‘A solicitor who became an alcoholic after taking part in the drinking culture of a former firm has been fined by a tribunal after two drink-driving convictions.’
Legal Futures, 17th April 2020
Source: www.legalfutures.co.uk
‘Judges in the Court of Appeal have urged rule-makers to look again at the nuances of qualified one-way costs shifting after a judgment over whether a defendant could set off their costs liability against the claimant.’
Law Society's Gazette, 16th April 2020
Source: www.lawgazette.co.uk
‘Energy expert Thomas Muinzer and David Hart QC discuss the Climate Change Act, the extent to which the UK has reached its own goals for carbon emission reduction, and two recent challenges in the courts to projects involving GHG emissions. This is even more topical, given the recent decision to go ahead HS2, despite the current lockdown.’
Law Pod UK, 17th April 2020
Source: audioboom.com
‘At the turn of the new year it would have been unthinkable to suggest that in just three months the majority of the courts in England and Wales would be closed, that is, at least in the physical sense. In the wake of Covid-19 the Courts have remained open for business however, most of that business is now being conducted in the virtual realm. From online mediations and applications to full-blown witness actions, this is a brave new world for most practitioners, particularly those in civil law, who are used to lugging paper-laden suitcases up and down the various Courts in the land.’
Falcon Chambers, 6th April 2020
Source: www.falcon-chambers.com
‘This note is intended to assist local authorities when considering their Care Act 2014 duties following the Coronavirus Act 2020 (“The Act”) coming into force on 3 March 2020[1]. The Secretary of state issued Guidance on 01 April 2020. The Act contains provision for “easements” of Care Act 2014 duties during the emergency.’
4-5 Gray's Inn Square, 7th April 2020
Source: www.4-5.co.uk
‘Today [2 April] the Court of Appeal handed down judgment in James v Hertsmere Borough Council [2020] EWCA Civ 489. The judgment answered a question that has been troubling homelessness lawyers for several years now: does the County Court have jurisdiction, when hearing homelessness appeals, to consider challenges to councils’ ‘contracting-out’ processes?’
Garden Court Chambers, 2nd April 2020
Source: www.gardencourtchambers.co.uk
‘Easement disputes are a staple of real property practice. Some can be of very high value, particularly where the existence of an easement has an impact on a development. Many, however, arise out of neighbour disputes. Despite having a more modest value, these claims are no less important to the parties involved and indeed can be no less complex. As with all neighbour disputes, costs have a tendency to spiral.’
St Ives Chambers, 8th April 2020
Source: www.stiveschambers.co.uk
‘Practice Direction 31A of the CPR 1998 contemplates specifically that disclosure of electronic documents may be carried out by using keyword or other automated searches.’
Ropewalk Chambers, 6th April 2020
Source: www.ropewalk.co.uk
‘In Morrison the Supreme Court was at pains to re-state and explain a previous judgment on an employer’s vicarious liability for employees that had been misinterpreted and misapplied both at trial and in the Court of Appeal. What was not examined at any level was the primary liability of joint data controllers, as regulated by the General Data Protection Regulation. This article looks at what the Supreme Court said about vicarious liability and the position of joint controllers.’
The 36 Group, 14th April 2020
Source: 36group.co.uk
‘The law around vicarious liability has been “on the move” since at least the 2012 landmark decision of the Supreme Court in Various Claimants v Catholic Child Welfare Society [2012] UKSC 56 (the “Christian Brothers case”). However, after years of expansion, the Supreme Court has now held in Barclays Bank plc v Various Claimants [2020] UKSC 13 that liability will not always be imposed for the acts of an independent contractor.’
12 King's Bench Walk, 3rd April 2020
Source: www.12kbw.co.uk
‘On 1 April 2020, the Supreme Court handed down judgment in two conjoined Vicarious Liability cases: WM Morrisons Supermarkets plc v Various Claimants [2020] UKSC 12 and Barclays Bank plc v Various Claimants [2020] UKSC 13. In this article, Michael Patrick reviews those judgments and considers their impact on the law of Vicarious Liability.’
Hailsham Chambers, 9th April 2020
Source: www.hailshamchambers.com
‘With the prospect of several bank holidays on the horizon with little indication as to how long circumstances may require continued periods of furlough under the Coronavirus Job Retention Scheme (‘the Scheme’), many employers will be worried as to how they deal with the interaction between furlough and annual leave. Specifically, whether they can require annual leave to be taken during furlough and how they deal with bank holidays where they are included within employee’s annual leave entitlement under their contracts of employment.’
Broadway House Chambers, 9th April 2020
Source: broadwayhouse.co.uk
‘While in previous weeks the winding up petition list has been adjourned for a minimum of three months, this week’s list was successfully conducted by Skype. This article discusses how the hearings worked.’
Hardwicke Chambers, 2nd April 2020
Source: hardwicke.co.uk
‘In light of the COVID-19 outbreak and the protective measures which the UK government has introduced, litigators across the country are asking one burning question: will hearings go ahead, and if so how?’
Blackstone Chambers, 18th March 2020
‘Whilst legislation is being rushed through dealing with significant aspects of work undertaken by the legal profession, addressing major societal issues such as housing, crime and the need to conduct hearings remotely, there are many more areas directly impacted by the current circumstances that have not / cannot be legislated for. This article considers the effect of the pandemic on statutory limitation periods and applications for relief from sanctions.’
23 Essex Street, 9th April 2020
Source: www.23es.com
‘Those venturing to their local park over the weekend probably witnessed an increased presence of police constables, out to enforce the new restrictions on movement and public gatherings. Those restrictions, as well as rules forcing the closure of certain businesses and premises, were introduced on 26 March 2020 by the Health Protection (Coronavirus, Restrictions) (England) Regulations 2020.’
Francis Taylor Building, 9th April 2020
Source: www.ftbchambers.co.uk
‘In the face of the COVID-19 pandemic, governments around the world have been forced to impose draconian restrictions on the public’s freedom of movement and assembly, and the ability to work and trade. Although there is a growing international consensus that these measures are absolutely necessary to slow the rate of infection and save lives, it is undeniable that they, together with the pandemic itself, will have a profound impact on businesses and individual livelihoods.’
Forum Chambers, 7th April 2020
Source: www.forumchambers.com
‘As of 1st of April 2020, the Government’s election pledge of delaying the release point of serious sexual and violent offenders came into force by way of the Release of Prisoners (Alteration of Relevant Proportion of Sentence) Order 2019.’
St Ives Chambers, 10th April 2020
Source: www.stiveschambers.co.uk
‘As the Coronavirus causes unprecedented and rapid change in our daily lives and many of us get used to the challenges of remote working, it is a good time to remind clients of the recent CoA decision in R. (on the application of Pensions Regulator) v Workchain Ltd [2019] EWCA Crim 1422 which demonstrates the wide application of the Computer Misuse Act 1990 (“CMA”). The case serves as a stark warning for companies and their officers who are not taking data security seriously. Tim Green was instructed by The Pensions Regulator (“TPR”).’
Henderson Chambers, 3rd April 2020
‘The Covid-19 crisis has led the Financial Conduct Authority to issue authoritative guidance to consumer credit lenders which will oblige them to grant a three month moratorium on debts and to reduce interest costs.’
Henderson Chambers, 9th April 2020
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