BAILII: Recent Decisions
High Court (Administrative Court)
High Court (Chancery Division)
Debenhams Retail Ltd, Re [2020] EWHC 921 (Ch) (17 April 2020)
High Court (Commercial Court)
Manchester Shipping Ltd v Balfour Shipping Ltd & Anor [2020] EWHC 915 (Comm) (17 April 2020)
High Court (Queen’s Bench Divis
Mitrasinovic v Stroud [2020] EWHC 914 (QB) (17 April 2020)
Harris v Bartrums Haulage and Storage Ltd & Anor [2020] EWHC 900 (QB) (17 April 2020)
GML International Ltd & Ors v Harfield [2020] EWHC 909 (QB) (17 April 2020)
Source: www.bailii.org
Noise Induced hearing loss: De minimis, the better hearing ear and acceleration injuries – Parklane Plowden
‘This article will discuss the first instance decision of DJ Adams in the case of French v Secretary of State for Business, Energy and Industrial Strategy heard in Newcastle County Court on noise-induced hearing loss.’
Parklane Plowden, 1st April 2020
Source: www.parklaneplowden.co.uk
Stay at Home – Housing Law in the Coronavirus Pandemic – Pump Court Chambers
‘In a time when we are all being urged to stay in our homes it seems appropriate to consider the recent changes to Housing Law in light of the Coronavirus pandemic. This article will consider the Coronavirus Act 2020, Practice Direction 51Z and the Guidance document issued by the Ministry of Housing, Communities and Local Government (‘Guidance’).’
Pump Court Chambers, 7th April 2020
Source: www.pumpcourtchambers.com
SRA: Legal Services Act regime “struggling to remain relevant” – Legal Futures
‘The rate of change in the legal market makes it “increasingly difficult” for the regulatory framework laid down by the Legal Services Act to remain relevant, the Solicitors Regulation Authority (SRA) has warned.’
Legal Futures, 20th April 2020
Source: www.legalfutures.co.uk
Lasting Powers of Attorney – Family Law
‘LPAs are crucially important documents which, like Wills, everyone should consider putting in place. They have become increasingly popular since their introduction in 2007.
It is often thought that LPAs are ‘for the elderly’ or ‘only needed if you have lost mental capacity’. However, they can, in fact, be helpful in a wide range of circumstances, not only if one has lost mental capacity and, in any event, it is important to think about LPAs before the point of loss of capacity.’
Family Law, 16th April 2020
Source: www.familylaw.co.uk
The essential contents of a furlough letter/email/agreement – 3PB
‘If you are reading this article with alacrity, chances are you are in charge of a business contemplating adoption of the Government’s Coronavirus Job Retention Scheme (the Scheme) in preference to laying-off or making redundant some or all of your workforce; that, or you will be looking to advise such people on what to include within a furlough letter.’
3PB, 7th April 2020
Source: www.3pb.co.uk
The Coronavirus Job Retention Scheme – Pump Court Chambers
‘The Coronavirus Job Retention Scheme (“the Scheme”) was announced by the government on 20th March 2020.’
Pump Court Chambers, 4th April 2020
Source: www.pumpcourtchambers.com
University College London Hospitals Foundation Trust v MB [2020] EWHC 882 (QB): the unintended consequences of the stay of possession claims under Practice Direction 51Z – Falcon Chambers
‘Practice Direction 51Z was hastily brought into force on Friday 27 March 2020, after the Prime Minister’s televised instructions to the nation on the evening of Monday 23 March 2020 that everyone should stay at home in order to beat coronavirus. Practice Direction 51Z imposed a three-month stay on all Part 55 possession proceedings, which ensures that those who were facing the possibility of eviction from their home have some protection during the crisis. However, since the Practice Direction came into force, property practitioners have been grappling with the possibly unintended consequences that come from its very wide scope. This has been brought into sharp focus by the recent case of University College London Hospitals Foundation Trust v MB [2020] EWHC 882 (QB), in which PD51Z prevented an NHS Trust from obtaining a possession order to facilitate the discharge of a patient from hospital, in circumstances where her bed was needed for critically ill-patients, she was medically fit for discharge, and indeed she would be at less risk of infection from COVID-19 if out of the hospital. As this article explains, the NHS Trust in the UCLH case was able to obtain the relief it needed by the alternative route of an injunction, but the case nevertheless highlights that PD51Z may need to be revisited.’
