31/03/2020 – Current Awareness

The Supply of DNP that resulted in a Manslaughter Conviction – St Pauls Chambers

Posted March 31st, 2020 in chambers articles, drug offences, homicide, negligence, news by sally

‘EP was a 21 year old who suffered a number of mental disorders, bulimia nervosa, unstable personality disorder, depression and features of dependence syndrome. He had supplied her with DNP over the internet. She had consumed a number of capsules of DNP and suffered a most distressing death as it destroyed her internal organs causing them to fail. There is no effective treatment for what she suffered.’

St Pauls Chambers, 20th March 2020

Source: www.stpaulschambers.com

The Terrorist Offenders (Restriction of Early Release) Bill – Pump Court Chambers

Posted March 31st, 2020 in bills, chambers articles, early release, news, parole, recidivists, terrorism by sally

‘The Terrorist Offenders (Restriction of Early Release) Bill was introduced into Parliament on the 3rd February 2020, as ‘emergency legislation’ in response to the Streatham Hill terrorist attack that took place on 2nd February 2020. This terrorist incident followed two other attacks by men who had also been convicted of terrorism offences and had recently been released from prison.’

Pump Court Chambers, 30th March 2020

Source: www.pumpcourtchambers.com

C Spencer Limited v M W High Tech Projects UK Limited [2020] EWCA Civ 331 – The relationship between hybrid contracts and valid payment notices – Hardwicke Chambers

Posted March 31st, 2020 in appeals, building law, chambers articles, construction industry, contracts, news by sally

‘The Housing Grants, Construction and Regeneration Act 1996 created hybrid contracts, and with that, complications as to the relationship between these contracts and the Act. In the significant case of C Spencer Limited v M W High Tech Projects UK Limited [2020] EWCA Civ 331, Lord Coulson clarifies whether a valid payment notice ought to separately identify the sum due in respect of construction operations.’

Hardwicke Chambers, 26th March 2020

Source: hardwicke.co.uk

Secretary of State defeats challenge to refusal of permission for building described by inspector as “quite brilliant” – Local Government Lawyer

Posted March 31st, 2020 in appeals, government departments, local government, news, planning by sally

‘The High Court has rejected an appeal by a developer over a building described by a planning inspector as “a brilliant response to its context”.’

Local Government Lawyer, 27th March 2020

Source: www.localgovernmentlawyer.co.uk

The relevance of pre-contract information – Law Society’s Gazette

Posted March 31st, 2020 in asbestos, building law, construction industry, contracts, news by sally

‘In PBS Energo v Bester Generacion [2020] EWHC 223 (TCC), the Technology and Construction Court concluded that asbestos contamination, encountered on a biomass energy plant construction project, had been foreseeable in light of the pre-contract information provided to the subcontractor. The effect of this was that the subcontractor had not been entitled to an extension of time.’

Law Society's Gazette, 30th March 2020

Source: www.lawgazette.co.uk

Setting Aside Default Judgment – How Prompt Do You Need to Be? – Becket Chambers

Posted March 31st, 2020 in chambers articles, civil procedure rules, default judgments, delay, news, setting aside by sally

‘The rules regarding applications to set aside default judgment are contained within CPR 13.3 and the court may set aside judgment if:

(a) the defendant has a real prospect of successfully defending the claim; or
(b) it appears to the court that there is some other good reason why –
(i) the judgment should be set aside or varied; or
(ii) the defendant should be allowed to defend the claim.’

Becket Chambers, 25th March 2020

Source: becket-chambers.co.uk

Coronavirus and Public Civil Hearings – Blackstone Chambers

Posted March 31st, 2020 in chambers articles, civil justice, coronavirus, news by sally

‘This piece, by Thomas de la Mare QC, considers how open civil justice, and in particular public hearings, will work in the coronavirus era.’

Blackstone Chambers, 30th March 2020

Source: www.blackstonechambers.com

Serial attacker jailed for London sexual assault while on licence – The Guardian

Posted March 31st, 2020 in imprisonment, news, rape, sentencing, sexual offences by sally

‘A serial sexual predator has been jailed for eight years for stalking and sexually assaulting a woman while on licence.’

The Guardian, 30th March 2020

Source: www.theguardian.com

Tashaun Aird death: Three teens jailed over stab death – BBC News

Posted March 31st, 2020 in gangs, imprisonment, murder, news, sentencing, wounding, young offenders by sally

‘Three teenagers who stabbed a 15-year-old boy to death with a samurai sword and a zombie knife in an east London park have been jailed.’

BBC News, 30th March 2020

Source: www.bbc.co.uk

Head of legal nets fresh employment hearing after tribunal member found to be asleep – Local Government Lawyer

Posted March 31st, 2020 in constructive dismissal, employment, employment tribunals, local government, news by sally

‘A council head of legal secured a fresh Employment Tribunal hearing because a member of the original tribunal was asleep for part of the proceedings, it has emerged.’

