“This lopsided Treaty…” Is the US/UK Extradition Treaty imbalanced? – 6KBW College Hill

Posted April 17th, 2020 in chambers articles, extradition, interpretation, news, treaties by sally

‘Recent high-profile extradition cases have breathed new life into the old question of whether extradition relations between the US and the UK are imbalanced. On 12 February 2020, the Leader of the Opposition stated in Parliament “this lopsided treaty means the US can request extradition in circumstances that Britain cannot”. The Prime Minister replied: “to be frank, I think the right honourable Gentleman has a point in his characterisation of our extradition arrangements with the United States”. It is a question that has arisen time and again since the UK ratified the US/UK Extradition Treaty 2003 (‘the 2003 Treaty’). So, where does the truth of the matter lie?’

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6KBW College Hill, 9th April 2020

Source: blog.6kbw.com

E-Bundling Guide – 4 New Square

Posted April 17th, 2020 in chambers articles, electronic filing, news by sally

‘Drawing on extensive experience of working with different types of e-Bundle, David Turner QC has created a guide setting ou​t the advantages and disadvantages of different types of standalone e-Bundle, a step-by-step approach to their compilation and how to get the most out of them.’

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4 New Square, 14th April 2020

Source: www.4newsquare.com

Changes to Capital Gains Tax from Monday 6 April – Radcliffe Chambers

Posted April 17th, 2020 in capital gains tax, chambers articles, news, taxation by sally

‘Changes to reporting and tax payment requirements on the disposal of UK residential property affecting both UK and non UK tax residents. A brief summary of the main features appears below.’

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Radcliffe Chambers, 2nd April 2020

Source: radcliffechambers.com

Covid-19 and claimed rights of way: lessons from R (on the application of Roxlena Ltd) v Cumbria County Council & Peter Lamb [2019] EWCA Civ 1639 – Landmark Chambers

Posted April 17th, 2020 in appeals, chambers articles, coronavirus, news, rights of way by sally

‘A claim of a public right of way under section 31(1) of the Highways Act 1980 requires use by the public as of right and without interruption for 20 years. Similarly, a claimed private right of way by prescription under the Prescription Act 1832 requires 20 years’ uninterrupted use. To make good a prescriptive claim, whether under the 1832 Act, by the doctrine of lost modern grant or at common law, the use must be of such a character, degree and frequency as to indicate an assertion of a continuous right. The issue we discuss is whether an interruption to use as a result of Covid-19 would count for either of these two purposes.’

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Landmark Chambers, 3rd April 2020

Source: www.landmarkchambers.co.uk

High Court judges order indemnity costs over ADR failures – Litigation Futures

Posted April 17th, 2020 in costs, dispute resolution, indemnities, news, part 36 offers, sexual offences, vicarious liability by sally

‘The courts are getting harder on parties who fail to follow directions to try alternative dispute resolution (ADR), with judges imposing indemnity costs in two cases in recent weeks.’

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Litigation Futures, 16th April 2020

Source: www.litigationfutures.com

The Lockdown and Holiday Lets – Tanfield Chambers

Posted April 17th, 2020 in chambers articles, coronavirus, deposits, hospitals, news by sally

‘There will have been many cottages lying empty over the Easter period. Many of them will have been booked and the person who booked will have paid a deposit. What is the position? Are they liable to pay the balance? Can they recover the deposit? A cursory search of such guidance as there is online suggests that the doctrine of frustration may have been overlooked.’

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Tanfield Chambers, 14th April 2020

Source: www.tanfieldchambers.co.uk

Lifting The Lockdown: Is A Phone App The Answer? – Each Other

Posted April 17th, 2020 in bills, computer programs, coronavirus, data protection, emergency powers, freedom of movement, human rights, news, privacy by sally

‘With the UK’s coronavirus lockdown extended for three more weeks, some people are looking towards a planned NHS phone app as “holding the key” to easing restrictions. But how realistic is this expectation and could there be unexpected consequences? EachOther examines.’

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Each Other, 16th April 2020

Source: eachother.org.uk

Covid-19: contact with children in care – 5SAH

Posted April 17th, 2020 in care homes, care orders, chambers articles, coronavirus, families, family courts, local government, news, parental rights by sally

‘We are plotting a course through unchartered waters. Never before has the family justice system had to deal with such a wide-reaching challenge as the COVID-19 epidemic. The issue of contact with children in care presents one of the most turbulent seas to cross. This article explores the legal principles that will give family practitioners their bearings and guide the court’s approach through the coming weeks and months.’

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5SAH, 6th April 2020

Source: www.5sah.co.uk

Jonathan Upton successful in High Court appeal on the right to enfranchise under the 1967 Act – Each Other

Posted April 17th, 2020 in appeals, chambers articles, enfranchisement, housing, landlord & tenant, leases, news by sally

‘In Freehold Properties 250 Ltd v Field and others [2020] EWHC 792 (Ch) (Marcus Smith J) the court considered: (i) whether a tenant has a right to enfranchise under the Leasehold Reform Act 1967 (“the 1967 Act”) where the structural parts (i.e. the roof, foundations and load-bearing walls) of the house are excluded from the demise; and (ii) whether the exclusion of the structural parts is void under s.23(1) of the 1967 Act.’

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Each Other, 14th April 2020

Source: www.tanfieldchambers.co.uk

“Pardonable in the Heat of Crisis – building a solid foundation for action” – UK Human Rights Blog

Posted April 17th, 2020 in coronavirus, emergency powers, human rights, news, statutory interpretation, ultra vires by sally

‘In a paper published today Lord Sandhurst QC and Benet Brandret QC follow up on the previous paper co-authored by Lord Sandhurst QC by making concrete proposals for addressing the issues identified previously (see the previous paper here and our post on it here). It sets out a more concluded position on the doubts as to the vires for SI 2020/350 by explaining why the Statutory Instrument is, indeed, ultra vires, and the need for new legislation. It also sets out routes to put legislation and Guidance on a sound footing.’

