Month: April 2020

Mass Redundancy in a Covid-Crisis: Don’t Forget the Basics – Thomas More Chambers

Posted April 21st, 2020 in chambers articles, coronavirus, emergency powers, employment, news, redundancy by sally

‘Employers looking to make 20 or more employees redundant must comply with rigorous procedural safeguards under the Trade Union and Labour Relations (Consolidation) Act 1992 (“TULRCA”). Although the disruption caused by Covid-19 may force many employers to suddenly and unexpectedly consider a collective redundancy exercise, these safeguards remain unchanged by HM Government’s recent emergency legislation. Failure to follow the correct procedure can expose employers to liability for protective awards, although the current pandemic may well assist in establishing a defence of “special circumstances”.’

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Thomas More Chambers, 16th April 2020

Source: www.thomasmore.co.uk

Socially distanced courts for the digitally excluded – Transparency Project

Posted April 21st, 2020 in coronavirus, courts, equality, internet, live link evidence, news by sally

‘We have heard a lot about how the courts are responding to the coronavirus pandemic by conducting hearings online instead of in a physical court room. But while hearings by Skype and Zoom enable participants to maintain social distancing and avoid the risks of contagion, they may not work for everyone. Is there another way of delivering justice to the digitally excluded?’

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Transparency Project, 19th April 2020

Source: www.transparencyproject.org.uk

PI protocol extended after hundreds sign up – Litigation Futures

Posted April 21st, 2020 in coronavirus, law firms, limitations, news, personal injuries, time limits by sally

‘The protocol aimed at cutting out opportunistic tactics by either claimants or defendants in personal injury (PI) cases during the Covid-19 pandemic has been extended to at least 20 May.’

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Litigation Futures, 20th April 2020

Source: www.litigationfutures.com

Christopher Rafferty discusses Non-statutory guidance in the private and social rented sectors – Park Square Barristers

Posted April 21st, 2020 in chambers articles, coronavirus, housing, landlord & tenant, news by sally

‘In these strange and confusing times, every aspect of our legal system has been touched by delays, adjournments, revision and fundamental change. The management of housing, so reliant on face-to-face contact at all stages, has been subject to significant amendment.’

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Park Square Barristers, 14th April 2020

Source: www.parksquarebarristers.co.uk

COVID-19 Legislation: The uncertainty is infectious – St John’s Buildings

Posted April 21st, 2020 in chambers articles, coronavirus, emergency powers, enforcement, freedom of movement, news, statutory interpretation by sally

‘Society is experiencing the biggest Government led restriction of movement since the Second World War, instigated by The Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 which came into force at 1pm on 26th March 2020.’

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St John's Buildings, 15th April 2020

Source: stjohnsbuildings.com

Oliver Butler: Elgizouli v Secretary of State for the Home Department: The Fundamental Rights and Freedoms of the Data Subject – UK Constitutional Law Association

Posted April 21st, 2020 in constitutional law, data protection, death penalty, disclosure, execution, foreign jurisdictions, government departments, human rights, news, prerogative powers, Supreme Court by sally

‘Many will no doubt pore over the Supreme Court’s recent judgment in Elgizouli v Secretary of State for the Home Department to evaluate its significance for the common law constraint of prerogative power. Ultimately, however, the Supreme Court held that it was not the common law but rather a failure by the Home Secretary to consider his duties under the Data Protection Act 2018 that rendered the decision in question unlawful. This post considers the significance of the Data Protection Act 2018 for protecting the fundamental rights and freedoms of data subjects. Although the narrow ground upon which the judgment was decided will offer some procedural protections for fundamental rights and freedoms, the case’s significance lies in its suggestion as to how data protection law might offer some scope for extending the extraterritorial application of human rights beyond the limits of the European Convention on Human Rights.’

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UK Constitutional Law Association, 17th April 2020

Source: ukconstitutionallaw.org

Coronavirus and the Proceduralisation of Rights – Oxford Human Rights Hub

Posted April 21st, 2020 in constitutional law, coronavirus, emergency powers, human rights, judicial review, news by sally

‘The House of Lords Constitution Committee recently published its recommendations in relation to the government’s fast-tracked Coronavirus Bill 2020. The House of Lords debates have welcomed the government’s decision not to derogate from the ECHR (in contrast to several other contracting parties). However, in seeking to ensure ECHR-compliance of the proposed scheme, the Committee placed significant emphasis on the availability of judicial review and administrative oversight of the powers contained therein to ensure their legality and constitutional acceptability. In this piece I suggest that, whilst these suggestions are no doubt welcome, the Committee’s focus on procedure rather than on the substantive requirements of human rights is indicative of wider concerning trends in human rights discourse.’

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Oxford Human Rights Hub, 9th April 2020

Source: ohrh.law.ox.ac.uk

Remote Hearings: A Practical Guide to Case Management – 3PB

Posted April 21st, 2020 in case management, chambers articles, coronavirus, courts, live link evidence, news, remote hearings by sally

‘It is a brave new world. The lockdown brought about by the coronavirus crisis is forcing the hand of our infamously old-fashioned profession to adapt quickly or lose myriad court dates; leaving our clients without satisfactory and timely resolutions to their disputes.’

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3PB, 19th April 2020

Source: www.3pb.co.uk

Is the Lockdown Lawful? An overview of the debate – UK Human Rights Blog

Posted April 21st, 2020 in coronavirus, emergency powers, enforcement, human rights, news, statutory interpretation by sally

‘The Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 were made by the Health Secretary on 26 March 2020. Understandably, given the speed with which the crisis was and still is developing, the Regulations were made using a statutory emergency procedure, meaning that they were not subject to Parliamentary scrutiny. They have yet to be challenged in the courts. In the meantime, a lively and important debate has developed about whether those regulations are lawful.’

