A guide to the future ahead for TUPE and insolvency – Littleton Chambers

Posted April 16th, 2020 in administrators, chambers articles, coronavirus, employment, insolvency, news, transfer of undertakings by sally

‘On Easter Monday, 13 April 2020, the High Court (Snowden J presiding) handed down its judgment in the matter of Carluccio’s Limited (in administration) [2020] EWHC 886 (Ch). To add to the Easter joy, the furlough guidance was amended on 9 April 2020 and the judgment had to embrace the amended guidance. One of the clarifying amendments on 9 April was the confirmation that employees who transfer under TUPE after 28 February 2020 may be placed, or continue, on furlough. This has practical implications in the light of this judgment.’

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Littleton Chambers, 14th April 2020

Source: www.littletonchambers.com

Council wins appeal in case where relevant policies of development plan pointed “in different directions” – Local Government Lawyer

Posted April 16th, 2020 in appeals, interpretation, local government, news, planning by sally

‘Cornwall Council has won an appeal over whether its grant of planning permission for new holiday lodges was lawful in a case where relevant policies of the development plan pointed “in different directions”.’

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Local Government Lawyer, 15th April 2020

Source: www.localgovernmentlawyer.co.uk

Tom Hickman: Eight ways to reinforce and revise the lockdown law – UK Constitutional Law Association

Posted April 16th, 2020 in constitutional law, coronavirus, emergency powers, enforcement, freedom of movement, government departments, human rights, limitations, news, parliament, proportionality, time limits by sally

‘The Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 and the counterpart regulations in Wales, Northern Ireland and Scotland, impose the most drastic restrictions on liberty ever seen in the United Kingdom. On 16 April 2020 they reach their first review point and it is a clear that they will be continued, probably initially for a further period of three weeks and thereafter quite likely for a much longer period either in their current form or in modified form.’

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UK Constitutional Law Association, 16th April 2020

Source: ukconstitutionallaw.org

Covid-19: Offering blood, toil, tears and sweat: Emergency Volunteers and the Law – Cloisters

Posted April 16th, 2020 in chambers articles, coronavirus, emergency powers, employment, hospitals, news, social services, volunteers by sally

‘Over 750,000 volunteers have signed up to the government’s scheme to assist the NHS and social services during the coronavirus outbreak. For those coming from another job, what employment protection do these volunteers have? The Minister introduced this aspect of the emergency legislation, the Coronavirus Act 2020, by saying “The Bill protects the income and the employment status of those who volunteer in the health and social care system. Volunteers will play a critical role in relieving the pressure on frontline clinicians and social care staff”. Sections 8, Schedule 7 and section 9 provide for ‘emergency volunteer leave’ (EVL). In this blog, the seventh in a Covid-19 series, Declan O’Dempsey and Tom Gillie answer the following pressing questions: What is EVL? Who may take it, and what should employers do if staff request to do so? The provisions of the Act are not in force at the time of writing. The situation is however a very fast moving one.’

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Cloisters, 3rd April 2020

Source: www.cloisters.com

Covid-19: Furlough and job retention: Key issues for Employment Lawyers – Cloisters

Posted April 16th, 2020 in chambers articles, coronavirus, employment, news by sally

‘Employers are making difficult choices at this time in situations which have never affected their workplaces before. As fresh guidance is issued and new headlines emerge, the next legal queries evolve. This blog by Daniel Dyal examines the interplay between the workplace and the coronavirus. It has been updated in light of the further guidance issued on 9 April 2020.’

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Cloisters, 11th April 2020

Source: www.cloisters.com

Tougher penalties proposed for attacks on UK emergency workers- The Guardian

Posted April 16th, 2020 in assault, consultations, coronavirus, emergency services, murder, news, sentencing by sally

‘Judges will be able to impose tougher punishments on anyone convicted of assaulting emergency workers or threatening to transmit diseases under sentencing guidelines proposals published on Thursday.’

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The Guardian, 16th April 2020

Source: www.theguardian.com

Overriding interest trumped by overreaching – Radcliffe Chambers

Posted April 16th, 2020 in chambers articles, easements, mortgages, news, sale of land by sally

‘It was in City of London Building Society v Flegg that the House of Lords notably considered the position of overriding interests and those interests said to overreach them in the context of a mortgage of a property occupied by a third party. The courts had reason to revisit this area of the law much more recently in Baker v Craggs when the owner of the dominant tenement of an easement claimed that his interest overreached the overriding interest of the owner of the servient tenement. Now, in an ex tempore judgment given on the 19th March 2020, Jeremy Hyam QC, sitting as a Recorder in the County Court at Bristol, has adjudicated upon a similar issue in the case of Knight v Fernley in which the unregistered purchaser of a property who had gone into actual occupation of it claimed that her interest overrode that of a later transferee of the very same land.’

