Gareth Evans: Devolution in Wales: From Assembly to Parliament – UK Constitutional Law Association

Posted April 17th, 2020 in constitutional law, devolution, news, Wales by sally

‘On 6 May 2020, the National Assembly for Wales (hereafter “the Assembly”) will officially be renamed, adopting the new title of Senedd Cymru / Welsh Parliament. The change comes as a result of section 9 of the Wales Act 2017, amending the Government of Wales Act 2006 (hereafter “GOWA”) to include the new section 111A which transfers to the Assembly the power to legislate on matters relating to its electoral and operational arrangements.’

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UK Constitutional Law Association, 15th April 2020

Source: ukconstitutionallaw.org

Full-time carer crowd funds investigation into legal challenge over failure to increase Carer’s Allowance during coronavirus pandemic – Local Government Lawyer

Posted April 17th, 2020 in benefits, carers, coronavirus, disabled persons, families, news by sally

‘A mother who cares full-time for her severely disabled daughter is crowdfunding an investigation into the potential for a legal challenge over the government’s decision not to increase the Carer’s Allowance in line with other benefits in response to the COVID-19 outbreak.’

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Local Government Lawyer, 14th April 2020

Source: www.localgovernmentlawyer.co.uk

Does a Tenant really have to go on paying rent during lockdown? Perhaps we should ask the Officious Bystander… – Falcon Chambers

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

‘If tenants are precluded by law from making use of the premises demised them, do they still have to go on paying their rent in full?’

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Falcon Chambers, April 2020

Source: www.falcon-chambers.com

Aviation during Covid-19: Defending passenger claims – The 36 Group

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

‘The aviation sector is in unchartered territory. Passenger air travel across the globe has virtually come to a halt, with no immediate end in sight. The plethora of issues facing airlines include rights and obligations arising out of aircraft leasing, accepting state aid to stay afloat and the prospect of passenger claims arising out of the cancellation of flights. In this article, we consider the legal implications of cancelling flights pursuant to Regulation (EC) No. 261/2004 [“the Regulation”].’

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The 36 Group, 7th April 2020

Source: 36group.co.uk

The Use of Statistical Evidence in Clinical Negligence Cases – 39 Essex Chambers

Posted April 17th, 2020 in appeals, causation, chambers articles, damages, negligence, news, statistics by sally

‘Can a claimant in a clinical negligence claim who is unable to prove the precise mechanism by which a positive outcome would have been achieved still succeed on causation? Yes, held the Court of Appeal in Schembri v Marshall[1]. The judgment also provides a useful summary of authorities dealing with the use of statistics for causation purposes in clinical negligence cases.’

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39 Essex Chambers, 8th April 2020

Source: www.39essex.com

Coronavirus: residential possessions and lease forfeiture proceedings – Becket Chambers

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

‘The Coronavirus Act 2020 has put a hold on any existing residential possession proceedings for a period of 90 days and extended the notice period required as a precursor for any new residential possession to three months (section 81 of the Act and Practice Direction 51Z) and removed the right of re-entry or forfeiture for business tenancies for non-payment of rent until (at present) the 30th June 2020 (section 82).’

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Becket Chambers, 3rd April 2020

Source: becket-chambers.co.uk

Litigation funding: a new reality post-Chapelgate – Six Pump Court

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

‘In this article, Gordon Wignall discusses the position of funding in England and Wales post-Chapelgate, where the automatic protection of the Arkin ‘cap’ was lifted. He also discusses grounds for the introduction of litigation funding in Ireland.’

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Six Pump Court, 17th April 2020

Source: www.6pumpcourt.co.uk

Deportation: when is it “unduly” harsh on a child? – Doughty Street Chambers

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

‘The law concerning harm to children in deportation cases has become bleak, but a recent decision of UT Judge Keith, posted on the UT’s website as an unreported case on 19 March 2020, does point to one way forward. In it, the Home Office made a potentially significant concession as to the test for avoiding deportation in s.117C(5) of the Nationality, Immigration and Asylum Act 2002, i.e. whether deportation would have an “unduly harsh” effect on the individual’s partner or child. That test relates to those who are defined as “foreign criminals” but who have been sentenced to less than four years’ imprisonment.’

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Doughty Street Chambers, 8th April 2020

Source: insights.doughtystreet.co.uk

Package Travel and Educational Institutions – 39 Essex Chambers

Posted April 17th, 2020 in accidents, chambers articles, compensation, education, holidays, interpretation, news, personal injuries, universities by sally

‘Is a field trip provided by a university to undergraduates as part of a degree course a package tour? The court considered the question in McCulloch v University of Leicester (HHJ Hedley, 27 February 2020).’

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39 Essex Chambers, 8th April 2020

Source: www.39essex.com

On The Move – Ropewalk Chambers

Posted April 17th, 2020 in appeals, chambers articles, data protection, doctors, employment, news, personal injuries, sexual offences, Supreme Court, vicarious liability by sally

‘On the inauspicious April Fool’s Day, the Supreme Court brought a stop to the expanding course of the law of vicarious liability in two decisions which bear careful consideration and will have a significant impact on the scope for liability in the law of tort generally, beyond the particular contexts of sexual abuse and data protection litigation.’

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Ropewalk Chambers, 14th April 2020

Source: www.ropewalk.co.uk

Coronial causation in a mental health context: case comment by Simon Connolly – Park Square Barristers

Posted April 17th, 2020 in causation, chambers articles, coroners, inquests, judicial review, mental health, news by sally

‘The Claimant (mother of the Deceased) applied to judicially review the Coroner’s decision and record of inquest on five grounds.’

