01/04/2020 – Current Awareness

Witness Statements: Overlong and Over-lawyered? – Hailsham Chambers

Posted April 1st, 2020 in chambers articles, drafting, evidence, news, witnesses by sally

‘As many legal commentators including the author have noted recently: long, complex and detailed statements served particularly on behalf of lay witnesses, but written by their legal teams, can be more of a hindrance than of assistance. Straightforward cross-examinations of such witnesses will frequently prove effective in at the very least exciting the suspicion of a court as to the reliability of such lay evidence, or worse, in some cases causing questions to be asked as to their credibility when the inevitable rhetorical question is asked in closing as to whether such a person ever really could have had a reasonable belief in the veracity of what the statement contained.’

Hailsham Chambers, 27th March 2020

Source: www.hailshamchambers.com

Whistleblowing: how easy is it to make a qualifying disclosure? – St John’s Buildings

Posted April 1st, 2020 in chambers articles, disclosure, employment, news, statutory interpretation, whistleblowers by sally

‘It is generally assumed that the threshold for a statement made by a worker to qualify for whistleblowing protection is not high. After all, the information provided need only ‘tend’ to show, in the ‘reasonable belief’ of the worker that one of the wrongs identified in s.43B Employment Rights Act 1996 is being, has been, or will be committed. Often therefore, an unfair dismissal, or detriment, claim will proceed on the basis, without more, that the worker told the employer something to do with health and safety (or legal obligation or crime etc.). A deeper analysis of the s.43B requirements shows that qualification for protection is not as simple as first appears.’

St John's Buildings, March 2020

Source: stjohnsbuildings.com

Is it possible to take a statutory declaration by Skype video or similar technology? – Hardwicke Chambers

Posted April 1st, 2020 in chambers articles, coronavirus, internet, Law Society, live link evidence, news, solicitors by sally

‘Although the position is fast-moving and guidance is expected to be given in due course by the Law Society, it is presently understood that remote video conferencing technology such as Skype or Zoom could be used by a practising solicitor to administer a statutory declaration.’

Hardwicke Chambers, 26th March 2020

Source: hardwicke.co.uk

Do Medical Practitioners have a duty to disclose Genetic Disorders despite the Principles of Confidentiality? – Exchange Chambers

Posted April 1st, 2020 in chambers articles, confidentiality, damages, doctors, duty of care, families, health, murder, news, pregnancy, psychiatric damage by sally

‘An analysis of the ethical and legal considerations underpinning a decision to inform a patient’s relatives about a diagnosis of a genetic disorder in light of the recent judgment handed down in ABC v St Georges Healthcare and Others [2020] EWHC 455 (QB).’

Exchange Chambers, 25th March 2020

Source: www.exchangechambers.co.uk

Directors disqualified after abandoning care homes, diverting council funds – Local Government Lawyer

Posted April 1st, 2020 in administrators, budgets, care homes, company directors, insolvency, local government, news, professional conduct by sally

‘The directors of two care homes in the Midlands have been disqualified after they diverted council funds before abandoning elderly residents and staff, the Insolvency Services has revealed.’

Local Government Lawyer, 31st March 2020

Source: www.localgovernmentlawyer.co.uk

Coronavirus and detention under the Mental Health Act – Doughty Street Chambers

Posted April 1st, 2020 in chambers articles, consent, coronavirus, detention, medical treatment, mental health, news, proportionality, statutory interpretation, time limits, Wales by sally

‘The Coronavirus Act 2020 (CA 2020) has now been passed. However not all the provisions have yet come into force. Many of the provisions (including the amendments to the Mental Health Act 1983 (MHA) and to the Care Act 2014) will come into force on a day appointed by a Minister according to regulations. Once in force, a part of the Act could also be suspended and revived. For further details on this, see our earlier post here.’

Doughty Street Chambers, 30th March 2020

Source: insights.doughtystreet.co.uk

In-house lawyer facilitated sham £16m property schemes – Legal Futures

Posted April 1st, 2020 in company directors, deceit, disciplinary procedures, news, professional conduct, solicitors by sally

‘A solicitor who acted as head of legal and a “puppet director” for a variety of companies involved in sham £16m property schemes has been struck off.’

