Package Travel and Educational Institutions – 39 Essex Chambers

‘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).’

Full Story

39 Essex Chambers, 8th April 2020

Source: www.39essex.com

On The Move – Ropewalk Chambers

‘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.’

Full Story

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

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

Full Story

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.’

Full Story

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.’

Full Story

Local Government Lawyer, 14th April 2020

Source: www.localgovernmentlawyer.co.uk

Force Majeure and reasonable endeavours clauses – 11 KBW

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

‘As the United Kingdom is in the midst of an extended period of lockdown pursuant to the Health Protection (Coronavirus Restrictions) (England) Regulations 2020 (“the Coronavirus Regulations”), contracting parties are turning to the often overlooked force majeure clauses in their agreements.’

Full Story

11 KBW, 9th April 2020

Source: www.11kbw.com

Unexplained Wealth Orders by Samreen Akhtar – Broadway House Chambers

Posted April 17th, 2020 in chambers articles, news, proceeds of crime, unexplained wealth orders by sally

‘On 08 April 2020, Nurali Aliyev and his mother, Dariga Nazarbayeva, won a High Court challenge against Unexplained Wealth Orders (“UWOs”) that were obtained by the National Crime Agency (“NCA”). The UWOs centred on three properties based in London and valued in excess of £80m. Dr Nazarbayeva is a politician in Kazakhstan and the daughter of the former Kazakh president Nursultan Nazarbayev. The NCA, who suspected that the properties had been purchased using money embezzled by Mr Aliyev’s deceased father, have indicated that they will be appealing the High Court decision.’

Full Story

Broadway House Chambers, 14th April 2020

Source: broadwayhouse.co.uk

Remote hearings: injunction to stop ‘car cruising’ continued in open court without attendance of the parties – Wolverhampton City Council & Ors v Persons Unknown – Hardwicke Chambers

‘This was a review hearing for a quia timet injunction against ‘car cruising’ in areas of the Claimant local authorities before His Honour Judge Worster sitting as a High Court Judge in the QBD, Birmingham District Registry. ‘Car cruising’, or ‘street cruising’ as it is sometimes defined, is a congregation of two or more motor vehicles driving dangerously or in an anti-social way so as to cause nuisance, damage or danger to the public; usually gatherings to race or perform stunts in cars, motorbikes or quad bikes, which have been a particular problem in particular parts of Birmingham.’

Full Story

Hardwicke Chambers, 3rd April 2020

Source: hardwicke.co.uk

Oral hearings – who needs them? – Doughty Street Chambers

Posted April 17th, 2020 in chambers articles, immigration, news, oral hearings, tribunals by sally

‘The Upper Tribunal’s ‘Presidential Guidance Note No 1 2020: Arrangements During The COVID-19 Pandemic’ envisages moving, in immigration and asylum cases, to a system where the UT may decide certain matters on the papers and without a hearing. At the moment these are limited to (i) whether the First-tier Tribunal made an error of law and (ii) if it did, whether its decision should be set aside.’

Full Story

Doughty Street Chambers, 9th April 2020

Source: insights.doughtystreet.co.uk

COVID-19 and remote trials – 4 New Square

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

‘The first judgment has now been reported on the effect of COVID-19 on a forthcoming trial. In Re One Blackfriars Ltd, Hyde v. Nygate [2020] EWHC 845(Ch), John Kimbell QC, sitting as a Deputy High Court judge, refused to adjourn a trial due to start in June but ruled that it should proceed remotely by video-link.’

Full Story

4 New Square, 14th April 2020

Source: www.4newsquare.com

Lucy’s Law – Pump Court Chambers

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

‘On Monday 6 April 2020, the Government brought into force new legislation in England to ban the commercial third-party sale of puppies and kittens, under six months old, by anyone other than a registered breeder.’

Full Story

Pump Court Chambers, 7th April 2020

Source: www.pumpcourtchambers.com

Furloughing: Options for Employers – Coronavirus: Guidance for Lawyers and Businesses

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

‘At the weekend the government updated the terms of its job retention scheme, and provided clarity about what furloughed employees may do for the business. Helen Gardiner looks at the options.’