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Park Square Barristers, 9th April 2020

Source: www.parksquarebarristers.co.uk

Coronavirus, adjudication and injunctions – Practical Law Construction Blog

Posted April 17th, 2020 in building law, construction industry, coronavirus, injunctions, news by sally

‘Coronavirus, or COVID-19, is impacting all parts of our lives. Currently, the focus in the construction industry is rightly on the safety of workers still attending sites. No doubt, the future will see litigation on whether the coronavirus gives rise to extensions of time, force majeure, frustration or other legal rights or remedies.’

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Practical Law Construction Blog, 15th April 2020

Source: constructionblog.practicallaw.com

Local authorities and health bodies handed new permitted development right to deal with COVID-19 emergency – Local Government Lawyer

Posted April 17th, 2020 in coronavirus, emergency powers, enforcement, health, local government, news by sally

‘The Secretary of State for Housing, Communities and Local Government has introduced a new permitted development right for local authorities and certain health service bodies in England to carry out development with a view to tackling the coronavirus emergency.’

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Local Government Lawyer, 14th April 2020

Source: www.localgovernmentlawyer.co.uk

Force Majeure and reasonable endeavours clauses – 11 KBW

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

‘As the United Kingdom is in the midst of an extended period of lockdown pursuant to the Health Protection (Coronavirus Restrictions) (England) Regulations 2020 (“the Coronavirus Regulations”), contracting parties are turning to the often overlooked force majeure clauses in their agreements.’

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11 KBW, 9th April 2020

Source: www.11kbw.com

Unexplained Wealth Orders by Samreen Akhtar – Broadway House Chambers

Posted April 17th, 2020 in chambers articles, news, proceeds of crime, unexplained wealth orders by sally

‘On 08 April 2020, Nurali Aliyev and his mother, Dariga Nazarbayeva, won a High Court challenge against Unexplained Wealth Orders (“UWOs”) that were obtained by the National Crime Agency (“NCA”). The UWOs centred on three properties based in London and valued in excess of £80m. Dr Nazarbayeva is a politician in Kazakhstan and the daughter of the former Kazakh president Nursultan Nazarbayev. The NCA, who suspected that the properties had been purchased using money embezzled by Mr Aliyev’s deceased father, have indicated that they will be appealing the High Court decision.’

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Broadway House Chambers, 14th April 2020

Source: broadwayhouse.co.uk

Remote hearings: injunction to stop ‘car cruising’ continued in open court without attendance of the parties – Wolverhampton City Council & Ors v Persons Unknown – Hardwicke Chambers

Posted April 17th, 2020 in chambers articles, coronavirus, injunctions, live link evidence, news, nuisance, remote hearings by sally

‘This was a review hearing for a quia timet injunction against ‘car cruising’ in areas of the Claimant local authorities before His Honour Judge Worster sitting as a High Court Judge in the QBD, Birmingham District Registry. ‘Car cruising’, or ‘street cruising’ as it is sometimes defined, is a congregation of two or more motor vehicles driving dangerously or in an anti-social way so as to cause nuisance, damage or danger to the public; usually gatherings to race or perform stunts in cars, motorbikes or quad bikes, which have been a particular problem in particular parts of Birmingham.’

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Hardwicke Chambers, 3rd April 2020

Source: hardwicke.co.uk

Oral hearings – who needs them? – Doughty Street Chambers

Posted April 17th, 2020 in chambers articles, immigration, news, oral hearings, tribunals by sally

‘The Upper Tribunal’s ‘Presidential Guidance Note No 1 2020: Arrangements During The COVID-19 Pandemic’ envisages moving, in immigration and asylum cases, to a system where the UT may decide certain matters on the papers and without a hearing. At the moment these are limited to (i) whether the First-tier Tribunal made an error of law and (ii) if it did, whether its decision should be set aside.’

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Doughty Street Chambers, 9th April 2020

Source: insights.doughtystreet.co.uk

COVID-19 and remote trials – 4 New Square

Posted April 17th, 2020 in chambers articles, coronavirus, courts, live link evidence, news, trials by sally

‘The first judgment has now been reported on the effect of COVID-19 on a forthcoming trial. In Re One Blackfriars Ltd, Hyde v. Nygate [2020] EWHC 845(Ch), John Kimbell QC, sitting as a Deputy High Court judge, refused to adjourn a trial due to start in June but ruled that it should proceed remotely by video-link.’

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4 New Square, 14th April 2020

Source: www.4newsquare.com

Lucy’s Law – Pump Court Chambers

Posted April 17th, 2020 in animals, chambers articles, licensing, news by sally

‘On Monday 6 April 2020, the Government brought into force new legislation in England to ban the commercial third-party sale of puppies and kittens, under six months old, by anyone other than a registered breeder.’

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Pump Court Chambers, 7th April 2020

Source: www.pumpcourtchambers.com

Furloughing: Options for Employers – Coronavirus: Guidance for Lawyers and Businesses

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

‘At the weekend the government updated the terms of its job retention scheme, and provided clarity about what furloughed employees may do for the business. Helen Gardiner looks at the options.’

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Coronavirus: Guidance for Lawyers and Businesses, 15th April 2020

Source: lawinthetimeofcorona.wordpress.com