One in seven female solicitors suffer bullying or discrimination – Legal Futures

‘One in seven female solicitors have experienced bullying, discrimination and harassment in the workplace over the past year, Law Society research has revealed.’

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Legal Futures, 16th April 2020

Source: www.legalfutures.co.uk

Sawkill -v- Highways England Company Ltd [2020] EWHC 801(Admin) – No. 5 Chambers

Posted April 16th, 2020 in chambers articles, news, planning, roads, statutory interpretation by sally

‘This case, although legally technical in nature, provides an interesting illustration of the way that the courts grapple with interpreting statutory powers in real-world situations.’

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No. 5 Chambers, 8th April 2020

Source: www.no5.com

Charles and Diana Ingram to challenge guilty verdicts in Millionaire case – The Guardian

Posted April 16th, 2020 in appeals, deceit, miscarriage of justice, news by sally

‘Charles and Diana Ingram will ask the court of appeal to overturn their convictions for cheating on Who Wants to Be a Millionaire? – arguing that new audio analysis casts serious doubt on the evidence used to prosecute them.’

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The Guardian, 15th April 2020

Source: www.theguardian.com

Coronavirus Job Retention Scheme – how does it fit with the existing law on lay-offs and short-time working? – 3PB

Posted April 16th, 2020 in contract of employment, coronavirus, employment, news, remuneration by sally

‘The government has now provided details of the ‘Coronavirus Job Retention Scheme’ which was first announced on 20 March 2020.’

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3PB, 7th April 2020

Source: www.3pb.co.uk

The impact of Coronavirus, part 1: trial by jury during a pandemic – 6KBW College Hill

‘Covid 19: the current situation is so fast moving that anything written will almost inevitably be out of date by the time it is typed. However, following the effective “lock down” from 8.30pm on 23 March 2020 it may be that there are fewer further changes until restrictions can be eased, and it is useful to reflect on the effect so far.’

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6KBW College Hill, 30th March 2020

Source: blog.6kbw.com

Parole Hearings – consideration of unproven allegations (Morris v Parole Board) – Georgia Beatty & Joe O’Leary for Lexis Nexis PSL – 5SAH

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

‘A Parole Board is not only entitled to consider unproven criminal allegations made against the prisoner, but is expected to do so. The 2019 ‘Guidance on Allegations’ issued by the Secretary of State for Justice (SSJ) is consistent with decided authority and is not unlawful. ‘Mere allegations’ with no evidential basis whatsoever should not be considered. However, where there is sufficient evidential material for a Board to make ‘at least some findings of fact’, an unproven allegation should be taken into account as part of the Board’s overall risk assessment. The strength or weakness of the supporting material will go to the weight that a Board is entitled to place on the allegation in that assessment. Consideration of unproven allegations is subject to relevance and the overriding requirement that a Parole Board must act fairly.’

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5SAH, 8th April 2020

Source: www.5sah.co.uk

Coronavirus: Shop workers should be trained to help abuse victims – BBC News

Posted April 16th, 2020 in coronavirus, domestic violence, families, homicide, news, statistics, victims by sally

‘Supermarket workers should be trained to identify and help domestic abuse victims during the pandemic through a code word system, MPs have been told.’

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BBC News, 15th April 2020

Source: www.bbc.co.uk

COVID-19 Dispute Resolution – Applying the Principle of Frustration to Cancellations Caused by the Virus – 4 New Square

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

‘What happens where a contracting party no longer wishes to perform their obligations because of COVID-19? This is likely to be a major source of disputes in the near future as contracts become uneconomic or difficult to perform because of the virus and the unprecedented disruption it is causing. What are the rights of the parties where an event has been cancelled because of COVID-19 but one of the parties has paid a deposit and the other has spent money preparing for it?’

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4 New Square, 2nd April 2020

Source: www.4newsquare.com

General Medical Council and Professional Standards Authority for Health and Social Care v Dr Zafar – Old Square Chambers

‘The High Court has held that a Court of Appeal judgment in a Civil Contempt sentence appeal involving the Respondent although it did not increase the Respondent doctor’s sentence for contempt but led to a finding of undue lenience should have been put before the Medical Practitioners Tribunal (MPT) when considering the sanction for the admitted Contempt. This is despite the General Medical Council (GMC), which exercised its right of appeal under section 40A of the Medical Act 1983 to bring the case before the High Court, having agreed not to put the judgment before the MPT prior to and during the MPT proceedings.’

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Old Square Chambers, 8th April 2020

Source: www.oldsquare.co.uk

Holding and Management (Solitaire) Limited v Leslie Stafford Miller [2019] UKUT 402 (LC) – Tanfield Chambers

‘The FTT improperly purported to determine matters which it had no statutory authority to do so on the basis of the generality of the County Court’s order transferring the matter to it.’

