Supreme Court to rule on ‘paedophile hunters’ case – BBC News
‘A convicted paedophile who was snared by a vigilante group is to have his case examined at the UK Supreme Court.’
BBC News, 3rd June 2020
Source: www.bbc.co.uk
A case law update- a selection of the non-COVID-19 cases published during the pandemic – St Ives Chambers
‘The Covid-19 pandemic has produced a number of new cases which tie together the guidance produced by the senior judiciary and are essential reading for all practitioners in this new world of remote working.’
St Ives Chambers, 27th May 2020
Source: www.stiveschambers.co.uk
Who Is Exempt from the 14 Day Coronavirus Quarantine Period? – Richmond Chambers
‘As part of the public health measures to guard against a second wave of coronavirus infection, from 8 June 2020, most travellers to the UK, including British citizens, will be required to spend 14 days in self-isolation. A breach of self-isolation will be punishable with a £1,000 fixed penalty notice in England or potential prosecution and unlimited fine. But who is exempt from the 14 day coronavirus quarantine period?’
Richmond Chambers, 26th May 2020
Source: immigrationbarrister.co.uk
Parents fight in court over whether children should return to school in England – The Guardian
‘Separating parents are fighting each other through the courts over whether their children should return to school as lockdown is eased, a leading family lawyer has revealed.’
The Guardian, 2nd June 2020
Source: www.theguardian.com
Fatal Accident Claims by Jayne Adams QC – Ropewalk Chambers
‘The area of fatal accident claims is a wide one and, on occasion, a very complicated one. This handout and indeed the lecture which it accompanies is not intended to cover every aspect of such claims. To do so would take too much time and would, in any event, fail to cover every eventuality.’
Ropewalk Chambers, 19th May 2020
Source: www.ropewalk.co.uk
Lockdown rules: what is allowed in England, Scotland, Wales and Northern Ireland – The Guardian
‘The latest coronavirus rules, from Monday 1 June, are plentiful and complicated. This is your ultimate guide.’
The Guardian, 3rd June 2020
Source: www.theguardian.com
Identifying and dealing with difficult issues in NIHL cases – Parklane Plowden Chambers
‘The diagnosis and quantification of NIHL is affected by innumerable confounding factors, which include:
(i) Constitutional issues, such as unrelated third pathologies, which can
‘replicate’ the pattern of threshold elevation as appears in NIHL cases;
(ii) Personal susceptibility to hearing damage: ‘soft and hard ears’;
(iii) The actual threshold at birth or before noise exposure, which means assumptions must be made regarding the extent of any allegedly raised threshold;
(iv) Age. Particularly how the effects of age are to be calculated and the assumptions which are valid in arriving at an approved or reliable AAHL table of estimates’
Parklane Plowden Chambers, 22nd May 2020
Source: www.parklaneplowden.co.uk
BAILII: Recent Decisions
Court of Appeal (Civil Division)
High Court (Administrative Court)
Junior Glasgow, Re review of the tariff [2020] EWHC 1389 (Admin) (02 June 2020)
High Court (Chancery Division)
A Company (Injunction To Restrain Presentation of Petition) [2020] EWHC 1406 (Ch) (02 June 2020)
High Court (Queen’s Bench Division)
Croydon London Borough Council v Kalonga [2020] EWHC 1353 (QB) (02 June 2020)
Source: www.bailii.org
R v Bartell [2020] EWCA Crim 625 – Exceptional circumstances test within the Firearms Act 1968 – Broadway House Chambers
‘Stephen Wood QC considers the recent case of R v Bartell [2020] EWCA Crim 625, where judgment was given on the 1st May 2020 in relation to the exceptional circumstances test set out within the Firearms Act 1968 and suggests that this case following R v Nancarrow [2019] 2 Cr. App. R. (S) marks a perceptible hardening of attitude of the Court of Appeal towards a finding of exceptional circumstances by the sentencing Judge.’
Broadway House Chambers, 20th May 2020
Source: broadwayhouse.co.uk
Mitigating Covid-19 – Church Court Chambers
‘The coronavirus pandemic (“Covid-19”) has significantly affected people across the world, in a seemingly indiscriminate fashion, with the devastating impact well publicised. However, one area that has not featured heavily in the mainstream media, is the impact that Covid -19 may have had on the sentencing exercise for Defendants. To that end, as the nation remains in lockdown, are the current conditions in the UK prison system a factor which should be considered by a tribunal when considering the appropriate sentence to impose? This article will outline and discuss the recent decision of the Court of Appeal in the R v Manning [2020] EWCA Crim 592 (“Manning”) and seek to answer that question.’
