Current Awareness – Page 898 – Legal News selected by the Inner Temple Library

Coronavirus & Arbitration: Institutional Responses, Challenges and Practical Tips (Part One) – 39 Essex Chambers

Posted April 23rd, 2020 in arbitration, chambers articles, coronavirus, dispute resolution, live link evidence, news by sally

‘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

Posted April 23rd, 2020 in arbitration, chambers articles, coronavirus, dispute resolution, news, remote hearings by sally

‘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

Posted April 23rd, 2020 in chambers articles, coronavirus, Court of Protection, courts, family courts, live link evidence, news, remote hearings by sally

‘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

Posted April 23rd, 2020 in chambers articles, company law, contracts, news by sally

‘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

Vaccination of Children in Care – St Philips Chambers

Posted April 23rd, 2020 in care orders, chambers articles, children, consent, duty of care, families, local government, medical treatment, news, parental rights, vaccination by sally

‘In the coming weeks and months, we are likely to be hearing more and more about a vaccine against coronavirus, and possible pressure and expectations to relax the regulations and timescales around trialling it. Parents are likely to be asked to consider and consent to a vaccine that they may have reservations about. Of course, we currently live in a country where recommended vaccinations are not mandatory, but require parents’ consent. It is not inconceivable that England & Wales will move to effectively requiring mandatory vaccination in order to access other services such as schools and nurseries. Pause for a minute and think of the implications for local authorities and foster placements.’

St Philips Chambers, 14th April 2020

Source: st-philips.com

Covid19, Force Majeure and Frustration – Thomas More Chambers

Posted April 23rd, 2020 in chambers articles, contracts, coronavirus, news by sally

‘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

Young barristers spell out pandemic’s devastating financial toll – Legal Futures

Posted April 23rd, 2020 in barristers, coronavirus, criminal justice, legal aid, news, remuneration, self-employment by sally

‘Young barristers are being especially badly hit by the coronavirus crisis and they are unlikely to get much help from the government’s self-employment income support scheme (SEISS).’

Legal Futures, 23rd April 2020

Source: www.legalfutures.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted April 23rd, 2020 in legislation by sally

The Offshore Petroleum Production and Pipe-lines (Assessment of Environmental Effects) (Coronavirus) (Amendment) Regulations 2020

The Health Protection (Coronavirus, Restrictions) (England) (Amendment) Regulations 2020

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted April 23rd, 2020 in law reports by sally

Court of Appeal (Civil Division)

The Union Castle Mail Steamship Company Ltd v HM Revenue and Customs & Ors [2020] EWCA Civ 547 (22 April 2020)

High Court (Administrative Court)

Gassa & Anor, R (on the application of) v Richmond Independent Appeals Service & Anor [2020] EWHC 957 (Admin) (22 April 2020)

Spitfire Bespoke Homes Ltd v Secretary of State for Housing Communities And Local Government [2020] EWHC 958 (Admin) (22 April 2020)

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)

National Bank of Kazakhstan the Republic of Kazakhstan v The Bank of New York Mellon SA/NV London & Ors [2020] EWHC 916 (Comm) (22 April 2020)

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

Posted April 23rd, 2020 in bereavement, confidentiality, data protection, families, medical records, news by sally

‘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

Posted April 23rd, 2020 in age discrimination, coronavirus, elderly, freedom of movement, human rights, news by sally

‘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

Posted April 23rd, 2020 in murder, news, trials by sally

‘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

Posted April 23rd, 2020 in accidents, dangerous driving, diplomats, government departments, immunity, interpretation, judicial review, news, road traffic offences, select committees, unlawful killing by sally

‘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

Posted April 22nd, 2020 in coronavirus, emergency powers, government departments, human rights, news, proportionality, statutory interpretation by sally

‘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

Coronavirus Act 2020 and the powers of the government to manage individuals infected with Covid-19: How will it affect those who fall ill? (UPDATE) – 3PB

Posted April 22nd, 2020 in chambers articles, coronavirus, emergency powers, enforcement, government departments, news by sally

‘The Coronavirus Act 2020 (“the Act”) came into force on 25th March 2020. Among other things, the Act confers powers on public health officers, constables, and immigration officers to enable them to manage potentially infectious persons during the Covid-19 crisis. Schedule 21 of the Act contains provisions that enable the relevant officials to exercise their powers in respect of individuals in England, Wales and Scotland. This article will only focus on Part 2 of Schedule 21, which pertains to the powers of the government in England.’

3PB, 17th April 2020

Source: www.3pb.co.uk

The Health Protection (Coronavirus Restrictions) Regulations 2020 – Pump Court Chambers

Posted April 22nd, 2020 in chambers articles, coronavirus, emergency powers, health, news, statutory interpretation by sally

‘Justin Gau introduces us to The Health Protection (Coronavirus Restrictions) Regulations 2020. The regulations were introduced as a response to the serious and imminent threat to public health posed by the Coronavirus. In accordance with section 45R of the Public Health (Control of Disease) Act 1984, the Secretary of State was of the opinion that, by reason of urgency, it was necessary to make this statutory instrument without a draft having been laid before, and approved by each House of Parliament.’

Pump Court Chambers, 17th April 2020

Source: www.pumpcourtchambers.com

Covid-19 and homelessness applications – Doughty Street Chambers

Posted April 22nd, 2020 in chambers articles, coronavirus, homelessness, housing, local government, news by sally

‘The onset of Covid-19 gave rise to a massive effort to provide health care services and accommodation for homeless persons. This includes not just those people who are rough sleeping, but also those otherwise at risk without a home, such as those living in hostels and B&B accommodation. A range of organisations have assisted in this process, from medical health professionals to local authorities, who have procured empty hotels and other spaces for homeless persons to self-isolate as well as acted on the government’s guidance to keep temporary accommodation open.’

Doughty Street Chambers, 17th April 2020

Source: insights.doughtystreet.co.uk

Court hearings via video ‘risk unfairness for disabled people’ – The Guardian

Posted April 22nd, 2020 in coronavirus, courts, disability discrimination, disabled persons, equality, learning difficulties, live link evidence, news, remote hearings by sally

‘Remote video trials could disadvantage people with learning disabilities, the equalities watchdog has warned, as courts switch to online hearings during the coronavirus crisis.’

The Guardian, 22nd April 2020

Source: www.theguardian.com

To Me, To You: Offsetting Costs and QOCS Are Compatible, For Now. Siu Lai Ho V Seyi Adelekun [2020] EWCA Civ 517 – Parklane Plowden

Posted April 22nd, 2020 in appeals, chambers articles, civil procedure rules, costs, news, personal injuries by sally

‘The original dispute pertained to a claim (issued by the Respondent in these proceedings) which started under, and then exited, the Low Value Personal Injury Claims in Road Traffic Accidents Protocol. On the first visit to the Court of Appeal, the issue was whether the Appellant’s (the Defendant in the original dispute) cost liability in respect of the ex-portal claim was limited to fixed costs. The Court of Appeal held that the fixed costs regime for which Section IIIA of CPR Part 45 provides was applicable and the parties had not contracted out of fixed costs. Absent any application by the Respondent pursuant to CPR 45.29J for a higher amount by reason of “exceptional circumstances”, the Respondent was thus entitled to £16,705.15 in respect of her costs of the claim. Resultingly, both parties had cost liabilities: the Appellant in regards to the ex-portal claim, and the Respondent in respect of the appeal.’

Parklane Plowden, 17th April 2020

Source: www.parklaneplowden.co.uk

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