New Judgment: Aspen Underwriting Ltd & Ors v Credit Europe Bank NV; & anor case [2020] UKSC 11 – UKSC Blog

Posted April 6th, 2020 in appeals, banking, EC law, insurance, jurisdiction, news, Supreme Court by sally

‘The High Court of England and Wales does not have jurisdiction to hear claims to recover sums paid under a settlement agreement relating to the loss of an insured vessel.’

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UKSC Blog, 1st April 2020

Source: ukscblog.com

Lewis Graham: Life Sentences under the Convention: Law or Politics? – UK Constitutional Law Association

‘Sometimes cases stand for far more than their strict ratio decidendi. The High Court’s recent ruling in Hafeez v Secretary of State for the Home Department is a prime example of such a case. The facts are simple. The US sought from the UK the extradition of Mr Hafeez, the alleged leader of an international crime syndicate and so-called “Sultan of drugs”. Unsurprisingly, Mr Hafeez resisted that motion, claiming that were he to be extradited, he would in all likelihood be sentenced to life without parole in the US, which would breach his rights under the ECHR. The UK, he argued, would be complicit in breaching his rights were it to proceed with the extradition. The High Court was to determine whether this was in fact the case.’

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UK Constitutional Law Association, 3rd April 2020

Source: ukconstitutionallaw.org

HS2 wood clearance to go ahead as Chris Packham legal bid fails – The Guardian

Posted April 6th, 2020 in environmental protection, injunctions, judicial review, news, railways by sally

‘The clearing of ancient woods for HS2 is to proceed this month after the high court refused an emergency injunction and judicial review of the government’s decision to proceed with the high-speed railway.’

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The Guardian, 3rd April 2020

Source: www.theguardian.com

Up to 4,000 inmates to be temporarily released in England and Wales – The Guardian

‘As many as 4,000 prisoners in England and Wales are to be temporarily released from jail in an effort to try and control the spread of coronavirus, the government has announced.’

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The Guardian, 4th April 2020

Source: www.theguardian.com

New Judgment: Zipvit Ltd v Commissioners for Her Majesty’s Revenue and Customs [2020] UKSC 15 – UKSC Blog

‘The case concerned whether Zipvit, a trader selling vitamins and minerals by mail order, is entitled when accounting for VAT on its sales to make deductions of input VAT (the tax paid by the trader on goods and services purchased in connection with its business, as opposed to output VAT, which is the tax charged to the consumer by the trader on its goods or services) in respect of the price of postal services supplied to it by Royal Mail.’

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UKSC Blog, 1 April 2020

Source: ukscblog.com

How will law exams be affected by coronavirus? – The Guardian

Posted April 3rd, 2020 in coronavirus, delay, examinations, internet, legal education, news by sally

‘Bar exams have been delayed until August, but trainees have called on regulators to move their assessments online.’

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The Guardian, 3rd April 2020

Source: www.theguardian.com

Personal Protective Equipment: The Basic Legal Principles and Important Government Guidance – Coronavirus: Guidance for Lawyers and Businesses

‘The term “PPE” has become one of general comment and concern. Here our newest recruit at Kings Jasmine Chan explains the Regulations, the duties owed and the government guidance in relation to PPE and coronavirus.’

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Coronavirus: Guidance for Lawyers and Businesses, 2nd April 2020

Source: lawinthetimeofcorona.wordpress.com

Day v Womble Bond Dickinson (UK) LLP [2020] EWCA Civ 447: Would your 12 year old understand when to stop?- Hailsham Chambers

Posted April 3rd, 2020 in appeals, chambers articles, fees, illegality, law firms, negligence, news by sally

‘By this notable decision the Court of Appeal has offered a useful illustration of the strict limits to the scope for claims by previously convicted claimants against their former lawyers,
alleging negligence in respect of the defence of the earlier criminal proceedings.’

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Hailsham Chambers, 30th March 2020

Source: www.hailshamchambers.com

Possession proceedings and COVID-19 – Henderson Chambers

‘With the government ordering people to stay at home during the COVID-19 global pandemic, questions necessarily arise for those whose “home” is a rented property. What does this mean for landlords and tenants alike? Broadly, whilst the Government made loud promises about banning evictions, the Coronavirus Act 2020 makes more ‘watered down’ provision, giving greater comfort to landlords but potentially leaving tenants mired in uncertainty.’

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Henderson Chambers, 27th March 2020

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Releasing the Pressure on Prisons – Nexus Chambers

Posted April 3rd, 2020 in chambers articles, coronavirus, health, health & safety, news, prisons by sally

‘The Covid 19 pandemic has led to lock-downs of populations the world over. The global has become the local. For our safety we are subject to unprecedented restrictions on our movement. So, it is cruelly ironic that Government inaction has created the situation where Covid-19 has taken a hold on those in our prisons.’

