Car owner killed vandal caught damaging wing-mirror – BBC News
‘A car owner who fatally injured a vandal caught damaging his wing-mirror has been given a suspended sentence.’
BBC News, 23rd April 2020
Source: www.bbc.co.uk
Knife offences hit record high in 2019 in England and Wales – The Guardian
‘The number of offences involving knives recorded by police in England and Wales in 2019 was the highest on record, official statistics show, with big cities driving up the numbers.’
The Guardian, 23rd April 2020
Source: www.theguardian.com
HMT Direction issued on furlough under the Coronavirus Job Retention Scheme – 11KBW
‘Since announcing the Coronavirus Job Retention Scheme (the “Scheme”) in mid-March, the Government has issued several iterations of Guidance which explain the Scheme – not all in the same way. On 15 April 2020, HMT issued the ‘Coronavirus Act 2020 Functions of Her Majesty’s Revenue and Customs (Coronavirus Job Retention Scheme) Direction’ (the “Direction”). It is the Direction which finally provides a basis in law for the Scheme and to which close attention should now be paid.’
11KBW, April 2020
Source: www.11kbw.com
Commercial property landlords banned from demanding rent arrears – The Guardian
‘Commercial property landlords in the UK have been temporarily banned from taking legal action against tenants who have not paid their rent, to protect retailers and other businesses from “aggressive rent collection” during the coronavirus crisis.’
The Guardian, 23rd April 2020
Source: www.theguardian.com
“The Devil Finds Work for Idle Hands” COVID-19’s Unwanted Cyber Side Effect – The 36 Group
‘Cyber-crime is, at the best of times an evolving topic, in these exceptional times it is extremely fluid, as the ingenuity of the cybercriminal finds fertile ground upon which to prosper. We have in the recent past (literally) applauded the many positive actions that have emanated from this time extraordinary hardship and loss. Sadly, the recipe of “The devil finds work for idle hands” combined with the concept that the exceptional provides opportunity, cybercriminal ingenuity and a general state of latent fear, provides a meal of unrivalled opportunity for those with malevolent intent. The phrase “stay safe” is now of common occurrence. We need to be saying “stay safe” and “stay cyber safe” in these extraordinarily turbulent times.’
The 36 Group, 22nd April 2020
Source: 36group.co.uk
Coronavirus & Arbitration: Institutional Responses, Challenges and Practical Tips (Part Two) – 39 Essex Chambers
‘In the second of two articles looking at the impact of coronavirus on international arbitration,[1] we consider the following two questions:
1. What challenges must arbitration overcome in order to fully adapt to the demands of remote working?
2. How, practically, can these challenges be met?’
39 Essex Chambers, 23rd April 2020
Source: www.39essex.com
Coronavirus & Arbitration: Institutional Responses, Challenges and Practical Tips (Part One) – 39 Essex Chambers
‘The ongoing global pandemic created by Covid-19 (‘coronavirus’) has led to unprecedented restrictions on how we conduct our professional lives. In a matter of weeks, businesses around the world have had to make adjustments which, under different circumstances, would have been made over years – or not at all. The dispute resolution sector is no different.’
39 Essex Chambers, 20th April 2020
Source: www.39essex.com
When is it unfair to conduct a hearing remotely? A look at Re P (A Child: Remote Hearing) [2020] EWFC 32 – St Philips Chambers
‘In the current climate the court and all parties are having to grapple with the thorny issue of the appropriateness for a family law hearing to proceed remotely; particularly concerning contested issues.’
St Philips Chambers, 22nd April 2020
Source: st-philips.com
Access to justice in remote hearings in the Court of Protection and Family Courts – Spire Barristers
‘The Lord Chief Justice, the Master of the Rolls and President of the Family Division have written to Circuit and District Judges of the Civil and Family Courts to record their appreciation for the efforts being made across all parts of the judiciary to adapt to new styles of working during the pandemic. They observe that there has been a great deal that has been learned quickly about the practical benefits and limitations of conducting hearings remotely and extensive materials and support have been shared across the legal community to facilitate such hearings being undertaken.’
Spire Barristers, 20th April 2020
Source: spirebarristers.co.uk
Do Me a Favour… But How? Helping your counterparties without risking your contractual rights – Radcliffe Chambers
‘A lot of attention has focused recently on how to get out of contracts by relying on frustration or force majeure. In the near future, there will be a reckoning of who has behaved well and who has behaved badly, irrespective of their legal rights. In this article, we look at ways in which our less cynical clients can do their commercial counterparties a favour, to help them get through the short term, without running the risk of losing their legal rights in the long term. While our clients might well want to help out the people with whom they do business, they would not want to lose out if they had to prove in a subsequent insolvency.’
Radcliffe Chambers, 22nd April 2020
Source: radcliffechambers.com
Covid19, Force Majeure and Frustration – Thomas More Chambers
‘The Covid19 pandemic and subsequent lockdown have created chaos for many businesses, rendering performance of existing contractual obligations difficult or impossible. This article looks at the potential legal remedies available to businesses facing such difficulties.’
Thomas More Chambers, 22nd April 2020
Source: www.thomasmore.co.uk
BAILII: Recent Decisions
Court of Appeal (Civil Division)
High Court (Administrative Court)
High Court (Chancery Division)
Carr v Thales Pension Trustees Ltd & Anor [2020] EWHC 949 (Ch) (22 April 2020)
Raja v McMIllan [2020] EWHC 951 (Ch) (22 April 2020)
High Court (Commercial Court)
Tyndaris v MMWWVWM Ltd [2020] EWHC 778 (Comm) (22 April 2020)
A v B [2020] EWHC 952 (Comm) (22 April 2020)
Source: www.bailii.org
Health Records and the Deceased – Panopticon
‘The Access to Health Records Act 1990 is an oft-overlooked member of the information rights family, but it can have a useful role to play. In the case of Re AB [2020] EWHC 691 (Fam) (Re AB) it was important because the applicant was the personal representative seeking the health records of a deceased sibling; precisely the sort of territory to which data protection law does not apply.’
Panopticon, 23rd April 2020
Source: panopticonblog.com
Ageism In The Age Of Covid-19 – Each Other
‘Older people are at risk of suffering worse outcomes amid the Covid-19 pandemic. But it is vital we acknowledge more than just their vulnerability.’
Each Other, 22nd April 2020
Source: eachother.org.uk
East Finchley shooting: Man to face fifth trial over same murder charges – BBC News
‘An Old Bailey judge has ruled that a man can go on trial on the same murder charges for a fifth time.’
BBC News, 22nd April 2020
Source: www.bbc.co.uk
Harry Dunn death: diplomatic immunity for Anne Sacoolas ‘illogical’ – The Guardian
‘Britain agreed to let Anne Sacoolas, the driver charged with killing 19-year-old motorcyclist Harry Dunn, return to the US on the basis of an “apparently illogical” interpretation of the law on diplomatic immunity, according to the most senior civil servant at the Foreign Office.’
The Guardian, 22nd April 2020
Source: www.theguardian.com
A disproportionate interference: the Coronavirus Regulations and the ECHR — Francis Hoar – UK Human Rights Blog
‘The ‘lockdown’ imposed by the government to contain the coronavirus and Covid 19, the disease it causes has been enforced mainly through the Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 (‘the Regulations’), imposed under powers delegated by the Public Health (Control of Disease) Act 1984 (‘the 1984 Act’).’
UK Human Rights Blog, 21st April 2020
Source: ukhumanrightsblog.com