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Tanfield Chambers, 2nd April 2020

Source: www.tanfieldchambers.co.uk

Out-of-Hours Appointments: A Temporary Fix to a Permanent Problem? – Radcliffe Chambers

‘The past year has seen repeated attempts by the courts to solve the conundrum of electronic working and how it interfaces with outof-court appointments of administrators. Six decisions, all conflicting in whole or in part, none likely to result in an appeal, did little to ease the uncertainty surrounding the validity of notices efiled outside court hours by CE-File. There was no substantive attempt at resolution on the part of the Companies Court or the Insolvency Rules Committee; the Chancellor issued guidance to the effect that notices filed out-of-hours would be referred to a designated High Court Judge.’

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Radcliffe Chambers, 8th April 2020

Source: radcliffechambers.com

High Court: Experts owe clients “fiduciary duty of loyalty” – Litigation Futures

Posted April 16th, 2020 in confidentiality, expert witnesses, fiduciary duty, news, privilege by sally

‘Expert witnesses owe a fiduciary obligation of loyalty to their client and it is not satisfied simply by putting in place measures to preserve confidentiality and privilege, the High Court has ruled.’

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Litigation Futures, 16th April 2020

Source: www.litigationfutures.com

Domestic abuse killings ‘more than double’ amid Covid-19 lockdown – The Guardian

Posted April 16th, 2020 in charities, children, coronavirus, domestic violence, families, homicide, news, statistics by sally

‘At least 16 suspected domestic abuse killings in the UK have been identified by campaigners since the Covid-19 lockdown restrictions were imposed, far higher than the average rate for the time of year, it has emerged.’

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The Guardian, 15th April 2020

Source: www.theguardian.com

“Give Me Just A Little More Time” – Littleton Chambers

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

‘Bianca Balmelli and Nicholas Siddall QC analyse the legal issues arising from the differing responses of sporting events to the Covid-19 pandemic.’

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Littleton Chambers, 7th April 2020

Source: www.littletonchambers.com

Recent Statutory Instruments – legislation.gov.uk

Posted April 16th, 2020 in legislation by sally

The Statutory Sick Pay (General) (Coronavirus Amendment) (No. 3) Regulations 2020

The Land Registration (Amendment) Rules 2020

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted April 16th, 2020 in law reports by sally

High Court (Family Division)

I and L (Children), Re [2020] EWHC 893 (Fam) (15 April 2020)

Source: www.bailii.org

The Mayor and Commonality and Citizens of the City of London v Various Leaseholders of Great Arthur House [2019] UKUT 341 (LC) – Tanfield Chambers

‘The Upper Tribunal determined, by reference to the interpretation of the specific terms of various “Right to Buy” leases, whether the leaseholders were liable to contribute to the landlord’s costs of repairing structural defects.’

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Tanfield Chambers, 2nd April 2020

Source: www.tanfieldchambers.co.uk

Sports Clubs in the Lurch? Considering the Eligibility of Players for Government’s Furlough Scheme – Littleton Chambers

Posted April 15th, 2020 in chambers articles, coronavirus, employment, news, remuneration by sally

‘The restrictive measures imposed in an attempt to curb the spread of Covid-19 are creating an unprecedented and often existential challenge for businesses across the globe, and sports clubs are no exception. Indeed, given the suspension of almost all sports, sports clubs are amongst the worst hit, as most sources of revenue dry up including (depending on where they fall within the pyramid) ticket sales, subs, and revenue gained from hiring out venues for concerts, conferences and other private events.’

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Littleton Chambers, 6th April 2020

Source: www.littletonchambers.com

Amendments to statements of case and the rule in Henderson v Henderson – Wilberforce Chambers

‘Is it possible to resist an application to amend on the grounds that the new case could and should have been advanced earlier in the same proceedings?’

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Wilberforce Chambers, 14th April 2020

Source: www.wilberforce.co.uk

Prosecuting Domestic Violence – New Law Journal

‘On Saturday 15 February, Caroline Flack’s tragic death became widespread news across the country. Having been charged with common assault of her boyfriend, Lewis Burton, she pleaded not guilty on 23 December last year and was due to face trial on 4 March. On the same day that she took her life, a statement from Ms Flack’s management strongly criticised the Crown Prosecution Servce (CPS) for pursuing the case, citing its knowledge of her vulnerability and the lack of support from the alleged victim.’

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New Law Journal, 26th March 2020

Source: www.newlawjournal.co.uk