Local Government Lawyer, 30th March 2020

Source: www.localgovernmentlawyer.co.uk

Relaxation of UK abortion rules welcomed by experts – The Guardian

Posted March 31st, 2020 in abortion, coronavirus, government departments, news, women by sally

‘Leading UK healthcare providers have welcomed the government’s decision to allow women to take abortion pills at home without travelling to a clinic.’

The Guardian, 30th March 2020

Source: www.theguardian.com

Budget rejection lays bare Legal Ombudsman crisis – Legal Futures

Posted March 31st, 2020 in budgets, legal services, Legal Services Board, news, ombudsmen, standards by sally

‘The Legal Ombudsman (LeO) has hit crisis point again after it was forced to backtrack on its request for a 20% budget rise, with the Legal Services Board (LSB) describing its performance as unacceptable.’

Legal Futures, 31st March 2020

Source: www.legalfutures.co.uk

Furlough and lay-off against the background of Covid-19 / Coronavirus – 4 New Square

Posted March 31st, 2020 in chambers articles, contract of employment, coronavirus, employment, news, redundancy, remuneration by sally

‘A new term has entered the employment lexicon: furloughing. What does it mean and how does it relate to the longer established concept of laying-off? Are employers better placed to take advantage of the government’s scheme for paying furloughed employees or to consider laying off their staff or making them redundant?’

4 New Square, 25th March 2020

Source: www.4newsquare.com

Criminal Powers in response to Covid-19 – stay indoors instructions – 5SAH

Posted March 31st, 2020 in chambers articles, coronavirus, criminal justice, emergency powers, enforcement, fines, freedom of movement, health, news, police by sally

‘On 23 March 2020, the Prime Minister instructed everyone to remain in their homes in order to limit the spread of COVID-19. The overwhelming majority of individuals and businesses have taken steps to comply with that instruction. However, concerns remained about the large number of people continuing to use London Underground, groups of people congregating in public places and a small number of people steadfastly refusing to comply. From the off, law enforcement officials were asking to be furnished with powers to enforce compliance.’

5SAH, 30th March 2020

Source: www.5sah.co.uk

The impact of Coronavirus, part 1: trial by jury during a pandemic – 6KBW College Hill

Posted March 31st, 2020 in chambers articles, coronavirus, courts, criminal justice, health, health & safety, juries, news, trials by sally

‘Covid 19: the current situation is so fast moving that anything written will almost inevitably be out of date by the time it is typed. However, following the effective “lock down” from 8.30pm on 23 March 2020 it may be that there are fewer further changes until restrictions can be eased, and it is useful to reflect on the effect so far.’

6KBW College Hill, 30th March 2020

Source: blog.6kbw.com

Divisional Court to consider application for suspension of ‘no recourse to public funds’ policy – Local Government Lawyer

Posted March 31st, 2020 in benefits, contract of employment, coronavirus, employment, equality, government departments, health, law firms, news, sick leave by sally

‘The Divisional Court will this week (3 April) consider whether to suspend the Home Office’s ‘no recourse to public funds’ (NRPF) policy.’

Local Government Lawyer, 30th March 2020

Source: www.localgovernmentlawyer.co.uk

UK police warned against ‘overreach’ in use of virus lockdown powers – The Guardian

Posted March 31st, 2020 in codes of practice, coronavirus, emergency powers, enforcement, fines, freedom of movement, news, police by sally

‘Police chiefs are drawing up new guidance warning forces not to overreach their lockdown enforcement powers after withering criticism of controversial tactics to stop the spread of coronavirus, the Guardian has learned.’

The Guardian, 30th March 2020

Source: www.theguardian.com

Network of priority courts launched for essential face-to-face hearings – Local Government Lawyer

Posted March 31st, 2020 in coronavirus, courts, health, health & safety, live link evidence, news, tribunals by sally

‘The Ministry of Justice, HM Courts and Tribunals Service and the judiciary have created a network of 157 priority courts and tribunal buildings that will remain open for essential face-to-face hearings during the coronavirus pandemic to make sure the justice system continues to operate effectively.’

Local Government Lawyer, 30th March 2020

Source: www.localgovernmentlawyer.co.uk

Coronavirus: Court fine for Tesco queue rule breaker – BBC News

Posted March 31st, 2020 in coronavirus, emergency powers, fines, health, health & safety, news by sally

‘A man has pleaded guilty to breaching coronavirus social distancing rules by repeatedly approaching people in a supermarket queue.’

BBC News, 30th March 2020

Source: www.bbc.co.uk

Met to face judicial review over role of school police officers – The Guardian

Posted March 31st, 2020 in autism, children, equality, families, judicial review, news, police, race discrimination, school children by sally

‘A London family has launched legal action over the role of police officers in schools, amid concerns that their presence could have disproportionately negative consequences for black and minority ethnic groups.’

The Guardian, 30th March 2020

Source: www.theguardian.com

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