Public Funds Part 3: Change of conditions to allow access to public funds – Richmond Chambers

Posted May 26th, 2020 in benefits, chambers articles, immigration, news by sally

‘In this third post, following on from Public Funds Part 1: Public Funds and Coronavirus and Public Funds Part 2: Claiming Child Benefit we consider how to apply for a change of conditions to allow access to public funds, for individuals who are in the UK with limited leave to enter or remain subject to a condition of having no recourse to public funds.’

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Richmond Chambers, 15th May 2020

Source: immigrationbarrister.co.uk

Lewes sex abuser Jonathan Smith’s victim feels hope after his jailing – BBC News

Posted May 26th, 2020 in child abuse, imprisonment, mental health, news, sentencing, sexual offences, victims by sally

‘A woman who was systematically abused as a child by a world-renowned music director has gone from “despair to hope” after seeing him finally jailed.’

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BBC News, 22nd May 2020

Source: www.bbc.co.uk

Cash machines in supermarkets not separate hereditaments for rating purposes: Supreme Court – Local Government Lawyer

Posted May 26th, 2020 in appeals, local government, news, rates, Supreme Court, valuation by sally

‘The Supreme Court has upheld a Court of Appeal ruling that ATM machines are not rateably occupied separately from the host stores.’

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Local Government Lawyer, 21st May 2020

Source: www.localgovernmentlawyer.co.uk

Jaden Moodie: ‘Chances missed’ to protect boy groomed by dealers – BBC News

Posted May 26th, 2020 in causing death of children or vulnerable adults, children, drug offences, drug trafficking, gangs, homelessness, housing, murder, news, police, professional conduct by sally

‘A boy who was “butchered” in a drugs turf war after being groomed by drug dealers had been arrested in a crack den months earlier but police did not contact child exploitation staff, a report has found.’

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BBC News, 26th May 2020

Source: www.bbc.co.uk

Campaigners in legal threat over “failure to collect data on deaths of those with learning disabilities and autism during COVID-19” – Local Government Lawyer

Posted May 26th, 2020 in autism, coronavirus, disability discrimination, disabled persons, learning difficulties, local government, news, statistics by sally

‘Disability campaigners have sent a letter before action to five public bodies over what they say has been a failure to mandate the collection and publication of data on the deaths of people with learning disabilities and autism during the coronavirus pandemic.’

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Local Government Lawyer, 21st May 2020

Source: www.localgovernmentlawyer.co.uk

England and Wales face backlog of 40,000 criminal cases due to coronavirus – The Guardian

Posted May 26th, 2020 in coronavirus, courts, criminal justice, delay, news, remote hearings, statistics by sally

‘The criminal justice system in England and Wales is facing a backlog of 40,000 criminal cases, which will not be solved even if all crown courts are brought into service under physical distancing rules, the Criminal Bar Association has warned.’

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The Guardian, 24th May 2020

Source: www.theguardian.com

Rule committee urged to review disbursements in fixed-cost cases – Litigation Futures

Posted May 22nd, 2020 in appeals, civil procedure rules, costs, fees, news, personal injuries, Supreme Court by sally

‘The Supreme Court has called on the Civil Procedure Rules Committee to review the issue of whether disbursements should be payable separately in fixed-cost personal injury cases.’

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Litigation Futures, 21st May 2020

Source: www.litigationfutures.com

Court rules bar set too high for NHS surcharge and visa fee waivers – The Guardian

Posted May 22nd, 2020 in emergency services, fees, government departments, immigration, medical treatment, news, visas by sally

‘A court ruling has given hope to thousands of migrants, including health and care workers, that they will no longer have to pay visa and NHS surcharge fees if they cannot afford them.’

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The Guardian, 21st May 2020

Source: www.theguardian.com

Supreme Court hands down key ruling on listed buildings – Local Government Lawyer

Posted May 22nd, 2020 in appeals, building law, interpretation, local government, news, planning, Supreme Court by sally

‘Planning inspectors should reconsider whether two lead urns that were placed on top of limestone piers at a historic house were “buildings” or not, the Supreme Court has ruled.’

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Local Government Lawyer, 21st May 2020

Source: www.localgovernmentlawyer.co.uk

COVID-19: The ‘New Normal’ Experiences in the Employment Tribunal – Parklane Plowden

Posted May 22nd, 2020 in case management, chambers articles, coronavirus, employment, employment tribunals, news by sally

‘In 18th March 2020, the Presidents of the Employment Tribunal (Scotland) and (England and Wales) released Presidential Guidance.’

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Parklane Plowden, 11th May 2020

Source: www.parklaneplowden.co.uk

Shut-down firm ordered to pay former staff £375,000 – Legal Futures

Posted May 22nd, 2020 in codes of practice, compensation, conveyancing, employment, employment tribunals, law firms, news, redundancy, unfair dismissal by sally

‘A law firm shut down by its regulator last year has been ordered to pay former staff £375,000 for multiple employment law breaches.’

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Legal Futures, 22nd May 2020

Source: www.legalfutures.co.uk

Judge names council after deciding knowledge of its social services failures in care case outweighed risk of jigsaw identification of children – Local Government Lawyer

Posted May 22nd, 2020 in anonymity, appeals, child abuse, children, families, local government, media, news, public interest, sexual offences, social services by sally

‘A judge has severely criticised the London Borough of Haringey’s child social services department, after deciding to name the council following an appeal by the Press Association over an earlier anonymity order.’