Church Court Chambers, May 2020
Source: churchcourtchambers.co.uk
Guidance on making staff take holiday during the Coronavirus outbreak – Cloisters
‘In this article, Declan O’Dempsey considers the implications of the Guidance issued by the government on 13 May 2020 on holiday entitlement and pay during coronavirus (Covid-19) and urges employers to use considerable caution in seeking to follow the Guidance ordering workers to take annual leave on dates specified by the employer. Employers who choose to order staff to take holidays on specific dates within the Coronavirus outbreak shut down may face contractual or tribunal claims later. Further, the legal uncertainty may mean that they will face claims for penalising those who assert a right to take annual leave at a non-Covid 19 affected time or who refuse to take the leave as annual leave.’
Cloisters, 19th May 2020
Source: www.cloisters.com
Covid-19 and its effect on contractual obligations – Devereux Chambers
‘The simple effect of the Covid-19 lockdown announced on 23 March 2020 was that life, and business, changed for everyone. People and organisations could no longer do things they had planned or intended to do, and in many instances, difficult decisions had to be made, and some were made hastily, without thinking through the ramifications. As time goes on, many will be faced with the question of whether steps they took, or didn’t take, mean that they are in breach of a contractual obligation; on the other side of the coin, others will be wondering whether they have a remedy for not having received goods or services they expected to on time, or at all.’
Devereux Chambers, 15th May 2020
Source: www.devereuxchambers.co.uk
Lionel Jeffrey Cozens-Smith v Bellway Homes Limited [2019] EWHC 3222 (Ch) – Tanfield Chambers
‘An application for the approval of reserved matters does not amount to a new application for planning permission.’
Tanfield Chambers, 28th May 2020
Source: www.tanfieldchambers.co.uk
Did Dominic Cummings act “Responsibly and Legally”? – Doughty Street Chambers
‘Coronavirus has struck in different ways. As well as the devastation it has reaped in taking people’s lives it has exposed an emasculated criminal justice system and political governance clamouring to justify law and guidance applying differently to those close to power from those outside.’
Doughty Street Chambers, 24th May 2020
Source: insights.doughtystreet.co.uk
The Pendulum Pub Licence Revoked at Summary Review Hearing for Breaking Lockdown Regulations – Francis Taylor Building
‘In one of the first cases of its type, The Pendulum pub in Pendeford, Wolverhampton has had its premises licence revoked in summary review proceedings brought by West Midlands Police for breaking the coronavirus lockdown provisions.’
Francis Taylor Building, 20th May 2020
Source: www.ftbchambers.co.uk
Doctors to file legal challenge to PPE guidance – Garden Court Chambers
‘Two NHS frontline doctors, Dr Meenal Viz and Dr Nishant Joshi, are preparing to file a legal challenge to the Government’s guidance on Personal Protective Equipment (PPE). This guidance, which applies to health care and social care workers, reduces the requirement to wear PPE and allows for re-use of some PPE. The legal challenge will argue that the Government guidance goes against World Health Organisation (WHO) guidance and puts health care and social care workers at risk, breaching their legal protections at work and their human rights.’
Garden Court Chambers, 22nd May 2020
Source: www.gardencourtchambers.co.uk
Leader calls for council to be given more powers to implement local lockdown – Local Government Lawyer
‘The Leader of Brighton & Hove City Council has called for the local authority to be given more powers to implement a local lockdown in the area.’
Local Government Lawyer, 1st June 2020
Source: www.localgovernmentlawyer.co.uk
UK court must decide which leader to recognise in Venezuela gold case – The Guardian
‘A court in London has said that it will need to decide which of Venezuela’s duelling political factions to recognise before ruling on president Nicolas Maduro’s request for the Bank of England to hand over gold the country has in its vaults.’
The Guardian, 28th May 2020
Source: www.theguardian.com
Distinguishing a Crock from a Gater – Hardwicke Chambers
‘[Landlord & Tenant Act 1985] s.27A(6) provides that:
An agreement by the tenant of a dwelling (other than a post-dispute arbitration agreement) is void in so far as it purports to provide for a determination—(a) in a particular manner, or (b) on particular evidence,
of any question which may be the subject of an application under subsection (1) …’
Hardwicke Chambers, 28th May 2020
Source: hardwicke.co.uk
