16/04/2020 – Page 2 – Current Awareness

McMafia Order Misses the Mark – The Limitations of Unexplained Wealth Orders – 5SAH

Posted April 16th, 2020 in chambers articles, disclosure, news, proceeds of crime, unexplained wealth orders by sally

‘Unexplained Wealth Orders (“UWOs”) have frequently been in the headlines since they came into force on 31 January 2018. They have been described in the media as, “McMafia Orders” and advertised as a new weapon in the war on illicit assets, creating an impression that they would single-handedly tackle the reputation of the United Kingdom as a haven for dirty money. The reality, as most lawyers recognise, is that UWOs are simply a type of disclosure order which have, as Lang J was keen to stress in her judgment in the case of NCA v Baker [2020] EWCA 822 (Admin) at para. 61 a, “relatively limited purpose”. They can “fill in the gap” when investigators cannot rely on full co-operation from other jurisdictions (e.g. the former Soviet states and the Caribbean tax havens).’

5SAH, 10th April 2020

Source: www.5sah.co.uk

COVID-19 impact on the UK Economy & ADR – 33 Bedford Row

Posted April 16th, 2020 in chambers articles, coronavirus, dispute resolution, news by sally

‘In these unprecedented times, we are already seeing companies collapsing, Flybe ceased operating at the start of March stating that COVID-19 was the final nail in the coffin. Widespread media coverage in early April states that Debenham faces administration and clothing giant Arcadia is preparing to close a huge number of stores as the effect of the lockdown tears through the high street. The global pandemic could lead to a great depression and the adverse economic effects seem almost certain to outweigh the impact of the 2008/2009 world-wide recession. We will look at how COVID-19 may impact the UK economy in the coming months and how ADR may be used in order to address business disputes in an expeditious and cost-effective manner.’

33 Bedford Row, 6th April 2020

Source: www.33bedfordrow.co.uk

WM Morrison Supermarkets plc v Various Claimants – Supreme Court clarifies the test for vicarious liability – 12 King’s Bench Walk

Posted April 16th, 2020 in appeals, chambers articles, data protection, employment, news, Supreme Court, vicarious liability by sally

‘In a much-anticipated decision, the Supreme Court addresses the scope of an employer’s vicarious liability for acts by its employees, in particular the “misunderstandings” that have arisen since its previous landmark decision in Mohamud v WM Morrison Supermarkets plc [2016] UKSC 11.’

12 King's Bench Walk, 2nd April 2020

Source: www.12kbw.co.uk

Courting peril: the lessons in Ohpen Operations UK Ltd v Invesco Fund Managers Ltd – Falcon Chambers

Posted April 16th, 2020 in chambers articles, contracts, dispute resolution, news by sally

‘The recent judgment of Mrs Justice O’Farrell in Ohpen Operations UK Ltd v Invesco Fund Managers Ltd [2019] EWHC 2246 (TCC) provided a boost for anyone entering a contract who would prefer to utilise a pre-agreed dispute resolution process in the event of a future contractual disagreement. Specifically, the case provides valuable guidance on the court’s approach if asked to enforce a contractual dispute resolution clause providing for alternative dispute resolution (ADR).’

Falcon Chambers, April 2020

Source: www.falcon-chambers.com

COVID-19: a protocol to assist solicitors who are working remotely and advising suspects in relation to police interviews – Garden Court Chambers

Posted April 16th, 2020 in chambers articles, coronavirus, legal services, news, police, solicitors by sally

‘This document is intended to draw your attention to the serious risk to life that solicitors and suspects, in police stations, are facing during the COVID-19 crisis and to suggest ways to reduce them. It is not intended to be a definitive statement of what needs to be done. You may have other ideas which are equally or more valid. What is certain is that action needs to be taken if lives are to be saved. The protocol below is intended to assist solicitors to give appropriate legal advice to suspects, at the interview stage, when working remotely.’