Falcon Chambers, 15th April 2020
Source: www.falcon-chambers.com
Fully remote jury test a ‘success for open justice’ – Law Society’s Gazette
‘Campaign group Justice has run an experimental fully remote jury trial to test whether it could be a fair alternative to face-to-face hearings during the coronavirus lockdown.’
Law Society's Gazette, 20th April 2020
Source: www.lawgazette.co.uk
Civil Procedure, Human Rights and the Coronavirus (Part 2) – Blackstone Chambers
‘The first article in this mini-series addressed the current position taken by Courts, Tribunals and other relevant bodies and key issues for litigators. Following the present article, the final instalment will be entitled “Civil Procedure, Litigation and the Coronavirus”.’
Blackstone Chambers, 23rd March 2020
Frustration, Force Majeure and Covid-19 – Hardwicke Chambers
‘Frustration and force majeure are legal concepts very much to the fore during the Covid-19 pandemic. John de Waal QC and Tom Bell review how they apply to the current coronavirus situation.’
Hardwicke Chambers, 14th April 2020
Source: hardwicke.co.uk
DVSA told to act after Attleborough man killed by lorry – BBC News
‘A coroner has called for changes to HGV training after an 82-year-old pedestrian was hit and killed while standing in a driver’s blind spot.’
BBC News, 19th April 2020
Source: www.bbc.co.uk
The implied term of trust and confidence & the Coronavirus Job Retention Scheme – Old Square Chambers
‘The Coronavirus Job Retention Scheme (“the Scheme”) is a grant that, for those eligible, covers 80% of the usual monthly wage costs up to a ceiling of £2,500 per month plus associated employer NICs and employer pension contributions paid on the furlough pay up to the level of the minimum automatic enrolment employer contribution. Employees can be on any type of employment contract, including full-time, part-time, agency, flexible or zero-hour contracts. Foreign nationals are also eligible to be furloughed.’
Old Square Chambers, 14th April 2020
Source: www.oldsquare.co.uk
Charterparty Indemnity Clauses and Injunctive Relief – 33 Bedford Row
‘The case concerned the interpretation of an indemnity clause in an amended Shellvoy6 form Charterparty and whether the Claimant time charterers should be granted injunctive relief, in the form of security to be provided by the Defendant voyage charterers, so as to enable release of the MT “Miracle Hope” (the “Vessel”), which was under arrest in Singapore.’
33 Bedford Row, 7th April 2020
Source: www.33bedfordrow.co.uk
Union seeks legal immunity for NHS medics in pandemic – The Guardian
‘The NHS could be faced with billions of pounds of medical negligence claims if it does not grant some form of legal immunity to medics risking their lives during the pandemic, the government has been warned. The Medical Defence Union (MDU), which provides legal support to around 200,000 doctors, nurses, dentists and other healthcare workers, is calling for a debate over the need for emergency legislation.’
The Guardian, 19th April 2020
Source: www.theguardian.com
Case Comment by Nathan Davis – Pwr and others v Director of Public Prosecutions [2020] EWHC 798 (Admin) – is an offence under section 13(1) Terrorism Act 2000 a strict liability offence? – Park Square Barristers
‘Pwr and others v Director of Public Prosecutions [2020] EWHC 798 (Admin) – is an offence under section 13(1) Terrorism Act 2000 a strict liability offence?’
Park Square Barristers, 9th April 2020
Source: www.parksquarebarristers.co.uk
Coronavirus: Police fine three Londoners over 250-mile camping trip to Wales during lockdown – The Independent
‘Police in Wales have fined a group of Londoners who were caught camping around 250 miles from the capital during the lockdown.’
The Independent, 19th April 2020
Source: www.independent.co.uk
The impact of Coronavirus, part 3: the emergency criminal offences – 6KBW College Hill
‘The current pandemic has led to a flood of emergency legislation. This post deals with The Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 (SI 2020 No. 350) made under the Public Health (Control of Disease) Act 1984, which supplement the Coronavirus Act 2020. The Regulations are, as is now trite, the strictest control on peacetime life in the modern history of the United Kingdom, and they set out the limits of the “lockdown” and how it is to be enforced. This post aims to set out how the Regulations apply to individuals, and provide some analysis of their contents.’
6KBW College Hill, 6th April 2020
Source: blog.6kbw.com
