Sports Clubs in the Lurch? Considering the Eligibility of Players for Government’s Furlough Scheme – Littleton Chambers

Posted April 15th, 2020 in chambers articles, coronavirus, employment, news, remuneration by sally

‘The restrictive measures imposed in an attempt to curb the spread of Covid-19 are creating an unprecedented and often existential challenge for businesses across the globe, and sports clubs are no exception. Indeed, given the suspension of almost all sports, sports clubs are amongst the worst hit, as most sources of revenue dry up including (depending on where they fall within the pyramid) ticket sales, subs, and revenue gained from hiring out venues for concerts, conferences and other private events.’

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Littleton Chambers, 6th April 2020

Source: www.littletonchambers.com

Amendments to statements of case and the rule in Henderson v Henderson – Wilberforce Chambers

Posted April 15th, 2020 in case management, chambers articles, civil procedure rules, news, res judicata by sally

‘Is it possible to resist an application to amend on the grounds that the new case could and should have been advanced earlier in the same proceedings?’

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Wilberforce Chambers, 14th April 2020

Source: www.wilberforce.co.uk

Prosecuting Domestic Violence – New Law Journal

Posted April 15th, 2020 in coercive & controlling behaviour, coronavirus, criminal justice, Crown Prosecution Service, domestic violence, mental health, news, prosecutions, public interest, victims by sally

‘On Saturday 15 February, Caroline Flack’s tragic death became widespread news across the country. Having been charged with common assault of her boyfriend, Lewis Burton, she pleaded not guilty on 23 December last year and was due to face trial on 4 March. On the same day that she took her life, a statement from Ms Flack’s management strongly criticised the Crown Prosecution Servce (CPS) for pursuing the case, citing its knowledge of her vulnerability and the lack of support from the alleged victim.’

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New Law Journal, 26th March 2020

Source: www.newlawjournal.co.uk

Implications of Coronavirus for UK Spouse Visas – Richmond Chambers

Posted April 15th, 2020 in chambers articles, coronavirus, families, immigration, marriage, married persons, news, visas by sally

‘The Coronavirus and Covid-19 disease are causing a devastating effect across the world. The situation can be especially stressful for individuals who are separated from family members or for those who are worried that their partner may be separated from them if an application to remain in the UK is refused. In this post we will look at some of the key issues that individuals applying to remain with spouses and partners might need to consider in the coming months.’

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Richmond Chamber, 7th April 2020

Source: immigrationbarrister.co.uk

Police Powers Under the 2020 Coronavirus Act by Stephen Wood QC – Broadway House Chambers

Posted April 15th, 2020 in chambers articles, coronavirus, emergency powers, enforcement, news, police, statutory interpretation by sally

‘A woman is arrested for loitering at a railway station and ‘prosecuted’ under the Coronavirus Act 2020. The prosecution do not oppose her appeal against conviction to the Crown Court on the basis that she had been prosecuted for an offence not known in law.’

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Broadway House Chambers, 14th April 2020

Source: broadwayhouse.co.uk

Virtual Hearings from a Practitioner’s Perspective – 23 Essex Street

Posted April 15th, 2020 in appeals, barristers, chambers articles, coronavirus, courts, live link evidence, news by sally

‘Arnold Ayoo shares some observations and tips following his first online hearing, a High Court Appeal before Freedman J.’

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23 Essex Street, 14th April 2020

Source: www.23es.com

The Coronavirus Job Retention Scheme – An Overview – Doughty Street Chambers

Posted April 15th, 2020 in chambers articles, coronavirus, employment, HM Revenue & Customs, news, remuneration by sally

‘On 20th March 2020, HMRC announced that it would set up the Coronavirus Job Retention Scheme. The purpose of the scheme is to prevent mass redundancies and unemployment in the wake of the global coronavirus pandemic. On 26th March 2020, HMRC published further guidance on the scheme. The guidance was then updated on 4th April 2020 and again on 9th April 2020.’

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Doughty Street Chambers, 14th April 2020

Source: insights.doughtystreet.co.uk

COVID-19, the self-employed and the Bar – a wobbly scheme? – Doughty Street Chambers

Posted April 15th, 2020 in barristers, chambers articles, coronavirus, employment, HM Revenue & Customs, legal profession, news, remuneration by sally

‘The Government approved a package of measures targeting the self-employed in response to the Covid-19 crisis. But are these measures sufficient and will they adequately safeguard members of the self-employed Bar, lower paid employees and workers in the gig economy and see sets of Chambers through the crisis? Doughty Street’s employment law team is available to advise on any employment issues that may arise in relation to employment status, sham self-employment agreements and the government’s financial assistance packages in the wake of Covid-19.’

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Doughty Street Chambers, 10th April 2020

Source: insights.doughtystreet.co.uk

Coronavirus (COVID-19)—Changes to the Care Act 2014 – 39 Essex Chambers

Posted April 15th, 2020 in chambers articles, coronavirus, duty of care, easements, hospitals, local government, mental health, news by sally

‘Siân Davies, barrister at 39 Essex Chambers, discusses the Care Act easements, provided for under the Coronavirus Act 2020. She examines the guidance for local authorities on when it is appropriate to use the Care Act easements, emphasises the information that should be given to those being assessed and debates what changes to safeguarding policies may occur during the relaxation period. She also analyses the relationship between the Care Act easements guidance and the Hospital Discharge Service Requirements.’