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Radcliffe Chambers, 31st March 2020

Source: radcliffechambers.com

Firm that missed email and released funds given all-clear by High Court – Tanfield Chambers

Posted April 16th, 2020 in appeals, breach of trust, electronic mail, law firms, news, solicitors by sally

‘Proceedings against a law firm which overlooked instructions sent to its ‘contact us’ email address and subsequently released £377,000 from its client account have been dismissed by the High Court.’

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Tanfield Chambers, 15th April 2020

Source: www.tanfieldchambers.co.uk

Vicarious liability – ‘on the move’ no longer – Parklane Plowden

Posted April 16th, 2020 in appeals, chambers articles, data protection, doctors, news, professional conduct, sexual offences, Supreme Court, vicarious liability by sally

‘For the last 20 years the boundaries of vicarious liability have expanded. In this article Roger Quickfall discusses how the Supreme Court has brought much needed clarity.’

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Parklane Plowden, 7th April 2020

Source: www.parklaneplowden.co.uk

Remote Hearings: A Practical Guide to Case Management – 3PB

Posted April 16th, 2020 in case management, chambers articles, coronavirus, courts, live link evidence, news, remote hearings by sally

‘It is a brave new world. The lockdown brought about by the coronavirus crisis is forcing the hand of our infamously old-fashioned profession to adapt quickly or lose myriad court dates; leaving our clients without satisfactory and timely resolutions to their disputes.’

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3PB, 14th April 2020

Source: www.3pb.co.uk

Fiona Dwyer, CEO of Solace and Hilary Lennox, Barrister of 5 St. Andrews Hill Chambers discuss Domestic Violence during the current COVID 19 Pandemic – 5SAH

Posted April 16th, 2020 in chambers articles, coronavirus, domestic violence, news by sally

‘We are in unprecedented times with COVID-19 and its impact on provision of specialist domestic abuse services. Organisations’ like Solace have had to completely change how they operate, moving services online or provided via telephone as well as ensuring that refuge and other supported accommodation services can stay open to support the most vulnerable victim/survivors and their children. Under normal circumstances, spending time indoors is often unsafe for those experiencing domestic abuse, and other forms of VAWG (Violence Against Women and Girls). However, during lockdown the danger to women is exacerbated as they are unable to leave their homes. Survivors are likely to be subject to higher rates of violence and abuse and, as they are increasingly isolated by perpetrators, will find it increasingly difficult to obtain support from family, friends and access local services.’

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5 SAH, 7th April 2020

Source: www.5sah.co.uk

McMafia Order Misses the Mark – The Limitations of Unexplained Wealth Orders – 5SAH

Posted April 16th, 2020 in chambers articles, disclosure, news, proceeds of crime, unexplained wealth orders by sally

‘Unexplained Wealth Orders (“UWOs”) have frequently been in the headlines since they came into force on 31 January 2018. They have been described in the media as, “McMafia Orders” and advertised as a new weapon in the war on illicit assets, creating an impression that they would single-handedly tackle the reputation of the United Kingdom as a haven for dirty money. The reality, as most lawyers recognise, is that UWOs are simply a type of disclosure order which have, as Lang J was keen to stress in her judgment in the case of NCA v Baker [2020] EWCA 822 (Admin) at para. 61 a, “relatively limited purpose”. They can “fill in the gap” when investigators cannot rely on full co-operation from other jurisdictions (e.g. the former Soviet states and the Caribbean tax havens).’

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5SAH, 10th April 2020

Source: www.5sah.co.uk

COVID-19 impact on the UK Economy & ADR – 33 Bedford Row

Posted April 16th, 2020 in chambers articles, coronavirus, dispute resolution, news by sally

‘In these unprecedented times, we are already seeing companies collapsing, Flybe ceased operating at the start of March stating that COVID-19 was the final nail in the coffin. Widespread media coverage in early April states that Debenham faces administration and clothing giant Arcadia is preparing to close a huge number of stores as the effect of the lockdown tears through the high street. The global pandemic could lead to a great depression and the adverse economic effects seem almost certain to outweigh the impact of the 2008/2009 world-wide recession. We will look at how COVID-19 may impact the UK economy in the coming months and how ADR may be used in order to address business disputes in an expeditious and cost-effective manner.’

