20/04/2020 – Current Awareness

Covid-19 – Delayed appeals: arbitrate or mediate? – 33 Bedford Row

Posted April 20th, 2020 in appeals, arbitration, chambers articles, coronavirus, delay, dispute resolution, news by sally

‘Many small to medium sized businesses will, thankfully, rarely be involved in litigation. As a result, they will have little experience of what is to follow once they commence a dispute resolution process regardless of the nature of that process. In many cases, disputes will be addressed via litigation[1]. In many instances the perceived wrong done by the other side will drive the dispute forward. It is only perhaps when some of the initial expectation of a quick positive trial outcome fades, whilst the pre-trial process winds on, that parties will wonder ‘should this have gone on for so long’ and/or ‘was there a quicker way to do this?’ Nevertheless, once litigation is commenced it takes on an energy of its own and many parties are able to see the case through to an initial judgment. Matters may thereafter get more complex as (further) fatigue potentially sets in.’

33 Bedford Row, 10th April 2020

Source: www.33bedfordrow.co.uk

Coronavirus Act 2020 and the powers of the government to manage individuals infected with Covid-19: How will it affect those who fall ill? (UPDATE) – 3PB

Posted April 20th, 2020 in chambers articles, coronavirus, emergency powers, enforcement, freedom of movement, health, human rights, news by sally

‘The Coronavirus Act 2020 (“the Act”) came into force on 25th March 2020. Among other things, the Act confers powers on public health officers, constables, and immigration officers to enable them to manage potentially infectious persons during the Covid-19 crisis. Schedule 21 of the Act contains provisions that enable the relevant officials to exercise their powers in respect of individuals in England, Wales and Scotland. This article will only focus on Part 2 of Schedule 21, which pertains to the powers of the government in England.’

3PB, 17th April 2020

Source: www.3pb.co.uk

Carluccio’s Limited (in administration) [2020] EWHC 886 (Ch). The first judicial decision on the Government’s Furlough Scheme – Parklane Plowden

Posted April 20th, 2020 in administrators, chambers articles, coronavirus, employment, insolvency, news, remuneration by sally

‘In a judgment handed down by Snowden J on a bank holiday on 13 April 2020 in the matter of Carluccio’s Limited (in administration) [2020] EWHC 886 (Ch), we have the first decision regarding the application of the Government’s Coronavirus Job Retention Scheme (“the Scheme”). The Scheme allows employers to claim for 80% of an employee’s salary (up to a maximum of £2500 per month) if staff are kept on the books doing no work (furloughed) rather than dismissed as redundant.’

Parklane Plowden, 16th April 2020

Source: www.parklaneplowden.co.uk

Mental Health Law Update – Devon Chambers

Posted April 20th, 2020 in appeals, chambers articles, detention, mental health, news by sally

‘Ironically, in terms of its timing, on the day the country went into lockdown, the Upper Tribunal took a decision which will have a significant impact for those seeking to challenge restrictions on their liberty under the Mental Health Act 1983. This case originated in Cornwall and the solicitors were Conroys Solicitors of Truro. Sally Daulton of Devon Chambers represented the patient before the First-tier Tribunal and obtained leave to appeal. Before the Upper Tribunal, the patient was represented by Robert Pezzani and Stephen Simblet QC of Garden Court Chambers’ Civil Liberties Team.’

Devon Chambers, April 2020

Source: www.devonchambers.co.uk

Case management in the time of Covid-19 – Cloisters

Posted April 20th, 2020 in case management, chambers articles, coronavirus, news by sally

‘In practice it seems that many of the preliminary hearings that are taking place on what would have been the first day of a trial are simply being used to relist the final hearing. In some regions, cases are not being relisted until the summer of 2021.’

Cloisters, 20th April 2020

Source: www.cloisters.com

The impact of Coronavirus, part 4: developments in extradition – 6KBW College Hill

Posted April 20th, 2020 in chambers articles, coronavirus, courts, extradition, live link evidence, news by sally

‘Necessity is the mother of invention. Never has the English proverb been proved so true as with the rapid deployment of video link technology in the court system following the coronavirus (COVID-19) pandemic and consequent reduction of in-person hearings. This post considers the developments applicable to extradition proceedings; the current arrangements for hearings, appeals and removal; and the potential impact of the pandemic on the bars to extradition and bail applications.’