Garden Court Chambers, 1st April 2020

Source: www.gardencourtchambers.co.uk

Carluccio’s Limited (in administration): Administration and furlough arrangements with employees – Exchange Chambers

Posted April 16th, 2020 in administrators, chambers articles, coronavirus, employment, insolvency, live link evidence, news, remote hearings, remuneration by sally

‘Snowden J gives urgently sought directions to administrators in respect of furlough arrangements with employees following a remote video hearing in the matter of Carluccio’s Limited (in administration) [2020] EWHC 886 (Ch).’

Exchange Chambers, 15th April 2020

Source: www.exchangechambers.co.uk

Regulator investigates Viagogo’s £3.2bn acquisition of StubHub – The Guardian

Posted April 16th, 2020 in competition, internet, news, ombudsmen by sally

‘The Competition and Markets Authority (CMA) has launched an investigation into Viagogo’s $4bn (£3.2bn) purchase of ticket resale website StubHub, heaping fresh misery on a deal already thrown into turmoil by the Covid-19 crisis.’

The Guardian, 15th April 2020

Source: www.theguardian.com

The Coronavirus Job Retention Scheme: More Holiday Cancellations? – Littleton Chambers

Posted April 16th, 2020 in coronavirus, employment, holidays, news by sally

‘With the JRS there are precious few known knowns, plenty of known unknowns and one suspects a few unknown unknowns; that is to say, things we only realise we didn’t know when the detailed rules of the scheme are published.’

Littleton Chambers, 2nd April 2020

Source: www.littletonchambers.com

What I talk about when I talk about arbitrator diversity… Why and how to make arbitral tribunals us, rather than them – Radcliffe Chambers

Posted April 16th, 2020 in arbitration, chambers articles, diversity, news by sally

‘While the range of parties before tribunals has globalised, the typical composition of those tribunals has not. The international arbitrator community has long been said to comprise a club of “elderly white men”. If that was ever quite true, it is certainly less true now, but the international arbitrator community still lags well behind its users when it comes to diversity. Does this matter?’

Radcliffe Chambers, 15th April 2020

Source: radcliffechambers.com

One in seven female solicitors suffer bullying or discrimination – Legal Futures

Posted April 16th, 2020 in bullying, equality, harassment, law firms, Law Society, news, remuneration, sex discrimination, solicitors, statistics, women by sally

‘One in seven female solicitors have experienced bullying, discrimination and harassment in the workplace over the past year, Law Society research has revealed.’

Legal Futures, 16th April 2020

Source: www.legalfutures.co.uk

Sawkill -v- Highways England Company Ltd [2020] EWHC 801(Admin) – No. 5 Chambers

Posted April 16th, 2020 in chambers articles, news, planning, roads, statutory interpretation by sally

‘This case, although legally technical in nature, provides an interesting illustration of the way that the courts grapple with interpreting statutory powers in real-world situations.’

No. 5 Chambers, 8th April 2020

Source: www.no5.com

Charles and Diana Ingram to challenge guilty verdicts in Millionaire case – The Guardian

Posted April 16th, 2020 in appeals, deceit, miscarriage of justice, news by sally

‘Charles and Diana Ingram will ask the court of appeal to overturn their convictions for cheating on Who Wants to Be a Millionaire? – arguing that new audio analysis casts serious doubt on the evidence used to prosecute them.’

The Guardian, 15th April 2020

Source: www.theguardian.com

Coronavirus Job Retention Scheme – how does it fit with the existing law on lay-offs and short-time working? – 3PB

Posted April 16th, 2020 in contract of employment, coronavirus, employment, news, remuneration by sally

‘The government has now provided details of the ‘Coronavirus Job Retention Scheme’ which was first announced on 20 March 2020.’