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Nexus Chambers, 3rd April 2020

Source: www.nexuschambers.com

Sporting Event Cancellation Insurance: Will it play ball or be kicked into touch? – 4 New Square

Posted April 3rd, 2020 in chambers articles, coronavirus, insurance, news, sport by sally

‘Many events, including music, theatre, conferences and exhibitions have been cancelled or postponed in the wake of COVID-19 and more will follow.’

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4 New Square, 25th March 2020

Source: www.4newsquare.com

Delivering justice during the COVID-19 pandemic – Courts and Tribunals Judiciary

‘Maintaining access to justice and enabling people to exercise their rights and have effective participation in the legal system has never been more important than now. The judiciary are quickly adapting their ways of working to deliver justice during the coronavirus pandemic.’

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Courts and Tribunals Judiciary, 3rd April 2020

Source: www.judiciary.uk

Infrastructure and the Environment – some learning from Heathrow – No. 5 Chambers

‘At present, the contest between need and the environmental effects of expansion of Heathrow has been settled by a virus. The Government advises against all international travel. In the minds of many, and in particular the media, R (oao) Planet B Earth v Secretary of State for Transport [2020] EWCA Civ 214, is a case about climate change and, of course, it is. But it is also a case which yields learning in a host of other areas. This short piece highlights one of them. It is this question: in a technical or scientific case, how closely will the court mark the parties’ homework? Is it ‘tick and flick’ or PhD viva? As always, lawyers have coined their own term – ‘intrusiveness of review’.’

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No. 5 Chambers, 19th March 2020

Source: www.no5.com

COVID-19: Competition and State Aid Law During the Coronavirus Crisis – St John’s Chambers

Posted April 3rd, 2020 in chambers articles, coronavirus, EC law, news, state aids by sally

‘This note reflects developments as at 26 March 2020. It provides an overview of how UK and
EU competition law and EU State aid law will apply during the COVID-19 crisis. It is not legal
advice and should not be relied upon as such.’

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St John's Chambers, 26th March 2020

Source: www.stjohnschambers.co.uk

Data Protection and Capital Punishment – The 36 Group

‘Case note on the Supreme Court’s judgment in Elgizouli (appellant) v Secretary of State for the Home Department (respondent) [2020] UKSC 10.’

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The 36 Group, 30th March 2020

Source: 36group.co.uk

Covert recordings: does the end justify the means? – 12 King’s Bench Walk

‘Covert recording is featuring increasingly in both employment and personal injury law – and the ramifications of recent decisions are yet to be fully played out. Two recent cases consider the issue from both sides in the workplace; Phoenix, featured covert recording by an employee and López considered covert surveillance by employers.’

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12 King's Bench Walk, 25th March 2020

Source: www.12kbw.co.uk

Contracting with Coronavirus: the NEC contract terms – 39 Essex Chambers

‘This article, the second in a series of three articles, considers the effect of Coronavirus on the contract regimes applicable to NEC forms of contract. Other articles cover JCT terms, and the possible impact of the common law principle of frustration.’

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39 Essex Chambers, 27th March 2020

Source: www.39essex.com

Coronavirus and Child Arrangement Orders by John Myers – Broadway House Chambers

‘Much anxiety has been caused to parents by the impact of the Government’s Stay at Home Rules on Child Arrangement Orders, and particularly on the requirement for children to spend time with the non-resident parent.’

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Broadway House Chambers, 26th March 2020

Source: broadwayhouse.co.uk

Criminal Powers in response to Covid-19 – stay indoors instructions – 5 SAH

‘On 23 March 2020, the Prime Minister instructed everyone to remain in their homes in order to limit the spread of COVID-19. The overwhelming majority of individuals and businesses have taken steps to comply with that instruction. However, concerns remained about the large number of people continuing to use London Underground, groups of people congregating in public places and a small number of people steadfastly refusing to comply. From the off, law enforcement officials were asking to be furnished with powers to enforce compliance.’

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5 SAH, 30th March 2020

Source: www.5sah.co.uk

Most chambers “face collapse” without government cash – Legal Futures

Posted April 3rd, 2020 in barristers, budgets, coronavirus, news, pupillage, statistics by sally

‘More than half of barristers’ chambers will go out of business within six months if they do not receive financial support from the government during the coronavirus crisis, the Bar Council has warned.’

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Legal Futures, 3rd April 2020

Source: www.legalfutures.co.uk