22/04/2020 – Current Awareness

A disproportionate interference: the Coronavirus Regulations and the ECHR — Francis Hoar – UK Human Rights Blog

Posted April 22nd, 2020 in coronavirus, emergency powers, government departments, human rights, news, proportionality, statutory interpretation by sally

‘The ‘lockdown’ imposed by the government to contain the coronavirus and Covid 19, the disease it causes has been enforced mainly through the Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 (‘the Regulations’), imposed under powers delegated by the Public Health (Control of Disease) Act 1984 (‘the 1984 Act’).’

UK Human Rights Blog, 21st April 2020

Source: ukhumanrightsblog.com

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 22nd, 2020 in chambers articles, coronavirus, emergency powers, enforcement, government departments, 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

The Health Protection (Coronavirus Restrictions) Regulations 2020 – Pump Court Chambers

Posted April 22nd, 2020 in chambers articles, coronavirus, emergency powers, health, news, statutory interpretation by sally

‘Justin Gau introduces us to The Health Protection (Coronavirus Restrictions) Regulations 2020. The regulations were introduced as a response to the serious and imminent threat to public health posed by the Coronavirus. In accordance with section 45R of the Public Health (Control of Disease) Act 1984, the Secretary of State was of the opinion that, by reason of urgency, it was necessary to make this statutory instrument without a draft having been laid before, and approved by each House of Parliament.’

Pump Court Chambers, 17th April 2020

Source: www.pumpcourtchambers.com

Covid-19 and homelessness applications – Doughty Street Chambers

Posted April 22nd, 2020 in chambers articles, coronavirus, homelessness, housing, local government, news by sally

‘The onset of Covid-19 gave rise to a massive effort to provide health care services and accommodation for homeless persons. This includes not just those people who are rough sleeping, but also those otherwise at risk without a home, such as those living in hostels and B&B accommodation. A range of organisations have assisted in this process, from medical health professionals to local authorities, who have procured empty hotels and other spaces for homeless persons to self-isolate as well as acted on the government’s guidance to keep temporary accommodation open.’

Doughty Street Chambers, 17th April 2020

Source: insights.doughtystreet.co.uk

Court hearings via video ‘risk unfairness for disabled people’ – The Guardian

Posted April 22nd, 2020 in coronavirus, courts, disability discrimination, disabled persons, equality, learning difficulties, live link evidence, news, remote hearings by sally

‘Remote video trials could disadvantage people with learning disabilities, the equalities watchdog has warned, as courts switch to online hearings during the coronavirus crisis.’

The Guardian, 22nd April 2020

Source: www.theguardian.com

To Me, To You: Offsetting Costs and QOCS Are Compatible, For Now. Siu Lai Ho V Seyi Adelekun [2020] EWCA Civ 517 – Parklane Plowden

Posted April 22nd, 2020 in appeals, chambers articles, civil procedure rules, costs, news, personal injuries by sally

‘The original dispute pertained to a claim (issued by the Respondent in these proceedings) which started under, and then exited, the Low Value Personal Injury Claims in Road Traffic Accidents Protocol. On the first visit to the Court of Appeal, the issue was whether the Appellant’s (the Defendant in the original dispute) cost liability in respect of the ex-portal claim was limited to fixed costs. The Court of Appeal held that the fixed costs regime for which Section IIIA of CPR Part 45 provides was applicable and the parties had not contracted out of fixed costs. Absent any application by the Respondent pursuant to CPR 45.29J for a higher amount by reason of “exceptional circumstances”, the Respondent was thus entitled to £16,705.15 in respect of her costs of the claim. Resultingly, both parties had cost liabilities: the Appellant in regards to the ex-portal claim, and the Respondent in respect of the appeal.’

Parklane Plowden, 17th April 2020

Source: www.parklaneplowden.co.uk

Campaigners take legal action over £27bn UK road-building scheme – The Guardian

Posted April 22nd, 2020 in climate change, environmental protection, news, planning, roads, transport by sally

‘Campaigners have launched a legal challenge to try to prevent billions of pounds of taxpayers’ money being spent on a huge road-building programme, which they say breaches the UK’s legal commitments to tackle the climate crisis and air pollution.’

The Guardian, 21st April 2020

Source: www.theguardian.com

Covid-19 testing extended to frontline court staff and judges – Law Society’s Gazette

Posted April 22nd, 2020 in coronavirus, courts, employment, health, health & safety, HM Courts Service, judiciary, news by sally

‘HM Courts & Tribunals Service says decisions on personal protective equipment are in line with official guidance following enquiries by the Gazette about what measures are being taken to protect staff at courts being kept open during the pandemic.’

Law Society's Gazette, 21st April 2020

Source: www.lawgazette.co.uk

Is there property in an (expert) witness? (A company v X and others) – Hardwicke Chambers

Posted April 22nd, 2020 in chambers articles, expert witnesses, fiduciary duty, injunctions, news by sally

‘A company v X and others [2020] EWHC 809 (TCC): At the return date hearing of an ex parte injunction, the court was required to consider whether the general principle that there is no property in a witness applied to expert witnesses. That question was dependent on whether an expert witness owed a specific fiduciary duty of undivided loyalty to the instructing client. The court decided that this was a case where a fiduciary duty was owed, that the duty of undivided loyalty extended to the experts’ group companies, and there was a potential conflict of interest. The injunction was maintained pending trial or other resolution of the dispute.’

Hardwicke Chambers, 19th April 2020

Source: hardwicke.co.uk

McFarlane: Remote hearing on future of child a step too far – Legal Futures

Posted April 22nd, 2020 in child cruelty, children, coronavirus, delay, expert witnesses, families, family courts, live link evidence, local government, news, remote hearings by sally

‘It is not appropriate for a 15-day hearing into whether a mother has harmed her seven-year-old daughter to be held remotely, the president of the Family Court has ruled.’

