May 2020)

Quantum Advisory Ltd v Quantum Actuarial LLP [2020] EWHC 1072 (Comm) (05 May 2020)

High Court (Family Division)

Dorset Council v E (Unregulated placement : Lack of secure placements) [2020] EWHC 1098 (Fam) (05 May 2020)

A Local Authority v Mother & Ors [2020] EWHC 1086 (Fam) (05 May 2020)

Source: www.bailii.org

“Justice Delayed is Justice Denied” The Covid-19 Effect – St Ives Chambers

Posted May 6th, 2020 in chambers articles, civil justice, coronavirus, courts, delay, live link evidence, news, remote hearings by sally

‘Conducting litigation in lockdown is presenting a number of challenges for civil litigators. The shift, practically overnight, to remote working is requiring lawyers to rapidly adapt their ways of working. The word from the top is that the wheels of justice must continue to turn. The default position now is that hearings should take place remotely wherever possible.’

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St Ives Chambers, 27th April 2020

Source: www.stiveschambers.co.uk

Prisoner wins first round in challenge to terrorism law – The Guardian

Posted May 6th, 2020 in early release, human rights, imprisonment, Islam, news, prisons, proportionality, religious discrimination, religiously aggravated offences, terrorism by sally

‘A prisoner convicted of stirring up religious hatred has won the first round in his legal challenge to emergency legislation preventing early automatic release of terrorism offenders.’

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The Guardian, 5th May 2020

Source: www.theguardian.com

Protecting domestic violence victims in lockdown – The Guardian

Posted May 6th, 2020 in charities, coronavirus, domestic violence, families, news, podcasts, prosecutions, statistics by sally

‘Kate, a call handler for a domestic violence charity, discusses the challenges of trying to deal with the rising number of calls during lockdown. Guardian reporter Helen Pidd has been reporting on the domestic violence cases being heard at Manchester magistrates court over the past few weeks.’

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The Guardian, 6th May 2020

Source: www.theguardian.com

CJC launches ‘rapid review’ of remote hearings – Litigation Futures

Posted May 6th, 2020 in civil justice, consultations, coronavirus, courts, live link evidence, news, remote hearings by sally

‘The Civil Justice Council (CJC) has launched a “rapid consultation” on how the spread of Covid-19 has changed the civil justice system, particularly with the swift expansion of remote hearings.’

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Litigation Futures, 4th May 2020

Source: www.litigationfutures.com

Lord Sugar tweet broke UK advertising rules, says watchdog – The Guardian

Posted May 6th, 2020 in advertising, complaints, internet, news, ombudsmen by sally

‘A tweet by Lord Sugar promoting a company set up by a winner of The Apprentice has broken the UK advertising rules.’

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The Guardian, 6th May 2020

Source: www.theguardian.com

Coronavirus: locking the over 70’s away? – Cloisters

Posted May 5th, 2020 in age discrimination, coronavirus, elderly, equality, human rights, news by sally

‘As part of our series considering the human rights and equality implications of Covid-19, Declan O’Dempsey considers proposals being floated that would single out the over 70s for shielding and social distancing, once lockdown measures for other age groups are eased.’

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Cloisters, 1st May 2020

Source: www.cloisters.com

The Law Commission Recommends Wide Ranging Changes to Employment Tribunals’ Powers – Parklane Plowden Chambers

Posted May 5th, 2020 in employment tribunals, jurisdiction, Law Commission, news by sally

‘On 29 April 2020 the Law Commission published its recommendations for changes to the jurisdiction and powers of employment tribunals. It would be fair to say that the statutory nature of the tribunal’s powers has given rise to anomalies: jurisdiction is constrained in certain contexts, and there are a number of discrepancies between the extent of the jurisdiction of civil courts on the one hand and employment tribunals on the other.’

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Parklane Plowden Chambers, 1st May 2020

Source: www.parklaneplowden.co.uk

Service Charges and Management during the Covid-19 Pandemic: Legal Issues – Tanfield Chambers

Posted May 5th, 2020 in coronavirus, landlord & tenant, leases, news, service charges by sally

‘Leaseholders and landlords of residential leasehold properties face difficulties without any direct precedent in modern times. In particular, the sudden collapse in leaseholder incomes has had a dramatic effect on service charge receipts. The challenges pose numerous legal questions.’

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Tanfield Chambers, 1st May 2020

Source: www.tanfieldchambers.co.uk

Suitability in the time of Coronavirus – Doughty Street Chambers

Posted May 5th, 2020 in coronavirus, homelessness, housing, local government, news by sally

‘The conditions in which many statutorily homeless people live are frequently sub-optimal. Everyone has an anecdotal story of a family of five provided with temporary accommodation in a studio flat above a nightclub which is accessed via a dark alleyway, which the local authority insist is suitable. A frequent source of controversy is the use of hostels to discharge duties, where potentially highly vulnerable people are required to live with and share facilities with those who they do not know.’

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Doughty Street Chambers, 1st May 2020

Source: insights.doughtystreet.co.uk

Much a door about nothing? When is a door a landlord’s fixture? – Falcon Chambers

Posted May 5th, 2020 in covenants, landlord & tenant, leases, news by sally

‘Mr Fivaz had (and still has) long leases of two flats in a block owned by by Marlborough. In around 2014 he unilaterally replaced the front door of each flat. About 5 years later the landlord complained that his actions constituted a breach of the leases. It brought proceedings in the FTT for a determination of breach pursuant to s.168(4) of the Commonhold and Leasehold Reform Act 2002.’

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Falcon Chambers, April 2020

Source: www.falcon-chambers.com

A decision “in these extraordinary times”: Re A (Children) (Remote Hearing: Care and Placement Orders) [2020] EWCA Civ 583 – Parklane Plowden Chambers

Posted May 5th, 2020 in appeals, care orders, family courts, live link evidence, news, placement orders, remote hearings by sally

‘This case has been keenly awaited by family law practitioners, being the first appeal in a public law children case to reach the Court of Appeal on the issue of remote hearings during the COVID 19 pandemic. The appeal was heard on 22 April 2020. On the following day the same bench heard the second such appeal, Re B (Children) (Remote Hearing: Interim Care Order) [2020] EWCA (Civ) 584. There will undoubtedly be further appeals in children cases heard in the High Court or the Court of Appeal on the issue of remote hearings in the coming weeks.’

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Parklane Plowden Chambers, 30th April 2020

Source: www.parklaneplowden.co.uk

The Response to Covid-19: Likely Corporate Insolvency Reforms and their Merit – 3 Hare Court

Posted May 5th, 2020 in company law, coronavirus, foreign jurisdictions, insolvency, news by sally

‘Countries around the globe have been grappling with the fallout from the Covid-19 pandemic. Amongst many issues the crisis has thrown up is the issue of how to deal with companies which suffer from solvency issues as a result of the pandemic, or government measures taken in response to the pandemic. The response of different jurisdictions has varied, as has the speed of the response. This article looks at the UK’s likely response and how it compares to other jurisdictions.’

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3 Hare Court, 23rd April 2020

Source: www.3harecourt.com