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UK Human Rights Blog, 20th April 2020

Source: ukhumanrightsblog.com

Lessons to be Learned from the Marie Dinou Case – Pump Court Chambers

Posted April 21st, 2020 in chambers articles, coronavirus, emergency powers, enforcement, news, police by sally

‘Marie Dinou, the woman from York convicted of a non-existent coronavirus offence after being found “loitering between platforms” at Newcastle railway station was lucky to be charged with something newsworthy. Had hers been a mundane motoring charge it is highly unlikely that anyone would have spotted that her treatment by the police and the justice system was stupid, incompetent and unlawful.’

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Pump Court Chambers, 7th April 2020

Source: www.pumpcourtchambers.com

Met to review role of school police officers after legal challenge – The Guardian

Posted April 21st, 2020 in education, equality, judicial review, news, police, proportionality, race discrimination, school children by sally

‘The Metropolitan police are to review the role of officers in schools after a legal challenge raised concerns that they could have a disproportionately negative effect on pupils from black and minority ethnic groups.’

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The Guardian, 20th April 2020

Source: www.theguardian.com

Rowing back on vicarious liability – Law Society’s Gazette

Posted April 21st, 2020 in compensation, data protection, doctors, employment, news, sexual offences, Supreme Court, vicarious liability by sally

‘Two judgments from the Supreme Court have set restrictions on the scope of vicarious liability. In Barclays Bank v Various Claimants [2020] UKSC 13 the test was whether the tortfeasor was in fact the ‘employee’ of the employer. The claimants alleged that they had suffered sexual abuse by a GP hired by the bank to carry out medical assessments of employees.’

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Law Society's Gazette, 20th April 2020

Source: www.lawgazette.co.uk

European Court of Human Rights to Consider Impact of Covid-19 – UK Human Rights Blog

Posted April 21st, 2020 in coronavirus, detention, drug offences, health, human rights, imprisonment, news by sally

‘The applicant in Hafeez is a sixty-year old man with a number of health conditions, including diabetes and asthma. He was arrested pursuant to a request by the US Government for his extradition on drugs charges. He challenges the decision to extradite him, arguing that his pre-conviction and post-conviction detention conditions in the US would be inhuman and degrading; and that there is a real risk that he would be sentenced to life imprisonment without the possibility of parole.’

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UK Human Rights Blog, 18th April 2020

Source: ukhumanrightsblog.com

Case Comment: Barclays Bank Plc v Various Claimants [2020] UKSC 13 – UKSC Blog

Posted April 21st, 2020 in appeals, class actions, compensation, doctors, employment, news, sexual offences, Supreme Court, vicarious liability by sally

‘Alaina Wadsworth, Chris Horsefield and Ben Brown, who all work within the Insurance & Reinsurance Group at CMS, comment on the decision handed down by the UK Supreme Court earlier this month, in the matter of Barclays Bank Plc v Various Claimants [2020] UKSC 13.’

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UKSC Blog, 20th April 2020

Source: ukscblog.com

Covid 19 Employment Law Series: Insolvent Employers, Redundancy, and Covid 19 – Parklane Plowden

Posted April 21st, 2020 in chambers articles, coronavirus, employment, insolvency, news, redundancy by sally

‘Covid 19 has already had a tragic impact upon the health of many in the UK. One notable other consequence however, has been the impact upon the British economy.’

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Parklane Plowden, 3rd April 2020

Source: www.parklaneplowden.co.uk

Does CRAR mean the right to forfeiture is waived? Commercial landlords should carefully consider their options… – Tanfield Chambers

Posted April 21st, 2020 in chambers articles, forfeiture, landlord & tenant, leases, news, rent by sally

‘The procedure by which a landlord may recover arrears of rent in relation to commercial premises was fundamentally changed several years ago. Chapter 2 of the Tribunals, Courts and Enforcement Act 2007 abolished the common law right to distrain for arrears of rent, replacing it with the commercial rent arrears recovery procedure (‘CRAR’). But what has been the impact of this change on whether a landlord taking enforcement action to recover arrears waived his right to forfeiture of a lease?’

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Tanfield Chambers, 9th April 2020

Source: www.tanfieldchambers.co.uk

Grenfell Tower inquiry could resume by Zoom videolink – The Guardian

Posted April 21st, 2020 in accidents, bereavement, coronavirus, families, fire, housing, inquiries, live link evidence, news by sally

‘The public inquiry into the Grenfell Tower disaster could resume in virtual form with evidence taken by Zoom videolink, its senior legal adviser has told bereaved people and survivors.’

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The Guardian, 21st April 2020

Source: www.theguardian.com

Recent Statutory Instruments – legislation.gov.uk

Posted April 21st, 2020 in legislation by tracey

The Education (National Curriculum) (Key Stages 1 and 2 Assessment Arrangements) (England) (Coronavirus) (Amendment) Order 2020

The Competition Act 1998 (Health Services for Patients in Wales) (Coronavirus) (Public Policy Exclusion) Order 2020

Source: www.legislation.gvo.uk

BAILII: Recent Decisions

Posted April 21st, 2020 in law reports by tracey

High Court (Administrative Court)

Mallya v Government of India [2020] EWHC 924 (Admin) (20 April 2020)

High Court (Patents Court)

Akebia Therapeutics Inc v Fibrogen, Inc [2020] EWHC 866 (Pat) (20 April 2020)

High Court (Queen’s Bench Division)

Slade v Abbhi [2020] EHWC 935 (QB) (20 April 2020)

Bonsor v Bio Collectors Ltd [2020] EWHC 918 (QB) (20 April 2020)

Source: www.bailii.org

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.’

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33 Bedford Row, 10th April 2020

Source: www.33bedfordrow.co.uk