Legal Futures, 1st April 2020

Source: www.legalfutures.co.uk

The choice of experts in Catastrophic and Severe Brain Injury – Exchange Chambers

Posted April 1st, 2020 in chambers articles, expert witnesses, news, personal injuries, psychiatric damage by sally

‘In this article I will examine the issues surrounding the choice of experts in catastrophic brain injury claims. I will write about what experts are reasonably required and in what order the experts should be instructed. We will look at the various expertise available and just what it is they do and how they can help the Court to resolve the issues.’

Exchange Chambers, 25th March 2020

Source: www.exchangechambers.co.uk

Council to appeal High Court ruling that stroke unit reconfiguration was lawful – Law Society Gazette

Posted April 1st, 2020 in appeals, equality, health, hospitals, local government, news by sally

‘Medway Council has lodged an appeal against a High Court decision which found that a joint committee of clinical commissioning groups had acted lawfully when dealing with health inequalities when they decided the locations of three hyper acute stroke units (HASUs) in Kent.’

Local Government Lawyer, 31st March 2020

Source: www.localgovernmentlawyer.co.uk

Lawyers echo Sumption’s ‘police state’ warning – Law Society’s Gazette

Posted April 1st, 2020 in coronavirus, emergency powers, enforcement, government departments, judges, law firms, news, police by sally

‘Criticism by former Supreme Court justice Lord Sumption of apparent over-reach by police officers enforcing Covid-19 lockdown restrictions appears to have struck a chord in the legal profession.’

Law Society's Gazette, 31st March 2020

Source: www.lawgazette.co.uk

Government acted unlawfully in sharing information that could lead to death penalty, rules UK Supreme Court – Garden Court Chambers

Posted April 1st, 2020 in appeals, chambers articles, data protection, death penalty, disclosure, execution, foreign jurisdictions, government departments, news, Supreme Court by sally

‘The UK Supreme Court today ruled that the British Government acted unlawfully in a case where it departed from the UK’s longstanding policy on opposing the death penalty in all circumstances.’

Garden Court Chambers, 25th March 2020

Source: www.gardencourtchambers.co.uk

The quickly mutating Coronavirus legislation – drafting anomalies and police powers – UK Police Law Blog

Posted April 1st, 2020 in coronavirus, drafting, emergency powers, enforcement, news, police, statutory interpretation by sally

‘The Health Protection (Coronavirus, Business Closure) (England) Regulations 2020 at reg 6(1) create a prohibition against leaving one’s home without reasonable excuse rather than being outside one’s home without reasonable excuse. Not only is that narrower than many people had thought, it shapes the powers of a police constable to direct or remove people to their home, which depends upon the constable considering that they have breached reg 6(1). Furthermore, in criminal proceedings for a breach, it may be that the burden of establishing of the defence of reasonable excuse is on a defendant in Scotland but on the prosecution in the other three home nations.’

UK Police Law Blog, 31st March 2020

Source: ukpolicelawblog.com

Expert Evidence: A Cautionary Tale – Exchange Chambers

Posted April 1st, 2020 in chambers articles, civil procedure rules, documents, electronic filing, electronic mail, expert witnesses, Law Commission, news by sally

‘On 3rd March 2020, Robert Buckland, the incumbent Lord Chancellor and Secretary of State for Justice, confirmed that electronic signatures are permissible and legally valid if used in commercial and consumer documents. This declaration followed a Law Commission report, published in September last year, that looked at the electronic execution of documents, including deeds.’

Exchange Chambers, 25th March 2020

Source: www.exchangechambers.co.uk

Privately educated lawyers dominate corporate work – Legal Futures

Posted April 1st, 2020 in diversity, education, equality, law firms, legal profession, news, solicitors, Solicitors Regulation Authority, statistics by sally

‘The proportion of solicitors who attended state schools is creeping upwards, but those who went to fee-paying schools dominate corporate work, according to the Solicitors Regulation Authority (SRA).’

