‘The proportion of solicitors who attended state schools is creeping upwards, but those who went to fee-paying schools dominate corporate work, according to the Solicitors Regulation Authority (SRA).’
Legal Futures, 31st March 2020
Source: www.legalfutures.co.uk
‘As every property practitioner knows, s 2(3) of the Law of Property (Miscellaneous Provisions) Act 1989 (the 1989 Act) requires a contract for the sale or other disposition of land to be ‘signed by or on behalf of each party’. Neocleous v Rees [2019] EWHC 2462 (Ch), [2019] All ER (D) 25 (Oct) was the first occasion on which the court was asked to determine whether an email footer satisfied the requirement for a signature in s 2(3). The issue arose in the context of an alleged compromise agreement between the parties to a property dispute, which was contained in an exchange of emails between their solicitors. Viewed in the wider context of the earlier authorities, and a recent Law Commission report, the decision encourages practitioners to consider how formality requirements in property transactions—and more generally—are now operating in an increasingly digital world.’
Falcon Chambers, 13th March 2020
Source: www.falcon-chambers.com
‘The primary issue for the Court of Appeal in this case was what conduct constitutes abuse of process where one party to litigation unilaterally suspends proceedings for a substantial amount of time without the agreement of the other party nor the approval or an Order of the court.’
Hardwicke Chambers, 27th March 2020
Source: hardwicke.co.uk
‘Lawyers for five peaceful protestors, supported by the Weald Action Group, have applied to the High Court to bring an end to an interim injunction against protest at oil sites in Surrey and Sussex in line with a new Court of Appeal ruling.’
Garden Court Chambers, 1st April 2020
Source: www.gardencourtchambers.co.uk
‘The Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 (Reg 6) and the Health Protection (Coronavirus Restrictions) (Wales) Regulations 2020 (Reg 8) both provide in identical wording that ‘During the emergency period, no person may leave the place where they are living without reasonable excuse.’ Both also enumerate thirteen exceptions (‘reasonable excuses’) to the rule. These are the restrictions widely referred to as the ‘lockdown.’ There is a question at the moment about whether they are so invasive as to be unlawful. This two-part post briefly reviews the legal basis for the confinement. I argue that the lockdown is lawful.’
UK Constitutional Law Association, 1st April 2020
Source: ukconstitutionallaw.org
‘All persons are guaranteed the right to liberty and security of the person, as enshrined in Article 5 of the European Convention of Human Rights. As such, when an issue arises with regard to a potential deprivation of liberty of a child (or indeed of any person), appropriate procedural safeguards must be in place to ensure the child’s Article 5 as well as their Article 8 rights to private and family life are sufficiently protected. For some time, the courts have undertaken this process through the use of the inherent jurisdiction of the High Court to authorise and review any such deprivation of liberty in a way that renders the process compliant with Article 5.’
Family Law Week, 12th March 2020
Source: www.familylawweek.co.uk
‘The Vice-President of the Court of Protection has today (31 March) issued updated guidance on remote access to the court.’
Local Government Lawyer, 31st March 2020
Source: www.localgovernmentlawyer.co.uk
‘Arianna Kelly looks at the newly-published guidance on social care during the Emergency Period.’
Coronavirus: Guidance for Business and Lawyers, 31st March 2020
‘An academic who was present at the first Court of Protection hearing to be conducted over Skype last month has raised concerns over its impact on relatives and witnesses.’
Legal Futures, 1st April 2020
Source: www.legalfutures.co.uk
‘A man who coughed in the face of a police officer arresting him for assaulting a woman has been jailed.’
BBC News, 31st March 2020
Source: www.bbc.co.uk
‘EP was a 21 year old who suffered a number of mental disorders, bulimia nervosa, unstable personality disorder, depression and features of dependence syndrome. He had supplied her with DNP over the internet. She had consumed a number of capsules of DNP and suffered a most distressing death as it destroyed her internal organs causing them to fail. There is no effective treatment for what she suffered.’
St Pauls Chambers, 20th March 2020
Source: www.stpaulschambers.com
‘The Terrorist Offenders (Restriction of Early Release) Bill was introduced into Parliament on the 3rd February 2020, as ‘emergency legislation’ in response to the Streatham Hill terrorist attack that took place on 2nd February 2020. This terrorist incident followed two other attacks by men who had also been convicted of terrorism offences and had recently been released from prison.’
Pump Court Chambers, 30th March 2020
Source: www.pumpcourtchambers.com
‘The Housing Grants, Construction and Regeneration Act 1996 created hybrid contracts, and with that, complications as to the relationship between these contracts and the Act. In the significant case of C Spencer Limited v M W High Tech Projects UK Limited [2020] EWCA Civ 331, Lord Coulson clarifies whether a valid payment notice ought to separately identify the sum due in respect of construction operations.’
Hardwicke Chambers, 26th March 2020
Source: hardwicke.co.uk
‘The High Court has rejected an appeal by a developer over a building described by a planning inspector as “a brilliant response to its context”.’
Local Government Lawyer, 27th March 2020
Source: www.localgovernmentlawyer.co.uk
‘In PBS Energo v Bester Generacion [2020] EWHC 223 (TCC), the Technology and Construction Court concluded that asbestos contamination, encountered on a biomass energy plant construction project, had been foreseeable in light of the pre-contract information provided to the subcontractor. The effect of this was that the subcontractor had not been entitled to an extension of time.’
Law Society's Gazette, 30th March 2020
Source: www.lawgazette.co.uk
‘The rules regarding applications to set aside default judgment are contained within CPR 13.3 and the court may set aside judgment if:
(a) the defendant has a real prospect of successfully defending the claim; or
(b) it appears to the court that there is some other good reason why –
(i) the judgment should be set aside or varied; or
(ii) the defendant should be allowed to defend the claim.’
Becket Chambers, 25th March 2020
Source: becket-chambers.co.uk
‘This piece, by Thomas de la Mare QC, considers how open civil justice, and in particular public hearings, will work in the coronavirus era.’
Blackstone Chambers, 30th March 2020
Source: www.blackstonechambers.com
‘A serial sexual predator has been jailed for eight years for stalking and sexually assaulting a woman while on licence.’
The Guardian, 30th March 2020
Source: www.theguardian.com
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