6KBW College Hill, 7th April 2020

Source: blog.6kbw.com

What are the impacts of Coronavirus on employer’s duties under common-law and the HASAWA 1974? – Church Court Chambers

Posted April 20th, 2020 in chambers articles, coronavirus, employment, health & safety, news by sally

‘It is an employer’s duty to protect the health, safety and welfare of their employees and other people who might be affected by their business. Employers must do whatever is reasonably practicable to achieve this. Employers have duties under health and safety law to assess risks in the workplace.’

Church Court Chambers, April 2020

Source: churchcourtchambers.co.uk

Frustration, COVID-19 and company voluntary arrangements – Radcliffe Chambers

Posted April 20th, 2020 in chambers articles, company law, coronavirus, news by sally

‘Your world appeared to be collapsing. You had a good core business, but because of cash flow difficulties, you could not pay your debts as and when they fell due. You were then saved – or, at least, you thought you were- by a trading company voluntary arrangement (“CVA”), under which you are required to make regular monthly contributions of a certain amount. You thought that you would survive with the protection of your CVA – that is until Covid-19 struck. Now, as a non-essential business, you have been forced to close, albeit temporarily, by The Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 (“the 2020 Regulations”). Alternatively, you are allowed to stay open, but because of Government Guidance about social distancing, you have had to reduce your workforce, or your workforce is much reduced because of sickness or self-isolation. Alternatively, for commercial, health and safety or other reasons, you have decided temporarily to close your business. All of this has stopped or reduced your turnover and as a result you are unable to meet the payment requirements of your CVA. Is it open, in these circumstances, for anyone to argue that the restrictions imposed on your business and your consequent failure to comply with your CVA have frustrated your CVA?’

Radcliffe Chambers, 15th April 2020

Source: radcliffechambers.com

Can dismissal for self-isolating be automatically unfair? – St John’s Buildings

Posted April 20th, 2020 in chambers articles, coronavirus, employment, equality, news, unfair dismissal by sally

‘Most of us are now up to speed (as far as possible) with the principle, and maybe practice, of furlough, but one thing that has yet to be tested is the ability of unfair dismissal protection to safeguard employees that are unable to attend or carry out work in line with current guidelines. At one point (specifically, 23.03.2020), there was a proposal to introduce provisions creating an automatic unfair dismissal where that dismissal was for ‘coronavirus-related’ reasons, and where the employer was entitled to reimbursement of statutory sick pay or payment under the coronavirus job retention scheme. That would have been to ensure that businesses being forced to close would also not result in mass job losses when funding to retain those jobs was available as an alternative to dismissal. At the date of writing, that proposal has not progressed, nor is there any other proposal to safeguard employees from any other ‘coronavirus-related’ dismissal. Whilst ordinary unfair dismissal principles will assist those employees with at least two years’ continuous employment, I wanted to consider a couple of options potentially open to employees not qualifying for that protection.’

St John's Chambers, 16th April 2020

Source: stjohnsbuildings.com

Clinical Negligence: Birth Injury Claim – Park Square Barristers

Posted April 20th, 2020 in birth, chambers articles, children, compensation, damages, hospitals, negligence, news, personal injuries, pregnancy by sally

‘Clinical negligence litigation continues apace as Simeon Maskrey QC, sitting as a Deputy High Court Judge, handed down Judgment last week in a clinical negligence birth injury case (severe neuro-disability consequent upon an acute near total hypoxic-ischaemic insult) following a two-week trial which concluded early last month. This case highlights the ever-increasing importance placed on a patient’s right to autonomy in the decision-making process and the need to ensure that any information provided, including as to the risks to themselves and their baby, is properly understood and appreciated (Montgomery v Lanarkshire Health Board [2015] UKSC 1 considered).’

Park Square Barristers, 16th April 2020

Source: www.parksquarebarristers.co.uk

Coronavirus and employer’s liability, some likely issues – Old Square Chambers

Posted April 20th, 2020 in chambers articles, coronavirus, employment, health & safety, news by sally

‘Despite the major disruption to daily living and the emergency legislation that has been rushed into effect in response to the outbreak of coronavirus (SARS CoV 2) and the resulting disease (Covid 19), the duty of employers to ensure the health and safety of their employees has remained undiminished. It is at times like these, when the work of many health care workers and others who provide essential services involves exposure to a greatly increased risk of serious injury or death, that the protection of such employees becomes all the more important. The admiration and gratitude of the nation is little consolation if the entitlement to basic health and safety measures is reduced on the ground of force majeure.’

Old Square Chambers, April 2020

Source: www.oldsquare.co.uk

What are likely to be barriers in being able to effect valid service? – Hardwicke Chambers

Posted April 20th, 2020 in chambers articles, international law, news, service by sally

‘It is assumed that the reference to the ‘Hague Convention’ is to the Hague Service Convention, concluded as part of the Hague Conference on Private International Law in 1965 (“the Convention”).’

