Benefits of ADR (and risks of refusing) – Park Square Barristers

Posted May 7th, 2020 in chambers articles, dispute resolution, news by sally

‘Most litigators will have seen the standard directions order requiring parties to consider alternative dispute resolution as a means of resolving their case. Most will also appreciate the potential cost consequences of unreasonably refusing to engage in ADR. Despite this, it is not uncommon for one party to refuse to engage in any form of ADR due to the perception that it has a strong case.’

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Park Square Barristers, 6th May 2020

Source: www.parksquarebarristers.co.uk

FINDINGS OF FACT………’Failure to protect’. – Becket Chambers

Posted May 7th, 2020 in care orders, chambers articles, child abuse, evidence, local government, news by sally

‘It is always good to return to basics and remind ourselves of the fundamental principle that ‘findings of fact’ must be based on evidence, and this can include inferences that can properly be drawn from the evidence’. A reminder that it is not on suspicion or simply speculation. (RE A (Fact Finding: Disputed Findings) [2011] EWCA Civ 12 [2011] 1 FLR 1817.’

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Becket Chambers, 5th May 2020

Source: becket-chambers.co.uk

The Coronavirus and Employers’ Liability for PPE – Ropewalk Chambers

Posted May 7th, 2020 in coronavirus, doctors, employment, health & safety, news, nurses, protective equipment by sally

‘The Coronavirus pandemic is likely to lead to litigation in various forms1; indeed, two doctors are reported to have already intimated a public law challenge to the lawfulness of the personal protective equipment (PPE) guidance published by the Department of Health and Social Care, and Public Health England.’

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Ropewalk Chambers, 4th May 2020

Source: www.ropewalk.co.uk

Enfranchisement Under the Leasehold Reform Act 1967: An overview and case law update – St Ives Chambers

Posted May 7th, 2020 in chambers articles, enfranchisement, leases, news by sally

‘This article is intended to provide a brief overview on the law of enfranchisement under the Leasehold Reform Act 1967 (‘LRA’), with an update on recent case law.’

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St Ives Chambers, 4th May 2020

Source: www.stiveschambers.co.uk

Unexplained Wealth Orders: The Weapon Against Dirty Money – Pump Court Chambers

Posted May 7th, 2020 in chambers articles, news, unexplained wealth orders by sally

‘Unexplained Wealth Orders (UWO’s) were introduced into law through section 1 of the Criminal Finances Act 2017 by inserting section 362A to I into Part 8 of the Proceeds of Crime Act 2002 (“POCA”) They require a person who is reasonably suspected of involvement in, or being connected with persons involved in serious crime, to explain the nature and extent of their interest in property and how that interest was obtained.[1] If the person cannot provide an adequate explanation or satisfactory evidence, the property becomes recoverable property, subject to the POCA 2002.’

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Pump Court Chambers, 28th April 2020

Source: www.pumpcourtchambers.com

Judge was wrong not to adjourn trial involving injured litigant – Litigation Futures

Posted May 7th, 2020 in accidents, adjournment, boundaries, news by sally

‘A judge was wrong to refuse adjourning a trial where one of the litigants injured his back just before the hearing and needed an emergency operation, the High Court has ruled.’

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Litigation Futures, 5th May 2020

Source: www.litigationfutures.com

When Remote Justice Works – Transparency Project

Posted May 7th, 2020 in coronavirus, disabled persons, live link evidence, news, remote hearings, telecommunications by sally

‘During the current public health emergency, remote justice – hearings conducted wholly via audio/visual conferencing platforms – is the default position for all court cases. After early enthusiasm at the fact that the courts were able to acquire the technical skills and software to actually deliver remote hearings at all, there has been increasing concern about their efficacy, fairness and transparency and – in particular – about the loss of human connection and personal engagement they can entail, as described in these accounts from a judge, a journalist, and a lawyer). There has been less feedback from lay participants involved in remote justice, either as parties, or as observing members of the public.’