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39 Essex Chambers, 7th April 2020

Source: www.39essex.com

Chris Packham to seek permission to appeal dismissal of HS2 challenge – Local Government Lawyer

Posted April 15th, 2020 in appeals, climate change, environmental protection, government departments, judicial review, news, planning, transport by sally

‘Broadcaster Chris Packham is to seek permission to appeal a Divisional Court ruling that dismissed his review challenge over the Transport Secretary’s decision to continue with the HS2 rail project.’

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Local Government Lawyer, 14th April 2020

Source: www.localgovernmentlawyer.co.uk

Serious sexual offences involving Medical professionals: Catherine Silverton shares 18 years’ of trial experience – Park Square Barristers

Posted April 15th, 2020 in chambers articles, disclosure, doctors, internet, juries, news, nurses, sexual offences, victims by sally

‘Sexual allegations can be distinguished from criminal allegations of other types by virtue of often being prosecuted purely on the basis of one person’s word. There are invariably no witnesses to the interaction between the Complainant and Defendant during which the alleged offence is said to have been committed. There is very rarely any physical or scientific evidence capable of proving or refuting the allegation. No circumstantial evidence. No technological evidence. Sexual allegations are increasingly made weeks, months or even years after the alleged event, by which time delay has frayed memories on all sides which leaves nothing but word against word.’

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Park Square Barristers, 7th April 2020

Source: www.parksquarebarristers.co.uk

Man wrongly convicted under coronavirus law, Met police admit – The Guardian

Posted April 15th, 2020 in coronavirus, emergency powers, enforcement, fines, news, police, statutory interpretation, wrongful arrest by sally

‘A 21-year-old man has been wrongly convicted under coronavirus laws, the Metropolitan police have admitted, as concerns grow over the use of emergency powers.’

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The Guardian, 14th April 2020

Source: www.theguardian.com

Making Remote Hearings Work – St John’s Chambers

Posted April 15th, 2020 in case management, chambers articles, coronavirus, courts, live link evidence, news, remote hearings by sally

‘A broad experience is building up among advocates with the use of remote hearings. Although many courts are still using telephone links (and for many litigants who do not have access to more sophisticated technology, this will remain the default medium) the use of video links is becoming more of a normal experience.’

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St John's Chambers, 8th April 2020

Source: www.stjohnschambers.co.uk

Family President to hold two-week rapid consultation on use of remote hearings in family justice – Local Government Lawyer

Posted April 15th, 2020 in consultations, coronavirus, families, family courts, live link evidence, news, remote hearings by sally

‘The President of the Family Division, Sir Andrew McFarlane, has launched a two-week rapid consultation on the use of remote hearings in the family justice system.’

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Local Government Lawyer, 14th April 2020

Source: www.localgovernmentlawyer.co.uk

Interim Separation During Proceedings – Becket Chambers

Posted April 15th, 2020 in appeals, care orders, chambers articles, children, deceit, domestic violence, families, local government, news by sally

‘We have all experienced cases, especially when representing a young mother who has been placed with the child, often a first child and a baby, in a mother and baby foster placement and that placement has broken down for a variety of different reasons.’

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Becket Chambers, 9th April 2020

Source: becket-chambers.co.uk

Warning over fall-out from witness statement crackdown – Litigation Futures

Posted April 15th, 2020 in barristers, costs, drafting, negligence, news, pre-action conduct, professional conduct, solicitors, witnesses by sally

‘A judicial crackdown on overlong witness statements puts lawyers at risk of wasted costs orders and professional negligence claims, a barrister has warned.’

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Litigation Futures, 9th April 2020

Source: www.litigationfutures.com

Councils face legal action over access to education during lockdown – Local Government Lawyer

Posted April 15th, 2020 in children, computer programs, education, equality, local government, news, school children by sally

‘The Good Law Project is to take legal action against councils over access to education by children from low income families during the lockdown.’

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Local Government Lawyer, 9th April 2020

Source: www.localgovernmentlawyer.co.uk

El Gizouli: Mutual Legal Assistance Meets Data Protection – Oxford Human Rights Hub

Posted April 15th, 2020 in data protection, death penalty, disclosure, execution, foreign jurisdictions, government departments, human rights, judicial review, news, Supreme Court by sally

‘On 25 March 2020, the UK Supreme Court issued R (El Gizouli) v Secretary of State for the Home Department [2020] UKSC 10. Due to the COVID-19 global pandemic, this was the court’s first judgment to be handed down remotely. It confirmed the importance of data protection laws to international transfers of personal information for law enforcement purposes and may have even broader ramifications.’

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Oxford Human Rights Hub, 13th April 2020

Source: ohrh.law.ox.ac.uk

Court overturns £39k order against solicitor for unpaid medical fees – Law Society’s Gazette

Posted April 15th, 2020 in appeals, damages, expert witnesses, fees, news, solicitors by sally

‘A law firm owner has successfully challenged a court order to pay a personal injury diagnosis provider around £39,000 for unpaid fees.’

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Law Society's Gazette, 14th April 2020

Source: www.lawgazette.co.uk

A word on Covid- 19, the use of arbitration and the Expansion of the Children’s Arbitration Scheme to include Relocation of Children – Family Law Week

Posted April 15th, 2020 in arbitration, children, coronavirus, families, family courts, foreign jurisdictions, news by sally

‘On the 6th April 2020 the much talked about expansion of the children arbitration scheme came into effect. This is a significant change to the now well established scheme launched in 2016. The scheme has had amendments to its rules along the way but until now, it has not received an extension of its scope. In summary, the scope of scheme has been expanded to include both temporary and permanent relocation of children to foreign jurisdictions that fall within article 2.2(c) below. This development could not be timelier, serving to reinforce arbitration as a strong and worthy contender to litigation.’

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Family Law Week, 14th April 2020

Source: www.familylawweek.co.uk