Legal Futures, 22nd April 2020

Source: www.legalfutures.co.uk

Unauthorised member payments out of registered pension schemes (Court of Appeal—Clark v HMRC) – Wilberforce Chambers

Posted April 22nd, 2020 in appeals, chambers articles, news, pensions, taxation by sally

‘In the Court of Appeal decision of Clark v HMRC, the court held that in considering whether the tax charge imposed on unauthorised member payments under sections 208 to 210 of the Finance Act 2004 (FA 2004) applied, the question of whether a ‘payment’ had been made was to be answered by looking at the practical, business reality of the transaction. Applying that approach, on the facts of the case, a transfer of legal title without beneficial title did constitute a ‘payment’. The Court of Appeal also provided important guidance as to the operation of the discovery provisions within section 29 of the Taxes Management Act 1970 (TMA 1970), including the question of how the scope of a discovery assessment is to be delimited. Written by Jonathan Davey QC of Wilberforce Chambers and Sam Chandler of 5 Stone Buildings, who acted for HMRC.’

Wilberforce Chambers, 15th April 2020

Source: www.wilberforce.co.uk

Baby deaths scandal ‘could be one of largest in history of NHS’ – The Guardian

Posted April 22nd, 2020 in bereavement, birth, causing death of children or vulnerable adults, children, families, hospitals, inquiries, news, statistics by sally

‘Hundreds more cases of baby deaths, stillbirths and brain damage raising “very serious” concerns have been uncovered in a scandal that now threatens to be one of the worst in the history of the NHS.’

The Guardian, 21st April 2020

Source: www.theguardian.com

Commercial Court refuses split liability and quantum trial in cartel competition damages claim which included a ‘follow on claim’ (Daimler AG v Walleniusrederierna Aktiebolag) – Henderson Chambers

Posted April 22nd, 2020 in chambers articles, Commercial Court, competition, damages, news by sally

‘Bryan J refused an application for a split trial in a partial follow-on cartel competition claim. Even though part of the claims were standalone, it was always going to be difficult to persuade the court into a split trial (liability and quantum) where the follow-on claims require no liability findings. Written by Adam Heppinstall, barrister, at Henderson Chambers.’

Henderson Chambers, 16th April 2020

Source: www.hendersonchambers.co.uk

COVID-19 – trespasser possession and injunction proceedings – Application of the new Civil Procedure Rule Practice Direction 51Z – St Ives Chambers

Posted April 22nd, 2020 in chambers articles, civil procedure rules, coronavirus, emergency powers, hospitals, injunctions, news, practice directions, repossession, trespass by sally

‘The back drop to this case is that the new Practice Direction CPR 51Z effectively stays possession proceedings and enforcement issued pursuant to CPR 55 for 90 days from March 2020.’

St Ives Chambers, 16th April 2020

Source: www.stiveschambers.co.uk

Right to rent rule ‘justified’ finds UK appeal court – The Guardian

Posted April 22nd, 2020 in appeals, government departments, housing, immigration, landlord & tenant, news, race discrimination by sally

‘The government has won an appeal over its controversial right to rent scheme, which was last year ruled by the high court to be racially discriminatory.’

The Guardian, 21st April 2020

Source: www.theguardian.com

Recent Statutory Instruments – legislation.gov.uk

Posted April 22nd, 2020 in legislation by tracey

The Civil Legal Aid (Procedure) (Amendment) Regulations 2020

The International Tax Compliance (Amendment) Regulations 2020

The Football Spectators (2020 UEFA European Championship Control Period) (Coronavirus) (Revocation) Order 2020

The Safety of Sports Grounds (Designation) (Amendment) (No. 2) Order 2020

Source: www.legislation.gov.uk

Have you unjustly refused to mediate – 33 Bedford Row

Posted April 22nd, 2020 in chambers articles, dispute resolution, news by sally

‘If a party is a signatory to a pre-existing dispute clause, that will normally be binding upon them save for specific circumstances outside the scope of this article. Our present focus is where disputants are not bound to mediate, but one side proposes mediation.’

33 Bedford Row, April 2020

Source: www.33bedfordrow.co.uk

Fisheries Bill 2020: What Does it have in Stock? – UK Human Rights Blog

Posted April 22nd, 2020 in bills, brexit, EC law, environmental protection, fisheries, news by sally

‘The Fisheries Bill 2020, part of the government’s core legislative program on post-Brexit environmental policy, is currently in the House of Lords at committee stage, and is expected to receive royal assent in the coming months (although exactly when is subject to how successfully the House of Lords can adapt to meeting via Microsoft Teams). It would establish Britain’s departure from the Common Fisheries Policy (CFP) on January 1st 2021, and sets out how fishing rights would work post transition period and CFP.’

UK Human Rights Blog, 21st April 2020

Source: ukhumanrightsblog.com

The impact of Coronavirus, part 5: the Coronavirus Act 2020 – 6KBW College Hill

Posted April 22nd, 2020 in chambers articles, coronavirus, emergency powers, enforcement, news, proportionality, statutory interpretation by sally

‘As Hippocrates remarked at the height of the Plague of Athens in 430BC, desperate times call for desperate measures. The deadly coronavirus has brought forth desperate measures almost everywhere, and the keystone of this country’s response to the crisis is the Coronavirus Act 2020. This post focusses on some key aspects of it, asking how the new offences relating to “potentially infectious” persons are defined and whether the Act as a whole is necessary.’

6KBW College Hill, 16th April 2020

Source: blog.6kbw.com

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