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33 Bedford Row, 6th April 2020

Source: www.33bedfordrow.co.uk

WM Morrison Supermarkets plc v Various Claimants – Supreme Court clarifies the test for vicarious liability – 12 King’s Bench Walk

Posted April 16th, 2020 in appeals, chambers articles, data protection, employment, news, Supreme Court, vicarious liability by sally

‘In a much-anticipated decision, the Supreme Court addresses the scope of an employer’s vicarious liability for acts by its employees, in particular the “misunderstandings” that have arisen since its previous landmark decision in Mohamud v WM Morrison Supermarkets plc [2016] UKSC 11.’

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12 King's Bench Walk, 2nd April 2020

Source: www.12kbw.co.uk

Courting peril: the lessons in Ohpen Operations UK Ltd v Invesco Fund Managers Ltd – Falcon Chambers

Posted April 16th, 2020 in chambers articles, contracts, dispute resolution, news by sally

‘The recent judgment of Mrs Justice O’Farrell in Ohpen Operations UK Ltd v Invesco Fund Managers Ltd [2019] EWHC 2246 (TCC) provided a boost for anyone entering a contract who would prefer to utilise a pre-agreed dispute resolution process in the event of a future contractual disagreement. Specifically, the case provides valuable guidance on the court’s approach if asked to enforce a contractual dispute resolution clause providing for alternative dispute resolution (ADR).’

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Falcon Chambers, April 2020

Source: www.falcon-chambers.com

COVID-19: a protocol to assist solicitors who are working remotely and advising suspects in relation to police interviews – Garden Court Chambers

Posted April 16th, 2020 in chambers articles, coronavirus, legal services, news, police, solicitors by sally

‘This document is intended to draw your attention to the serious risk to life that solicitors and suspects, in police stations, are facing during the COVID-19 crisis and to suggest ways to reduce them. It is not intended to be a definitive statement of what needs to be done. You may have other ideas which are equally or more valid. What is certain is that action needs to be taken if lives are to be saved. The protocol below is intended to assist solicitors to give appropriate legal advice to suspects, at the interview stage, when working remotely.’

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Garden Court Chambers, 1st April 2020

Source: www.gardencourtchambers.co.uk

Carluccio’s Limited (in administration): Administration and furlough arrangements with employees – Exchange Chambers

Posted April 16th, 2020 in administrators, chambers articles, coronavirus, employment, insolvency, live link evidence, news, remote hearings, remuneration by sally

‘Snowden J gives urgently sought directions to administrators in respect of furlough arrangements with employees following a remote video hearing in the matter of Carluccio’s Limited (in administration) [2020] EWHC 886 (Ch).’

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Exchange Chambers, 15th April 2020

Source: www.exchangechambers.co.uk

Regulator investigates Viagogo’s £3.2bn acquisition of StubHub – The Guardian

Posted April 16th, 2020 in competition, internet, news, ombudsmen by sally

‘The Competition and Markets Authority (CMA) has launched an investigation into Viagogo’s $4bn (£3.2bn) purchase of ticket resale website StubHub, heaping fresh misery on a deal already thrown into turmoil by the Covid-19 crisis.’

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The Guardian, 15th April 2020

Source: www.theguardian.com

The Coronavirus Job Retention Scheme: More Holiday Cancellations? – Littleton Chambers

Posted April 16th, 2020 in coronavirus, employment, holidays, news by sally

‘With the JRS there are precious few known knowns, plenty of known unknowns and one suspects a few unknown unknowns; that is to say, things we only realise we didn’t know when the detailed rules of the scheme are published.’

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Littleton Chambers, 2nd April 2020

Source: www.littletonchambers.com

What I talk about when I talk about arbitrator diversity… Why and how to make arbitral tribunals us, rather than them – Radcliffe Chambers

Posted April 16th, 2020 in arbitration, chambers articles, diversity, news by sally

‘While the range of parties before tribunals has globalised, the typical composition of those tribunals has not. The international arbitrator community has long been said to comprise a club of “elderly white men”. If that was ever quite true, it is certainly less true now, but the international arbitrator community still lags well behind its users when it comes to diversity. Does this matter?’

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Radcliffe Chambers, 15th April 2020

Source: radcliffechambers.com