‘How does this new and rapidly changing situation interact with the duties on employers to ensure the health and safety of their employees?’
39 Essex Chambers, 8th April 2020
Source: www.39essex.com
‘The Chancellor, Rishi Sunak, announced the Coronavirus Job Retention Scheme (“CJRS”) on 20th March 2020 with the aim to protect jobs during the crisis. A recent estimate is that this could cost £30-£40 billion over three months[1] and the take-up by businesses is much higher than expected such that 50% of companies are putting most of their staff into the scheme. We are all becoming familiar with the term ‘furlough’ (i.e. to allow or force someone to be absent temporarily from work) and up to nine million workers are now expected to be furloughed. The Scheme was necessarily hastily written in response to an unforeseen crisis and, despite government guidance issued on 27th March 2020 which was updated on 4th April 2020 and then again on 9th April 2020[4], employment lawyers are finding themselves advising on the gaps in the regime. The online service through which employers can make a claim is expected to be up and running by the end of April 2020 however in the interim employers, with the help of their advisors, are having to interpret the guidance to inform significant business decisions.’
Parklane Plowden, 14th April 2020
Source: www.parklaneplowden.co.uk
‘The Updated Guidance alters the scope of the CJRS in significant ways, most importantly by extending it to individuals who are not employees but are taxed through PAYE, and answers a number of questions about the way the CJRS is intended to work which were left unanswered by the Original Guidance.’
Old Square Chambers, 6th April 2020
Source: www.oldsquare.co.uk
‘The Second Respondent (‘Mr Chernukhin’) was a prominent Russian businessman and former State official. In 2001, Mr Chernukhin entered into a joint venture with the Second Appellant (‘Mr Deripaska’), also a prominent Russian businessman, to acquire a controlling interest in a Russian textile company (‘TGM’). It was agreed between Mr Deripaska and Mr Chernukhin that each would contribute equally to the purchase, and that Mr Chernukhin’s then personal partner, one Ms Danilina, would be involved in running the business.’
Hardwicke Chambers, 6th April 2020
Source: hardwicke.co.uk
‘A contract may come to an end by operation of the doctrine of frustration when an unforeseen event makes performance impossible or radically different to what the parties originally intended. The doctrine applies to employment contracts as it does to other types of contract. However, it is an issue rarely encountered by employment lawyers. Tribunals are generally reluctant to find that an employment contract has been frustrated, largely because the doctrine allows employers to sidestep statutory protections afforded to employees. However, unprecedented times call for unprecedented measures, and frustration may become a useful tool in certain employers’ fight against the disruption caused by the Covid 19 pandemic.’
Parklane Plowden, 1st April 2020
Source: www.parklaneplowden.co.uk
‘The Upper Tribunal considered the status of service charges recovered by a manager appointed under section 24 of the Landlord and Tenant Act 1987.’
Tanfield Chambers, 2nd April 2020
Source: www.tanfieldchambers.co.uk
‘The Respondent (X) had been rendered infertile due to the trust’s negligence. Liability was admitted.’
Old Square Chambers, 8th April 2020
Source: www.oldsquare.co.uk
‘On 22nd February 2012 a new method of alternative dispute resolution was launched to assist parties to resolve their family problems: arbitration. Arbitration in Family Law developed at around the time when the scope of legal aid was being restricted as a result of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 and the Regulations made pursuant to that Act.’
Pump Court Chambers, 8th April 2020
Source: www.pumpcourtchambers.com
‘On 25 March 2020, the Coronavirus Act 2020 (‘the 2020 Act’) was given Royal Assent. Most of its provisions came into force immediately (s. 87). Almost all of them will expire within two years (s. 89). As an additional safeguard, Parliament is required to conduct a review of the legislation every six months (s. 98). The 2020 Act has, at least for the time being, radically changed the appearance of proceedings in the Crown Court: there will now be hearings where neither the parties nor the judge will actually be in court at all.’
6KBW College Hill, 2nd April 2020
Source: blog.6kbw.com
‘The Covid-19 crisis, and the Government’s containment measures, have had an extraordinary effect on business and society. This article looks at the legal implications for receiverships, focussing on the effect on existing receiverships.’
Falcon Chambers, April 2020
Source: www.falcon-chambers.com
‘The Court of Appeal has upheld the decisions of two councils where reviewing officers had considered the Public Sector Equality Duty without making clear findings as to whether the applicant in each case was disabled, and concluded that those applicants were not vulnerable. Michael Paget, Zoë Whittington, Catherine Rowlands and Rowan Clapp report.’
Local Government Lawyer, 17th April 2020
Source: www.localgovernmentlawyer.co.uk
‘The UK Treasury has now published the formal rules of the Coronavirus Job Retention Scheme in the form of a Treasury direction, as well as announcing that the scheme will run until at least 30 June 2020.’
OUT-LAW.com, 17th April 2020
Source: www.pinsentmasons.com
High Court (Administrative Court)
High Court (Chancery Division)
Debenhams Retail Ltd, Re [2020] EWHC 921 (Ch) (17 April 2020)
High Court (Commercial Court)
Manchester Shipping Ltd v Balfour Shipping Ltd & Anor [2020] EWHC 915 (Comm) (17 April 2020)
High Court (Queen’s Bench Divis
Mitrasinovic v Stroud [2020] EWHC 914 (QB) (17 April 2020)
Harris v Bartrums Haulage and Storage Ltd & Anor [2020] EWHC 900 (QB) (17 April 2020)
GML International Ltd & Ors v Harfield [2020] EWHC 909 (QB) (17 April 2020)
Source: www.bailii.org
‘This article will discuss the first instance decision of DJ Adams in the case of French v Secretary of State for Business, Energy and Industrial Strategy heard in Newcastle County Court on noise-induced hearing loss.’
Parklane Plowden, 1st April 2020
Source: www.parklaneplowden.co.uk
‘In a time when we are all being urged to stay in our homes it seems appropriate to consider the recent changes to Housing Law in light of the Coronavirus pandemic. This article will consider the Coronavirus Act 2020, Practice Direction 51Z and the Guidance document issued by the Ministry of Housing, Communities and Local Government (‘Guidance’).’
Pump Court Chambers, 7th April 2020
Source: www.pumpcourtchambers.com
‘The rate of change in the legal market makes it “increasingly difficult” for the regulatory framework laid down by the Legal Services Act to remain relevant, the Solicitors Regulation Authority (SRA) has warned.’
Legal Futures, 20th April 2020
Source: www.legalfutures.co.uk
‘LPAs are crucially important documents which, like Wills, everyone should consider putting in place. They have become increasingly popular since their introduction in 2007.
It is often thought that LPAs are ‘for the elderly’ or ‘only needed if you have lost mental capacity’. However, they can, in fact, be helpful in a wide range of circumstances, not only if one has lost mental capacity and, in any event, it is important to think about LPAs before the point of loss of capacity.’
Family Law, 16th April 2020
Source: www.familylaw.co.uk
‘If you are reading this article with alacrity, chances are you are in charge of a business contemplating adoption of the Government’s Coronavirus Job Retention Scheme (the Scheme) in preference to laying-off or making redundant some or all of your workforce; that, or you will be looking to advise such people on what to include within a furlough letter.’
3PB, 7th April 2020
Source: www.3pb.co.uk
‘The Coronavirus Job Retention Scheme (“the Scheme”) was announced by the government on 20th March 2020.’
Pump Court Chambers, 4th April 2020
Source: www.pumpcourtchambers.com
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