Hardwicke Chambers, 7th April 2020

Source: hardwicke.co.uk

Employee Dismissal Rights when Shielding: An Overview – Doughty Street Chambers

Posted April 20th, 2020 in chambers articles, coronavirus, employment, equality, news, unfair dismissal by sally

‘If your employer dismisses you as a result of you being unable to work due to you being in the shield group then you may have a claim for automatic unfair dismissal under s100(1)(d) or (e) of the Employment Rights Act 1996 (“ERA”), no minimum qualifying period of employment is required to bring this claim.’

Doughty Street Chambers, 14th April 2020

Source: insights.doughtystreet.co.uk

Business as usual? Early lessons learnt in handling litigation remotely – Hardwicke Chambers

Posted April 20th, 2020 in chambers articles, codes of practice, coronavirus, courts, internet, news, remote hearings by sally

‘The phrase “business as usual” has become cliché overnight. Hardwicke’s CDR team is attending hearings, drafting and advising and just as before. But, as regards litigation, the phrase is not wholly accurate. The courts are not operating as usual, solicitors and barristers are working remotely, and it’s not yet clear how the current crisis will impact the commercial litigation market. From that perspective the situation is very unusual.’

Hardwicke Chambers, 20th April 2020

Source: hardwicke.co.uk

Planning obligations and the Community Infrastructure Levy – covenants, contributions and levies in a time of lockdown – Radcliffe Chambers

Posted April 20th, 2020 in chambers articles, coronavirus, housing, local government, news, planning by sally

‘This article focuses on two of the many important issues – one under section 106 of the Town and Country Planning Act 1990 and the other under the Community Infrastructure Levy (“CIL”) regime – which are likely to arise in the residential development sector during the current lockdown and economic downturn. The first issue is early stage viability review mechanisms, which are designed to capture a share of any increased profitability, to be used for additional on-site affordable housing provision where implementation is delayed. The second issue is CIL liability notices under The Community Infrastructure Levy Regulations 2010, SI 2010/948.’

Radcliffe Chambers, 8th Aprill 2020

Source: radcliffechambers.com

James Wilson discusses the Temporary Insolvency Practice Direction 2020 (“TIPD”) – Park Square Barristers

Posted April 20th, 2020 in administrators, chambers articles, coronavirus, courts, insolvency, news, practice directions by sally

‘On 6th April 2020 the TIPD came into force. It implements a number of changes and supplements to the Practice Direction – Insolvency Proceedings July 2018. The purpose is to avoid, where possible, parties attending court in person and the likely disruption in proceedings as a result of the COVID-19 pandemic.’

Park Square Barristers, 8th April 2020

Source: www.parksquarebarristers.co.uk

Equality and discrimination in employment during the COVID-19 Pandemic – 3PB

Posted April 20th, 2020 in chambers articles, coronavirus, emergency powers, enforcement, equality, news by sally

‘Section 4 of the Equality Act 2010 (‘EqA’) defines the protected characteristics as age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, religion or belief, sex and sexual orientation. The current public health and economic emergency that society and business face has the potential to impact upon each protected characteristic. For example, there are reports of increased racist behaviour and commentary targeting Chinese and Italian citizens. There have also been publicised grievances around a requirement to wear protective equipment and the impact on religious dress. Such issues could be tested in the courts under the provisions of the EqA.’

3PB, 7th April 2020

Source: www.3pb.co.uk

“Justice in the time of Coronavirus”: Considering Diplock Courts and Majority Verdicts in light of COVID-19 – Thomas More Chambers

Posted April 20th, 2020 in chambers articles, coronavirus, courts, juries, news, trials by sally

‘The coronavirus (COVID-19) and the government “lockdown” has bought about interesting times and the Coronavirus Act 20201, in particular ss.53-57 (with Schedules 23-27).’

Thomas More Chambers, 15th April 2020

Source: www.thomasmore.co.uk

What Does Happen When a CFA Ends Before the Claim for Damages Ends? – Hardwicke Chambers

Posted April 20th, 2020 in appeals, chambers articles, contracts, damages, news, part 36 offers by sally

‘The Appellant (‘Mrs Butler’) entered into a CFA with the Respondent solicitors, (‘Bankside’) in respect of a claim for damages against one company, Metris, for termination of a commercial agency.’

Hardwicke Chambers, 15th April 2020

Source: hardwicke.co.uk

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