Have you unjustly refused to mediate – 33 Bedford Row
‘If a party is a signatory to a pre-existing dispute clause, that will normally be binding upon them save for specific circumstances outside the scope of this article. Our present focus is where disputants are not bound to mediate, but one side proposes mediation.’
33 Bedford Row, April 2020
Source: www.33bedfordrow.co.uk
Fisheries Bill 2020: What Does it have in Stock? – UK Human Rights Blog
‘The Fisheries Bill 2020, part of the government’s core legislative program on post-Brexit environmental policy, is currently in the House of Lords at committee stage, and is expected to receive royal assent in the coming months (although exactly when is subject to how successfully the House of Lords can adapt to meeting via Microsoft Teams). It would establish Britain’s departure from the Common Fisheries Policy (CFP) on January 1st 2021, and sets out how fishing rights would work post transition period and CFP.’
UK Human Rights Blog, 21st April 2020
Source: ukhumanrightsblog.com
The impact of Coronavirus, part 5: the Coronavirus Act 2020 – 6KBW College Hill
‘As Hippocrates remarked at the height of the Plague of Athens in 430BC, desperate times call for desperate measures. The deadly coronavirus has brought forth desperate measures almost everywhere, and the keystone of this country’s response to the crisis is the Coronavirus Act 2020. This post focusses on some key aspects of it, asking how the new offences relating to “potentially infectious” persons are defined and whether the Act as a whole is necessary.’
6KBW College Hill, 16th April 2020
Source: blog.6kbw.com
Tommy Robinson accused Syrian teen of attacking girl, judge finds – The Guardian
‘Online comments made by the far right activist Tommy Robinson about a Syrian teenager amounted to accusations that the young refugee had “participated in a violent assault on a young girl” and “threatened to stab another child”, a judge has ruled.’
The Guardian, 21st April 2020
Source: www.theguardian.com
BAILII: Recent Decisions
Court of Appeal (Civil Division)
High Court (Chancery Division)
Homes for England v Nick Sellman (Holdings) Ltd & Anor [2020] EWHC 936 (Ch) (21 April 2020)
Green & Ors v Hurst [2020] EWHC 937 (Ch) (21 April 2020)
T & P Real Estate Ltd v London Borough of Sutton [2020] EWHC 879 (Ch) (21 April 2020)
High Court (Commercial Court)
Province of Balochistan v Tethyan Copper Company PTY Ltd [2020] EWHC 938 (Comm) (21 April 2020)
UK Acorn Finance Ltd v Markel (UK) Ltd [2020] EWHC 922 (Comm) (21 April 2020)
High Court (Queen’s Bench Division)
BVG v LAR [2020] EWHC 931 (QB) (21 April 2020)
Hijazi v Yaxley-Lennon [2020] EWHC 934 (QB) (21 April 2020)
High Court (Technology and Construction Court)
Muncipio De Mariana & Ors v BHP Group Plc [2020] EWHC 928 (TCC) (20 April 2020)
Source: www.bailii.org
Whiplash reforms delayed until April 2021 – Legal Futures
‘The whiplash reforms have been delayed until April 2021 due to the coronavirus crisis, the Lord Chancellor announced today.’
Legal Futures, 21st April 2020
Source: www.legalfutures.co.uk
Coronavirus: Custody fight parents told not to exploit lockdown – BBC News
‘Separated couples exploiting the Covid-19 lockdown to stop an ex-partner from seeing their child could face court action, says a senior judge.’
BBC News, 21st April 2020
Source: www.bbc.co.uk
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”).[1] It is the Direction which finally provides a basis in law for the Scheme and to which close attention should now be paid.’
11KBW, 20th April 2020
Source: www.11kbw.com
UK ad watchdog bans claims that IV drips can treat coronavirus – The Guardian
‘The advertising watchdog has cracked down on three companies for implying they could provide immune-boosting IV drips that could prevent or treat coronavirus.’
The Guardian, 22nd April 2020
Source: www.theguardian.com
‘Light Touch’ Administration as a Rescue Tool – 3 Hare Court
‘On the 28 March 2020, the Department for Business, Energy, and Industrial Strategy announced a series of insolvency legislation reforms including a new court based restructing tool modelled on the Scheme of Arrangement and a short business moratorium to protect companies facing the prospect of insolvency as a result of the Covid-19 crisis.’
3 Hare Court, 20th April 2020
Source: www.3harecourt.com
Use of the Government’s coronavirus job retention scheme by companies in administration: Re Carluccio’s Limited [2020] EWHC 886 (Ch) – Radcliffe Chambers
‘In a judgment handed down on Monday 13th April 2020 in Re Carluccio’s Limited (in administration) [2020] EWHC 886 (Ch), Snowden J considered the application of the Government’s Coronavirus Job Retention Scheme in administrations both as a matter of principle and in respect of the logistics and practicalities involved for office holders. Matthew Weaver considers the judgment and its implications in this briefing.’
Radcliffe Chambers, 16th April 2020
Source: radcliffechambers.com
Covid-19 and the immigration tribunals: a working guide for representatives – 1MCB Chambers
‘The guide provides an overview of some of the key challenges, as well as practical advice for making applications and submissions within the new procedural framework. Summaries of applicable case law and links to guidance and additional resources are also included.’
1MCB Chambers, April 2020
Source: 1mcb.com
The Impact of Coronavirus on Winding Up Petitions – 3 Hare Court
‘Coronavirus has affected both the functioning of businesses and the Courts. In these unprecedented times, how are the Courts dealing with the hearings of winding up petitions?’
3 Hare Court, 14th April 2020
Source: www.3harecourt.com
Covid-19: FAQs on electronic signatures and e-signing – The 36 Group
‘An electronic signature is data in electronic form which is attached to or logically associated with other data in electronic form, and which is used by a signatory to sign.’
The 36 Group, 15th April 2020
Source: 36group.co.uk
Litigation funding: a new reality post-Chapelgate – Six Pump Court
‘The new reality for litigation funders in the courts in England & Wales is that they must be prepared to pay a defendant’s costs in full if the funded claimant loses.’
Six Pump Court, 17th April 2020
Source: www.6pumpcourt.co.uk
Met police face legal action over death of PC Keith Palmer – The Guardian
‘The Metropolitan police are facing legal action over the death of PC Keith Palmer, murdered during a terrorist attack on parliament.’
The Guardian, 20th April 2020
Source: www.theguardian.com
Judge demands “level playing field” on recording medical examinations – Litigation Futures
‘The High Court has insisted that there must be a “level playing field” when it comes to recording medical examinations.’
Litigation Futures, 21st April 2020
Source: www.litigationfutures.com
Witnessing an Execution: What Does s1 of the Law of Property (Miscellaneous Provisions) Act 1989 Require Today? – Falcon Chambers
‘There have been two recent thought-provoking articles on whether documents which require a signature to be witnessed (that is, wills and deeds) can be witnessed either “virtually” in real-time (with attestation[1] by the witness on a separate counterpart simultaneously, with the execution being observed online) or after the event (with the execution being witnessed online, and the document then being posted to and subsequently attested by the witness).’
Falcon Chambers, April 2020
Source: www.falcon-chambers.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