Full Story

Coronavirus: Guidance for Lawyers and Businesses, 15th April 2020

Source: lawinthetimeofcorona.wordpress.com

COVID-19 Holiday Leave Entitlement Statutory Changes – Thomas More Chambers

Posted April 17th, 2020 in chambers articles, coronavirus, employment, holiday pay, news by sally

‘The Working Time Regulations (“WTR”) are being amended to allow workers with outstanding holiday leave entitlement in the current holiday year to be able to carry that over for two years.’

Full Story

Thomas More Chambers, 16th April 2020

Source: www.thomasmore.co.uk

“This lopsided Treaty…” Is the US/UK Extradition Treaty imbalanced? – 6KBW College Hill

Posted April 17th, 2020 in chambers articles, extradition, interpretation, news, treaties by sally

‘Recent high-profile extradition cases have breathed new life into the old question of whether extradition relations between the US and the UK are imbalanced. On 12 February 2020, the Leader of the Opposition stated in Parliament “this lopsided treaty means the US can request extradition in circumstances that Britain cannot”. The Prime Minister replied: “to be frank, I think the right honourable Gentleman has a point in his characterisation of our extradition arrangements with the United States”. It is a question that has arisen time and again since the UK ratified the US/UK Extradition Treaty 2003 (‘the 2003 Treaty’). So, where does the truth of the matter lie?’

Full Story

6KBW College Hill, 9th April 2020

Source: blog.6kbw.com

E-Bundling Guide – 4 New Square

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

‘Drawing on extensive experience of working with different types of e-Bundle, David Turner QC has created a guide setting ou​t the advantages and disadvantages of different types of standalone e-Bundle, a step-by-step approach to their compilation and how to get the most out of them.’

Full Story

4 New Square, 14th April 2020

Source: www.4newsquare.com

Changes to Capital Gains Tax from Monday 6 April – Radcliffe Chambers

Posted April 17th, 2020 in capital gains tax, chambers articles, news, taxation by sally

‘Changes to reporting and tax payment requirements on the disposal of UK residential property affecting both UK and non UK tax residents. A brief summary of the main features appears below.’

Full Story

Radcliffe Chambers, 2nd April 2020

Source: radcliffechambers.com

Covid-19 and claimed rights of way: lessons from R (on the application of Roxlena Ltd) v Cumbria County Council & Peter Lamb [2019] EWCA Civ 1639 – Landmark Chambers

Posted April 17th, 2020 in appeals, chambers articles, coronavirus, news, rights of way by sally

‘A claim of a public right of way under section 31(1) of the Highways Act 1980 requires use by the public as of right and without interruption for 20 years. Similarly, a claimed private right of way by prescription under the Prescription Act 1832 requires 20 years’ uninterrupted use. To make good a prescriptive claim, whether under the 1832 Act, by the doctrine of lost modern grant or at common law, the use must be of such a character, degree and frequency as to indicate an assertion of a continuous right. The issue we discuss is whether an interruption to use as a result of Covid-19 would count for either of these two purposes.’

Full Story

Landmark Chambers, 3rd April 2020

Source: www.landmarkchambers.co.uk

High Court judges order indemnity costs over ADR failures – Litigation Futures

‘The courts are getting harder on parties who fail to follow directions to try alternative dispute resolution (ADR), with judges imposing indemnity costs in two cases in recent weeks.’

Full Story

Litigation Futures, 16th April 2020

Source: www.litigationfutures.com

The Lockdown and Holiday Lets – Tanfield Chambers

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

‘There will have been many cottages lying empty over the Easter period. Many of them will have been booked and the person who booked will have paid a deposit. What is the position? Are they liable to pay the balance? Can they recover the deposit? A cursory search of such guidance as there is online suggests that the doctrine of frustration may have been overlooked.’

Full Story

Tanfield Chambers, 14th April 2020

Source: www.tanfieldchambers.co.uk

Lifting The Lockdown: Is A Phone App The Answer? – Each Other

‘With the UK’s coronavirus lockdown extended for three more weeks, some people are looking towards a planned NHS phone app as “holding the key” to easing restrictions. But how realistic is this expectation and could there be unexpected consequences? EachOther examines.’

Full Story

Each Other, 16th April 2020

Source: eachother.org.uk