Legal Futures, 31st March 2020

Source: www.legalfutures.co.uk

Check your Email Signatures! – Falcon Chambers

Posted April 1st, 2020 in chambers articles, contracts, electronic filing, electronic mail, Law Commission, news, sale of land by sally

‘As every property practitioner knows, s 2(3) of the Law of Property (Miscellaneous Provisions) Act 1989 (the 1989 Act) requires a contract for the sale or other disposition of land to be ‘signed by or on behalf of each party’. Neocleous v Rees [2019] EWHC 2462 (Ch), [2019] All ER (D) 25 (Oct) was the first occasion on which the court was asked to determine whether an email footer satisfied the requirement for a signature in s 2(3). The issue arose in the context of an alleged compromise agreement between the parties to a property dispute, which was contained in an exchange of emails between their solicitors. Viewed in the wider context of the earlier authorities, and a recent Law Commission report, the decision encourages practitioners to consider how formality requirements in property transactions—and more generally—are now operating in an increasingly digital world.’

Falcon Chambers, 13th March 2020

Source: www.falcon-chambers.com

Alibrahim v Asturion Fondation [2020] EWCA Civ 32 – Hardwicke Chambers

Posted April 1st, 2020 in abuse of process, appeals, chambers articles, news, striking out by sally

‘The primary issue for the Court of Appeal in this case was what conduct constitutes abuse of process where one party to litigation unilaterally suspends proceedings for a substantial amount of time without the agreement of the other party nor the approval or an Order of the court.’

Hardwicke Chambers, 27th March 2020

Source: hardwicke.co.uk

Application to end draconian UKOG injunction banning peaceful protest at oil sites in Surrey and Sussex – Garden Court Chambers

Posted April 1st, 2020 in chambers articles, climate change, demonstrations, energy, environmental protection, human rights, injunctions, news by sally

‘Lawyers for five peaceful protestors, supported by the Weald Action Group, have applied to the High Court to bring an end to an interim injunction against protest at oil sites in Surrey and Sussex in line with a new Court of Appeal ruling.’

Garden Court Chambers, 1st April 2020

Source: www.gardencourtchambers.co.uk

Jeff King: The Lockdown is Lawful – UK Constitutional Law Association

Posted April 1st, 2020 in constitutional law, coronavirus, emergency powers, freedom of movement, news, statutory interpretation by sally

‘The Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 (Reg 6) and the Health Protection (Coronavirus Restrictions) (Wales) Regulations 2020 (Reg 8) both provide in identical wording that ‘During the emergency period, no person may leave the place where they are living without reasonable excuse.’ Both also enumerate thirteen exceptions (‘reasonable excuses’) to the rule. These are the restrictions widely referred to as the ‘lockdown.’ There is a question at the moment about whether they are so invasive as to be unlawful. This two-part post briefly reviews the legal basis for the confinement. I argue that the lockdown is lawful.’

UK Constitutional Law Association, 1st April 2020

Source: ukconstitutionallaw.org

Question of Incompatibility – Deprivation of Children’s Liberty Without Court Order? – Family Law Week

Posted April 1st, 2020 in care homes, care orders, children, families, human rights, news, statutory interpretation by sally

‘All persons are guaranteed the right to liberty and security of the person, as enshrined in Article 5 of the European Convention of Human Rights. As such, when an issue arises with regard to a potential deprivation of liberty of a child (or indeed of any person), appropriate procedural safeguards must be in place to ensure the child’s Article 5 as well as their Article 8 rights to private and family life are sufficiently protected. For some time, the courts have undertaken this process through the use of the inherent jurisdiction of the High Court to authorise and review any such deprivation of liberty in a way that renders the process compliant with Article 5.’

Family Law Week, 12th March 2020

Source: www.familylawweek.co.uk

Guidance issued on remote access to Court of Protection – Local Government Lawyer

Posted April 1st, 2020 in codes of practice, coronavirus, Court of Protection, live link evidence, news by sally

‘The Vice-President of the Court of Protection has today (31 March) issued updated guidance on remote access to the court.’

Local Government Lawyer, 31st March 2020

Source: www.localgovernmentlawyer.co.uk

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