Coronavirus: Hull man jailed for coughing in police officer’s face – BBC News
‘A man has been jailed for coughing in the face of a police officer and claiming he had coronavirus.’
BBC News, 16th April 2020
Source: www.bbc.co.uk
Present & Post Covid-19 Rent Review disputes & ADR – 33 Bedford Row
‘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.’
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
‘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.’
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
‘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.’
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
‘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.’
The Guardian, 16th April 2020
Source: www.theguardian.com
ADR – Compromise in COVID-19 Lockdown – Pump Court Chambers
‘With the courts shutting their doors to the majority of litigants following the outbreak of Coronavirus, now more than ever parties and their lawyers are turning their minds to alternative dispute resolution (ADR). From virtual mediations to remote ENEs and arbitrations, there are plenty of forms of ADR which can be conducted effectively during this crisis. ADR remains a powerful tool for concluding cases swiftly and at comparatively minimal cost which in this time of economic uncertainty is crucial. In this blog we would look at the different forms of ADR and how to they might continue to operate practically during the lockdown and social distancing measures associated with the pandemic.’
Pump Court Chambers, 14th April 2020
Source: www.pumpcourtchambers.com
BAILII: Recent Decisions
High Court (Family Division)
Maughan v Wilmot [2020] EWHC 885 (Fam) (16 April 2020)
Source: www.bailii.org
Coronavirus: a frustrating situation – Falcon Chambers
‘The UK is currently grappling with what is hoped to be the peak of the Coronavirus crisis. Landlords and tenants have both been hit: government guidance and legislation has prevented many tenants from using premises as they expected, and prevented landlords from forfeiting leases or seeking possession. Both may feel that they are locked into a bargain that they could not have anticipated and want to escape from. But can they?’
Falcon Chambers, April 2020
Source: www.falcon-chambers.com
Cremation under coronavirus restrictions – Law & Religion UK
‘As the coronavirus pandemic progresses, a recent indication of the development of funeral practices was given by The Guardian headline “UK councils begin to ban funeral ceremonies due to coronavirus“. Although dated 4 April, changes were being introduced by Leeds City Council as early as 20 March when it was announced that new funeral bookings (in Leeds) would be “cremation only”’ with no attendees.’
Law & Religion UK, 15th April 2020
Source: www.lawandreligionuk.com
Lawyers versus climate change – the Climate Contract Playbook – Technology Law Update
‘The 2015 Paris Agreement committed governments to reduce their greenhouse gas emissions to keep global warming below 2°C, and drive efforts to limit the rise to 1.5°C. The UK Government has since revised the Climate Change Act 2008 to implement a target to reach net zero emissions by 2050.’
Technology Law Update, 1st April 2020
Source: www.technology-law-blog.co.uk
Government faces legal action over failure to produce guidance on prioritisation of NHS treatment if demand outstrips supply – Local Government Lawyer
‘Disability campaigners have threatened the Secretary of State for Health & Social Care and NHS England with a potential judicial review challenge over the failure to publish guidance on how NHS treatment for COVID-19 will be prioritised if demand outstrips supply.’
Local Government Lawyer, 14th April 2020
Source: www.localgovernmentlawyer.co.uk
Government acted unlawfully in assisting USA to prosecute IS fighter — an extended look – UK Human Rights Blog
‘Since signing the Sixth Protocol to the European Convention in 1999, the UK has refused to extradite or deport persons to countries where they are facing criminal charges that carry the death penalty.’
UK Human Rights Blog, 14th April 2020
Source: ukhumanrightsblog.com
Child arrangement applications during the Coronavirus pandemic: A practical guide – 5SAH
‘The family court have put arrangements in place so that it can continue to process applications for child arrangements during the coronavirus pandemic.’
5SAH, 6th April 2020
Source: www.5sah.co.uk
Crossley & Ors v Volkswagen Aktiengesellschaft (the “VW NOx Emissions Group Litigation”) – Blackstone Chambers
‘The High Court has today handed down judgment in the VW NOx Emissions Group Litigation – the class action arising out of what is often described as the ‘emissions scandal’. Following a two-week trial of two preliminary issues, Mr Justice Waksman has found that the controversial engine software function amounts to a ‘defeat device’ for the purpose of EU law, and that previous findings of the relevant German authorities were binding on the High Court in that respect.’
Blackstone Chambers, 6th April 2020
Source: www.blackstonechambers.com
Judges cannot be expected to undertake their full list remotely: senior members of judiciary warn – Local Government Lawyer
‘All judges and leadership judges need to recognise that doing as much as possible remotely “does not mean, and cannot mean, trying to do everything remotely”, there senior members of the judiciary have warned.’
Local Government Lawyer, 15th April 2020
Source: www.localgovernmentlawyer.co.uk
Managing Enfranchisement Claims during the Coronavirus Pandemic – Falcon Chambers
‘Leasehold enfranchisement and right to manage practitioners are used to dealing with unexpected developments, tight deadlines and strict rules. They ought therefore to be well placed to manage the difficulties presented by the Coronavirus crisis. Nonetheless, the present circumstances are undoubtedly challenging for those acting for landlords or tenants in enfranchisement, lease extension and right to manage matters.’
Falcon Chambers, April 2020
Source: www.falcon-chambers.com
Modification of Leasehold Covenants: The latest decision – Falcon Chambers
‘In its latest decision on the modification of restrictive covenants in leases under s. 84, the Lands Tribunal has refused to modify a use covenant in a long lease prohibiting the use of the demised premises in question as a hotel.’
Falcon Chambers, April 2020
Source: www.falcon-chambers.com
A guide to the future ahead for TUPE and insolvency – Littleton Chambers
‘On Easter Monday, 13 April 2020, the High Court (Snowden J presiding) handed down its judgment in the matter of Carluccio’s Limited (in administration) [2020] EWHC 886 (Ch). To add to the Easter joy, the furlough guidance was amended on 9 April 2020 and the judgment had to embrace the amended guidance. One of the clarifying amendments on 9 April was the confirmation that employees who transfer under TUPE after 28 February 2020 may be placed, or continue, on furlough. This has practical implications in the light of this judgment.’
Littleton Chambers, 14th April 2020
Source: www.littletonchambers.com
Council wins appeal in case where relevant policies of development plan pointed “in different directions” – Local Government Lawyer
‘Cornwall Council has won an appeal over whether its grant of planning permission for new holiday lodges was lawful in a case where relevant policies of the development plan pointed “in different directions”.’
Local Government Lawyer, 15th April 2020
Source: www.localgovernmentlawyer.co.uk