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Local Government Lawyer, 21st May 2020

Source: www.localgovernmentlawyer.co.uk

Children getting older as ‘unnatural increase’ for overcrowding – Nearly Legal

Posted May 22nd, 2020 in children, families, housing, judicial review, local government, news by sally

‘This was a judicial review of Southwark’s allocation decision on the priority to be given to a family in accommodation which had become statutorily overcrowded.’

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Nearly Legal, 21st May 2020

Source: nearlylegal.co.uk

BSB outlines concern over post-virus ‘virtual’ chambers – Legal Futures

Posted May 22nd, 2020 in barristers, coronavirus, flexible working, news, pupillage by sally

‘Some chambers may choose to continue operating virtually once the Covid-19 crisis passes, with “significant implications” for their support services and collegiality, the Bar Standards Board (BSB) heard yesterday.’

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Legal Futures, 22nd May 2020

Source: www.legalfutures.co.uk

Consumer Protection in the time of Covid-19 – Henderson Chambers

Posted May 22nd, 2020 in chambers articles, consumer protection, coronavirus, enforcement, news, ombudsmen by sally

‘The Competition and Market Authority (“CMA”) has set up a task force to take action against companies which it considers are breaching consumer laws in the way in which they are dealing with the consequences of the Covid-19 pandemic (for example, companies refusing to provide cash refunds for goods and services which have been disrupted). The CMA has robust enforcement powers such that businesses would be wise to be careful as to how they balance their commercial interests with consumer rights in these difficult times.’

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Henderson Chambers, 13th May 2020

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Hundreds prosecuted for coronavirus-related attacks on emergency workers – The Guardian

Posted May 22nd, 2020 in assault, coronavirus, criminal damage, domestic violence, emergency services, news, police, prosecutions, public order, statistics, theft by sally

‘More than 300 prosecutions for assaults on police and emergency workers were completed during the first month of lockdown, the director of public prosecutions, Max Hill QC, has revealed.’

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The Guardian, 21st May 2020

Source: www.theguardian.com

BAILII: Recent Decisions

Posted May 21st, 2020 in law reports by sally

Court of Appeal (Civil Division)

Revenue And Customs v NCL Investments Ltd & Anor [2020] EWCA Civ 663 (21 May 2020)

High Court (Administrative Court)

R (W, A Child By His Litigation Friend J) v The Secretary of State for the Home Department & Anor [2020] EWHC 1299 (Admin) (21 May 2020)

Fisher, R (On the Application Of) v Durham County Council [2020] EWHC 1277 (Admin) (21 May 2020)

High Court (Chancery Division)

Clitheroe v Bond [2020] EWHC 1185 (Ch) (21 May 2020)

High Court (Commercial Court)

C Ltd v D & X [2020] EWHC 1283 (Comm) (21 May 2020)

High Court (Queen’s Bench Division)

Quaatey v Guy’s & St Thomas’ NHS Foundation Trust [2020] EWHC 1296 (QB) (21 May 2020)

CWD v Nevitt & Ors [2020] EWHC 1289 (QB) (21 May 2020)

High Court (Technology and Construction Court)

DBE Energy Ltd v Biogas Products Ltd [2020] EWHC 1285 (TCC) (20 May 2020)

Source: www.bailii.org

E-Bundling Guidance for Remote Hearings – Falcon Chambers

Posted May 21st, 2020 in coronavirus, electronic filing, news, remote hearings by sally

‘As a result of the Covid-19 pandemic, on 19 March 2020, the Lord Chief Justice delivered a message in respect of the Civil & Family Courts in which he said: “The default position now in all jurisdictions must be that hearings should be conducted with one, more than one, or all participants attending remotely.” Legal professionals are naturally anxious to know what may be expected of them in practically in preparation for such hearings.’

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Falcon Chambers, May 2020

Source: www.falcon-chambers.com

Every dog in the manger has its day. Sometimes two – Hardwicke Chambers

Posted May 21st, 2020 in covenants, landlord & tenant, leases, news, Supreme Court by sally

‘The Court of Appeal decision in Dr Julia Duval v 11 – 13 Randolph Crescent Ltd [2018] EWCA Civ 2298 was a wake-up call to landlords to be alive to their, often overlooked, obligations to enforce tenants’ covenants at the behest of other tenants. That decision has been confirmed by the Supreme Court: [2020] UKSC 18.’

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Hardwicke Chambers, 12th May 2020

Source: hardwicke.co.uk

New Guidance for Coroners on COVID-19 Deaths and Workplace Exposure – Henderson Chambers

Posted May 21st, 2020 in coronavirus, coroners, health & safety, news by sally

‘Concerns have been raised, not least by the bereaved families of key-workers in the frontline, about the possible link between workplace exposure to coronavirus and COVID-19 deaths. The Chief Coroner has now published his Guidance Note No 37 on whether, and how, coronial investigations into such deaths should be opened. This development highlights the likelihood that Coroners’ Courts will be the first fora in which issues over the adequacy and quality of the protection available to workers (whether by PPE or workplace procedures) will be investigated publicly. Given the significance of such issues, it is essential that organisations are prepared for such investigations and inquests.’

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Henderson Chambers, 10th May 2020

Source: 3yf6pp3bqg8c3rycgf1gbn9w-wpengine.netdna-ssl.com