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

In light of Re P (A Child: Remote Hearing) [2020] EWFC 32, what will the Court’s approach be post-lockdown? – Spire Barristers

Posted May 5th, 2020 in barristers, coronavirus, family courts, news, remote hearings by sally

‘Lockdown measures were implemented on 23rd March 2020 and, as many of you will be aware, the following day, The Bar Council issued the following guidance to barristers on attending Family (and Civil) Court hearings:

“You should not attend in person unless the hearing is genuinely urgent and it cannot be done remotely. Such a hearing will be a rare occurrence”.’

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Spire Barristers, 29th April 2020

Source: spirebarristers.co.uk

Anger as watchdog clears Alzheimer’s Society of wrongdoing – The Guardian

Posted May 5th, 2020 in charities, Charity Commission, confidentiality, news, non-disclosure agreements, whistleblowers by sally

‘The charity watchdog is embroiled in a row with ex-employees of the Alzheimer’s Society after clearing it of wrongdoing, following claims in a Guardian investigation over payouts to workers who signed non-disclosure agreements (NDAs).’

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The Guardian, 4th May 2020

Source: www.theguardian.com

Court of Protection has power to grant injunctive relief, judge rules – Local Government Lawyer

Posted May 5th, 2020 in Court of Protection, injunctions, news by sally

‘The Court of Protection has the power to grant injunctive relief in support of and to ensure compliance with its best interests decisions and its orders, a judge has concluded.’

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Local Government Lawyer, 4th May 2020

Source: www.localgovernmentlawyer.co.uk

MoJ pumps £5.4m into not-for-profit advice sector – Legal Futures

Posted May 5th, 2020 in budgets, charities, coronavirus, law centres, news by sally

‘The government has announced a £5.4m cash injection for law centres and other legal advice charities to help people with housing, debt, discrimination and employment problems during the Covid-19 crisis.’

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Legal Futures, 5th May 2020

Source: www.legalfutures.co.uk

R (Simon Halabi) v The Crown Court at Southwark and others – Blackstone Chambers

Posted May 5th, 2020 in foreign jurisdictions, human rights, judicial review, news, notification, sexual offences by sally

‘The Divisional Court has handed down judgment in an important case concerning whether the regime for the imposition of notification requirements on sexual offenders is compatible with rights under Article 8 ECHR.’

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Blackstone Chambers, 1st May 2020

Source: www.blackstonechambers.com

Barrister who “took advantage of BSB’s generosity” is suspended – Legal Futures

Posted May 5th, 2020 in barristers, continuing professional development, disciplinary procedures, fines, news by sally

‘A veteran barrister who “took advantage” of the Bar Standards Board (BSB) by refusing to pay a fine for almost four years has been suspended for two months.’

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Legal Futures, 5th May 2020

Source: www.legalfutures.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted May 5th, 2020 in law reports by sally

The Teachers’ Skills Test (England) (Miscellaneous Amendments) Regulations 2020

Source: www.legislation.gov.uk

Anti-Social Behaviour During Lockdown – Thomas More Chambers

Posted May 5th, 2020 in anti-social behaviour, complaints, coronavirus, landlord & tenant, news by sally

‘Since the Government imposed numerous restrictions on day to day life in order to tackle the COVID-19 pandemic, it is anticipated that anti-social behaviour (ASB) complaints may be more frequent then they might have been prior to the lockdown implementation. This article explores, in brief, the options available to private landlords during the time of the COVID-19 restrictions.’

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Thomas More Chambers, 26th April 2020

Source: www.thomasmore.co.uk

BAILII: Recent Decisions

Posted May 5th, 2020 in law reports by sally

High Court (Chancery Division)

Brake & Ors v Swift & Ors [2020] EWHC 1071 (Ch) (04 May 2020)

Source: www.bailii.org

Down’s Syndrome student wins compensation after school sent letter to parents detailing violent behaviour – Daily Telegraph

Posted May 5th, 2020 in compensation, data protection, disabled persons, human rights, news, school children, special educational needs by sally

‘The family of a child with Down’s Syndrome has been awarded compensation after a primary school sent a letter to parents detailing her violent behaviour and disability.’

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Daily Telegraph, 4th May 2020

Source: www.telegraph.co.uk

Optimism of the will, pessimism of the intellect – Nearly Legal

Posted May 5th, 2020 in coronavirus, landlord & tenant, news, reports, repossession, select committees, stay of proceedings by sally

‘According to this Inside Housing report of a Housing, Communities and Local Government Select Committee meeting today (4 May), the Housing Minister Robert Jenrick announced prospective measures to avoid a deluge of eviction proceedings at the expiry of the PD51Z stay.’

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Nearly Legal, 4th May 2020

Source: nearlylegal.co.uk

PPE & sex discrimination claims – Cloisters

Posted May 5th, 2020 in coronavirus, doctors, news, nurses, protective equipment, sex discrimination by sally

‘The media is currently saturated with reports concerning the absence of adequate Personal Protective Equipment (‘PPE’) in clinical settings. To date, commentators have understandably focused on the extent to which employers may be breaching health and safety legislation by failing to provide staff with PPE and whether staff are protected under whistleblowing legislation if they speak out. Moreover, this month two doctors launched an urgent legal challenge to guidance by NHS England on PPE. In this blog, Dee Masters and Jen Danvers look at a different aspect to the PPE debate, namely whether there is scope for sex discrimination claims arising from equipment which has been designed to fit the average man rather than their female colleagues.’

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Cloisters, 29th April 2020

Source: www.cloisters.com

Coronavirus: Draft post-lockdown workplace rules contain ‘huge gaps’ – TUC – BBC News

Posted May 5th, 2020 in coronavirus, employment, health & safety, news, trade unions by sally

‘Draft guidance for getting people back to work during the coronavirus pandemic could compromise worker safety, the head of the TUC has warned.’

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BBC News, 4th May 2020

Source: www.bbc.co.uk

Insolvent FC – 3 Hare Court

Posted May 5th, 2020 in insolvency, news, sport by sally

‘Football insolvencies are different than others. In their community impact, yes, but, to some extent at
least, legally as well. They may also be becoming more common.’

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3 Hare Court, 4th May 2020

Source: 3harecourt.com