Coronavirus: Do I have to go back to work after lockdown? – BBC News
‘The government has started easing lockdown restrictions, with more people now encouraged to start returning to work.’
BBC News, 11th May 2020
Source: www.bbc.co.uk
Separation REALLY is the last resort – Garden Court Chambers
‘In this case, the local authority successfully applied for an interim care order as a result of the mother’s longstanding drug addiction (which had led to the need for one leg to be amputated and the use of a wheelchair), her chaotic lifestyle, and domestic abuse concerns. The child was placed with her mother in a residential unit.’
Garden Court Chambers, 27th April 2020
Source: www.gardencourtchambers.co.uk
Jury trials to resume in England and Wales with physical distancing – The Guardian
‘Jury trials will resume under physical distancing restrictions in a limited number of crown courts in England and Wales from 18 May, the lord chief justice has announced.’
The Guardian, 11th May 2020
Source: www.theguardian.com
Chelsea Brooke-Ward and Nathan Davis comment upon the Law Commission’s recommendations for the Employment Tribunal Structure and Jurisdiction – Park Square Barristers
‘Yesterday [30 April] the Law Commission released its Recommendations following The Law Commission’s 13th Programme of Law Reform which included a review of the employment law hearing structures.’
Park Square Barristers, 1st May 2020
Source: www.parksquarebarristers.co.uk
Court of Appeal upholds law firm’s Chinese wall – Legal Futures
‘A law firm acting for different defendants against the same claimant did not owe that claimant a true fiduciary duty, and so did not have to prove its Chinese Wall worked, the Court of Appeal has ruled.’
Legal Futures, 11th May 2020
Source: www.legalfutures.co.uk
‘Join A Union’: Lawyers Warn Right To Refuse To Work Has Limits – Each Other
‘Lawyers are urging people concerned by Boris Johnson’s back-to-work message to join a union and seek legal advice before exercising their right to refuse to work.’
Each Other, 11th May 2020
Source: eachother.org.uk
Meadowside exceptions applied in Balfour Beatty Civil Engineering Limited, Balfour Beatty Group Limited v Astec Projects Limited (In Liquidation) [2020] EWHC 796 (TCC) – Hardwicke Chambers
‘Balfour Beatty brought an application seeking the injunction of three adjudications that was sought by Astec. Astec engaged in three sub-contracts with Balfour Beatty, the main contractor, for various aspects of work to and around Blackfriars Station. The works began in 2010, but in April 2014 Astec went into administration and then liquidation in October 2014. Nothing happened after liquidation, until Astec sent a claim letter on 24th December 2019 and a first notice of adjudication on 24th January 2020.’
Hardwicke Chambers, 4th May 2020
Source: hardwicke.co.uk
Remote Hearings and Witness Evidence – Pump Court Chambers
‘Remote hearings come with particular difficulties. One obvious difficulty is that the parties cannot see each other as well as they might in the courtroom. But how much of a problem is this?’
Pump Court Chambers, 29th April 2020
Source: www.pumpcourtchambers.com
Bereaved families seek ‘justice’ for UK victims of coronavirus – The Guardian
‘Bereaved British families whose relatives died because of Covid-19 have formed a group to campaign for justice, demanding that the government accepts its failures may have contributed to their deaths.’
The Guardian, 11th May 2020
Source: www.theguardian.com
Chief Coroner’s Guidance Number 37, Covid – 19 deaths and possible exposure in the workplace. When should a coroner open an investigation? – Park Square Barristers
‘An inquest can sometimes present the only opportunity for a family to ask questions about the circumstances leading to the death of a relative. It can also form an important part of the investigation into a potential claim for personal injury causing death. In relation to deaths arising from Covid – 19 those claims are likely to come from families of employees who have died following exposure to Covid – 19 in the workplace. This article reviews the Chief Coroner’s Guidance Number 37 (CCG 37) dated 28 April 2020 and the Notification of Death Regulations 2019 in considering when a coroner’s investigation should be opened in respect of a Covid – 19 death where possible exposure was in the workplace.’
Park Square Barristers, 29th April 2020
Source: www.parksquarebarristers.co.uk
Disabled claimant to challenge NHS England guidance restricting hospital visitors – Local Government Lawyer
‘A disabled woman has sent a pre-action protocol letter to NHS England over its “Visitor guidance”, which imposes restrictions on those entering hospitals.’
Local Government Lawyer, 11th May 2020
Source: www.localgovernmentlawyer.co.uk
Court issues guidance on e-bundles for short applications – Litigation Futures
‘Counsel presenting short applications should be “retained in sufficient time” to enable them to advise on the contents of the electronic bundle, the High Court has recommended.’
Litigation Futures, 12th May 2020
Source: www.litigationfutures.com
Oligarch’s wife brings son into high-stakes divorce case – The Guardian
‘It is proving to be a very modern divorce. Armies of lawyers and advisers; hundreds of millions of pounds at stake; priceless art; a superyacht; a key lieutenant switching sides; the son dragged into the proceedings by his mother. No wonder some involved have likened it to The War of the Roses, the dark Hollywood comedy about a feuding couple starring Kathleen Turner and Michael Douglas.’
The Guardian, 10th May 2020
Source: www.theguardian.com
BAILII: Recent Decisions
Court of Appeal (Civil Division)
Viasat UK Ltd & Anor v The Office of Communications & Anor [2020] EWCA Civ 624 (11 May 2020)
High Court (Administrative Court)
Cosar v HMP Wandsworth & Ors [2020] EWHC 1142 (Admin) (11 May 2020)
High Court (Chancery Division)
European Film Bonds AS & Ors v Lotus Holdings LLC & Ors [2020] EWHC 1115 (Ch) (11 May 2020)
Brake & Ors v Swift & Anor [2020] EWHC 1156 (Ch) (11 May 2020)
Tailby , Re TPS Investments (UK) Ltd [2020] EWHC 1135 (Ch) (11 May 2020)
High Court (Family Division)
A Local Authority v The Mother & Ors [2020] EWHC 1162 (Fam) (11 May 2020)
High Court (Technology and Construction Court)
City East Recruitment Ltd v British Gas Social Housing Ltd [2020] EWHC 1159 (TCC) (11 May 2020)
Source: www.bailii.org
Limitation in historic sex abuse claims: recent decisions on the exercise of section 33 of the Limitation Act 1980 – 12 King’s Bench Walk
‘A series of judgments have already been handed down this year that deal with limitation in historic sex abuse cases. Each addresses whether it is equitable to allow the claim to proceed by disapplying the long-expired limitation period, by exercising the discretion under section 33 of the Limitation Act 1980.’
12 King's Bench Walk, 1st May 2020
Source: www.12kbw.co.uk
Old Bailey jury trials to resume this week – Law Society’s Gazette
‘Two jury trials will resume at the Old Bailey this week as first steps toward Crown court cases restarting around the country. However, the criminal bar warned that a resumption of normal service “remains many weeks off”.’
Law Society's Gazette, 10th May 2020
Source: www.lawgazette.co.uk
UK contact-tracing app could fall foul of privacy law, government told – The Guardian
‘The NHS contact-tracing app must not be rolled out across the UK until the government has increased privacy and data protections, an influential parliamentary committee has said, as rights groups warn that the current trial is unlawful under the Data Protection Act.’
The Guardian, 7th May 2020
Source: www.theguardian.com