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Transparency Project, 4th May 2020

Source: www.transparencyproject.org.uk

Health and Safety Claims Under The Employment Rights Act 1996 – Thomas More Chambers

Posted May 7th, 2020 in coronavirus, employment, health & safety, news by sally

‘At the present time, the issue of health and safety at work has never been more important. Employees on the frontline are, in many cases, being cajoled, threatened and bullied to attend work in circumstances where they have very legitimate concerns about the potential of being infected by Covid-19. Further, employees are often being forced to work in circumstances where their employers have failed to implement adequate health and safety measures. The continuing failure by the Government to provide adequate PPE to healthcare professionals is the most prominent example of such failures.’

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Thomas More Chambers, 4th May 2020

Source: www.thomasmore.co.uk

Weinstein director “must comply” with disclosure order – Litigation Futures

Posted May 7th, 2020 in disclosure, domicile, employment tribunals, foreign jurisdictions, harassment, news by sally

‘A former member of the board of the Weinstein Company does have to comply with a disclosure order in a sexual harassment case despite not living in the UK, the Employment Appeal Tribunal has ruled.’

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Litigation Futures, 7th May 2020

Source: www.litigationfutures.com

The COVID-19 Self-Employment Income Support Scheme – Thomas More Chambers

Posted May 7th, 2020 in benefits, coronavirus, news, remuneration, self-employment by sally

‘On 26 March 2020 the Chancellor of the Exchequer announced a package of support for Britain’s self-employed workers to help them through the COVID-19 crisis. It became immediately clear that higher earners making profits above £50,000 would lose out. The Chancellor, however, highlighted that it would benefit 95% of people who receive the majority of their income from self-employment and that it was “reasonable, proportionate and fair” to exclude those higher earners. The Treasury estimated that this approximately 3.8 million people would benefit.’

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Thomas More Chambers, 29th April 2020

Source: www.thomasmore.co.uk

Section 22 applications in light of the current crisis and the subsequent economic downturn – Drystone Chambers

Posted May 7th, 2020 in chambers articles, coronavirus, news, proceeds of crime by sally

‘The rise in applications under section 22 of the Proceeds of Crime Act have been clear over the last four years. It is now at a level where the Court of Appeal are hearing on average two matters a year and the case law has clearly established that the test of “just” under s.22 (4) is wide ranging.’

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Drystone Chambers, 28th April 2020

Source: drystone.com

Derivative actions involving LLPs: common law test for permission trumps section 263 of the Companies Act 2006 – Hardwicke Chambers

Posted May 7th, 2020 in civil procedure rules, company law, derivative claims, limited liability partnerships, news by sally

On 21 April 2020, Zacaroli J allowed an appeal brought against the decision of HHJ Saunders in Homes of England v Nick Sellman (Holdings) Limited. The case concerned Bromham Road Development LLP (BRD), a limited liability partnership which owned the freehold of a property situated at 51 Bromham Road, Bedford (the property). Homes of England (HoE) and Nick Sellman (Holdings) Limited (Holdings) are each 50% partners in BRD. HoE alleged that Holdings, in breach of duties of honesty and good faith owed to HoE, and in breach of a duty to act in the best interests of BRD, delayed in executing documentation required to refinance the property. HoE alleged that this delay increased the amount required to redeem BRD’s original loan from Wellesley Finance plc by £206,933.21.

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Hardwicke Chambers, 1st May 2020

Source: hardwicke.co.uk

Company Director Disqualification in the Criminal Courts – Henderson Chambers

Posted May 7th, 2020 in company directors, disqualification, environmental protection, health & safety, news, prosecutions by sally

‘Criminal courts have sweeping powers to disqualify directors arising from prosecutions for regulatory crime, with far-reaching consequences for companies and individuals. This Alerter provides an essential guide for practitioners to approaching director’s disqualification orders at a time when the HSE, Environment Agency and other regulators show a growing appetite to prosecute individuals.’

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Henderson Chambers, 29th April 2020

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No bull: farmers and footpaths during the COVID-19 lockdown – Landmark Chambers

Posted May 7th, 2020 in agriculture, coronavirus, footpaths, news by sally

‘The relationship between those using public footpaths and those whose land is crossed by public footpaths is often one of an uneasy truce. Farmers know all too well the damage nuisance and fear which can be and is caused by walkers straying from public footpaths, by uncontrolled dogs and by failures to comply with the Countryside Code. On the other side of the coin, incidents such as unlawful obstructions on or the long-term ploughing of public footpaths are not unknown.’