3PB, 7th April 2020

Source: www.3pb.co.uk

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

Posted April 16th, 2020 in chambers articles, coronavirus, courts, criminal justice, juries, live link evidence, news 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

Parole Hearings – consideration of unproven allegations (Morris v Parole Board) – Georgia Beatty & Joe O’Leary for Lexis Nexis PSL – 5SAH

Posted April 16th, 2020 in chambers articles, news, parole by sally

‘A Parole Board is not only entitled to consider unproven criminal allegations made against the prisoner, but is expected to do so. The 2019 ‘Guidance on Allegations’ issued by the Secretary of State for Justice (SSJ) is consistent with decided authority and is not unlawful. ‘Mere allegations’ with no evidential basis whatsoever should not be considered. However, where there is sufficient evidential material for a Board to make ‘at least some findings of fact’, an unproven allegation should be taken into account as part of the Board’s overall risk assessment. The strength or weakness of the supporting material will go to the weight that a Board is entitled to place on the allegation in that assessment. Consideration of unproven allegations is subject to relevance and the overriding requirement that a Parole Board must act fairly.’

5SAH, 8th April 2020

Source: www.5sah.co.uk

Coronavirus: Shop workers should be trained to help abuse victims – BBC News

Posted April 16th, 2020 in coronavirus, domestic violence, families, homicide, news, statistics, victims by sally

‘Supermarket workers should be trained to identify and help domestic abuse victims during the pandemic through a code word system, MPs have been told.’

BBC News, 15th April 2020

Source: www.bbc.co.uk

COVID-19 Dispute Resolution – Applying the Principle of Frustration to Cancellations Caused by the Virus – 4 New Square

Posted April 16th, 2020 in chambers articles, contracts, coronavirus, news by sally

‘What happens where a contracting party no longer wishes to perform their obligations because of COVID-19? This is likely to be a major source of disputes in the near future as contracts become uneconomic or difficult to perform because of the virus and the unprecedented disruption it is causing. What are the rights of the parties where an event has been cancelled because of COVID-19 but one of the parties has paid a deposit and the other has spent money preparing for it?’

4 New Square, 2nd April 2020

Source: www.4newsquare.com

General Medical Council and Professional Standards Authority for Health and Social Care v Dr Zafar – Old Square Chambers

Posted April 16th, 2020 in appeals, chambers articles, contempt of court, doctors, expert witnesses, news, professional conduct by sally

‘The High Court has held that a Court of Appeal judgment in a Civil Contempt sentence appeal involving the Respondent although it did not increase the Respondent doctor’s sentence for contempt but led to a finding of undue lenience should have been put before the Medical Practitioners Tribunal (MPT) when considering the sanction for the admitted Contempt. This is despite the General Medical Council (GMC), which exercised its right of appeal under section 40A of the Medical Act 1983 to bring the case before the High Court, having agreed not to put the judgment before the MPT prior to and during the MPT proceedings.’

Old Square Chambers, 8th April 2020

Source: www.oldsquare.co.uk

Holding and Management (Solitaire) Limited v Leslie Stafford Miller [2019] UKUT 402 (LC) – Tanfield Chambers

Posted April 16th, 2020 in chambers articles, county courts, covenants, housing, jurisdiction, landlord & tenant, leases, news, tribunals by sally

‘The FTT improperly purported to determine matters which it had no statutory authority to do so on the basis of the generality of the County Court’s order transferring the matter to it.’

Tanfield Chambers, 2nd April 2020

Source: www.tanfieldchambers.co.uk

Out-of-Hours Appointments: A Temporary Fix to a Permanent Problem? – Radcliffe Chambers

Posted April 16th, 2020 in chambers articles, electronic filing, insolvency, news, practice directions by sally

‘The past year has seen repeated attempts by the courts to solve the conundrum of electronic working and how it interfaces with outof-court appointments of administrators. Six decisions, all conflicting in whole or in part, none likely to result in an appeal, did little to ease the uncertainty surrounding the validity of notices efiled outside court hours by CE-File. There was no substantive attempt at resolution on the part of the Companies Court or the Insolvency Rules Committee; the Chancellor issued guidance to the effect that notices filed out-of-hours would be referred to a designated High Court Judge.’

Radcliffe Chambers, 8th April 2020

Source: radcliffechambers.com

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