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UK Human Rights Blog, 16th April 2020

Source: ukhumanrightsblog.com

Data Protection in the Age of COVID-19 – Thomas More Chambers

Posted April 17th, 2020 in chambers articles, coronavirus, data protection, news by sally

‘During the COVID-19 pandemic, much concern has focussed on the impact on public health and the economy. Most people would understandably place data protection lower down on their priorities. It has become clear, however, that the pandemic has prompted a variety of legal concerns in this area.’

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Thomas More Chambers, 14th April 2020

Source: www.thomasmore.co.uk

Rent during Covid-19: landlords still hold the strongest hand – Falcon Chambers

Posted April 17th, 2020 in chambers articles, coronavirus, landlord & tenant, news, rent by sally

‘Since the outbreak of the coronavirus pandemic and the coming into force of the Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 (the Regulations) much ink has been spilled about the frustration of leases. While the rapidly expanding body of literature makes interesting reading, it is largely irrelevant for real-world landlords and tenants. No one really wants to argue frustration. Tenants may not want to pay rent, but (unless quitting their business altogether, in which case they may not be overly concerned about past rent) they certainly don’t want to be out on their ear: a necessary corollary of a successful frustration plea.’

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Falcon Chambers, 15th April 2020

Source: www.falcon-chambers.com

Information watchdog sets out its regulatory approach during COVID-19 – Local Government Lawyer

Posted April 17th, 2020 in coronavirus, data protection, freedom of information, news, ombudsmen, privacy by sally

‘The Information Commissioner’s Office has issued a statement setting out its regulatory approach during the coronavirus pandemic, saying it will focus on those areas likely to cause the greatest public harm.’

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Local Government Lawyer, 16th April 2020

Source: www.localgovernmentlawyer.co.uk

MR backs review of guideline hourly rates – Litigation Futures

Posted April 17th, 2020 in civil justice, costs, fees, news, solicitors by sally

‘The Civil Justice Council (CJC) has been tasked with reviewing the guideline hourly rates (GHR), it has emerged, with costs specialists urging it to revert to the old system of setting them locally.’

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Litigation Futures, 17th April 2020

Source: www.litigationfutures.com

Coronavirus: Hull man jailed for coughing in police officer’s face – BBC News

Posted April 17th, 2020 in assault, coronavirus, emergency powers, enforcement, imprisonment, news, police, sentencing by sally

‘A man has been jailed for coughing in the face of a police officer and claiming he had coronavirus.’

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BBC News, 16th April 2020

Source: www.bbc.co.uk

Present & Post Covid-19 Rent Review disputes & ADR – 33 Bedford Row

Posted April 17th, 2020 in chambers articles, coronavirus, dispute resolution, landlord & tenant, news, rent by sally

‘At the best of times there are disputes between commercial landlords and retailers in England and Wales. Over the last month the effect of the Covid 19 public health crisis has laid waste to the high street. Most shops cannot now open, and the ones that can must implement stringent social distancing measures. All pubs, restaurants, cinemas and so on are closed. Where there is no footfall there is no spending by customers and no income generated to pay rent. No one at the time of writing knows exactly when this position will change. The present scenario presents an unattractive vista for commercial landlords. Nothing operates in a vacuum; the rent these landlords were expecting will be income for investors who may own a small retail building and have no other source of income. Large pension funds, who often invest in the high street, will continue to have the normal financial obligations to the members of their fund. Some landlords will be reliant on their commercial rental income to service a loan secured on the building they rent out.’

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33 Bedford Row, 9th April 2020

Source: www.33bedfordrow.co.uk

MPs call for action over expected rise in child sexual abuse during pandemic – The Guardian

Posted April 17th, 2020 in budgets, charities, child abuse, children, coronavirus, internet, news, sexual offences, statistics by sally

‘Increased funding for children’s helplines is among the urgent measures being demanded by a group of cross-party MPs to tackle child sexual abuse during the coronavirus pandemic.’

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The Guardian, 16th April 2020

Source: www.theguardian.com

‘A broad approach taken in the definition of “partner” in a deportation case’ – 33 Bedford Row

Posted April 17th, 2020 in chambers articles, deportation, families, immigration, interpretation, news by sally

‘In the recent deportation case of Buci (Part 5A: “partner”: Albania) [2020] UKUT 87 (IAC)(‘Buci’) the Upper Tribunal (Lane J (President) + Mandalia (Upper Tribunal Judge)) has: (i) defined the meaning of “partner” for the purposes of the exception contained at sections 117C(5)/117D(1) of the Nationality, Immigration and Asylum Act 2002; and (ii) clarified that, even if the relationship relied upon is not with a ‘partner’, it will still be necessary to consider the effect of deportation on the other person.’

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33 Bedford Row, 7th April 2020

Source: www.33bedfordrow.co.uk

Driving to take a walk is lawful during England lockdown, police told – The Guardian

Posted April 17th, 2020 in coronavirus, emergency powers, enforcement, freedom of movement, interpretation, news, police by sally

‘Driving to the countryside and walking – where more time is spent doing the latter than the former – is among a list of reasonable excuses for Britons leaving their home during the coronavirus lockdown, according to advice issued to police.’

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The Guardian, 16th April 2020

Source: www.theguardian.com

Recent Statutory Instruments – legislation.gov.uk

Posted April 17th, 2020 in legislation by sally

The Local Government (Coronavirus) (Structural Changes) (Consequential Amendments) (England) Regulations 2020

Source: www.legislation.gov.uk