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Landmark Chambers, 4th May 2020

Source: www.landmarkchambers.co.uk

Niran de Silva on the Law Commission Report on Employment Law Hearing Structures – Littleton Chambers

Posted May 7th, 2020 in employment tribunals, Law Commission, news, reports by sally

‘On 29 April 2020, the Law Commission published its report on Employment Law Hearing Structures. The Report runs to just over 200 pages and concludes with 23 recommendations to improve the Employment Tribunal’s ability to resolve disputes.’

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Littleton Chambers, 30th April 2020

Source: littletonchambers.com

The desire to live: AM (Zimbabwe) v Secretary of State for the Home Department [2020] UKSC 17 – No. 5 Chambers

Posted May 7th, 2020 in appeals, deportation, government departments, HIV, human rights, immigration, interpretation, medical treatment, news, Supreme Court by sally

‘In AM (Zimbabwe) v Secretary of State for the Home Department [2020] UKSC 17, Lord Wilson calls the European Court on Rights out on its claim that in Paposhvili v Belgium [2017] Imm AR 867, it was doing no more than “clarifying” its judgment in N v United Kingdom (2008) 47 EHRR 39 as to the circumstances in which removal or deportation will breach Article 3 of the European Convention on Human Rights. Close readers of the judgment in Paposhvili will be well aware of the numerous points at which the court uses, it is hard to doubt, intentionally, the very same language as is used in N to come to different conclusions.’

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No. 5 Chambers, 29th April 2020

Source: www.no5.com

Clandestine Courtship: can you visit your lover in lockdown? – The 36 Group

Posted May 7th, 2020 in accomplices, coronavirus, incitement, news, regulations by sally

‘On Wednesday 6 May, the UK awoke to a scandal: a senior scientific adviser to the government, Professor Neil Ferguson, resigned from his position on the government advisory body SAGE after the Telegraph revealed that Ms Antonia Staats – his “married lover” – had visited him at home during lockdown. The Metropolitan Police soon announced that they would investigate the incident.’

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The 36 Group, 7th May 2020

Source: 36group.co.uk

Contracting Covid-19 at work – who needs to know? Chief Coroner’s Guidance 37 & RIDDOR – Park Square Barristers

Posted May 7th, 2020 in coronavirus, coroners, employment, health & safety, news, notification by sally

‘The vast majority of deaths from Covid-19 will not be referred to the Coroner and even fewer will result in an inquest into the death. However, when an employee dies from Covid-19 it may have to be reported to both the Health and Safety Executive (“HSE”) and the Coroner.’

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Park Square Barristers, 29th April 2020

Source: www.parksquarebarristers.co.uk

Successful remote hearings: Shannon Woodley discusses the case of T v Derby City Council, A, B and X [2020] EWCA Civ 507 – Park Square Barristers

Posted May 7th, 2020 in child abuse, evidence, live link evidence, news, remote hearings by sally

‘On 7th April 2020, in one of the first hearings of its kind to be held remotely, the Court of Appeal set aside findings that a father perpetrated sexual abuse against his 9 year old daughter, X.’

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Park Square Barristers, 29th April 2020

Source: www.parksquarebarristers.co.uk

The impact of Coronavirus, part 7: the possible next steps for the jury system – 6KBW College Hill

Posted May 7th, 2020 in coronavirus, criminal justice, juries, news by sally

‘In a series of Blog posts, members of 6KBW have identified a number of ways in which the COVID-19 pandemic has led to change in the administration of criminal justice, namely in relation to jury trials as presently conducted, the extension of audio/visual links and virtual hearings, through the offences created by the Coronavirus Act 2020 and in the context of extradition. As the country enters its second 3 week period of lockdown, this post seeks to look ahead to consider the possible next steps that the continued risk of infection by the virus may force on the administration of criminal justice in that most important but least socially detached component of the criminal justice system, the jury.’

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6KBW College Hill, 27th April 2020

Source: blog.6kbw.com