Month: April 2020

Court of Appeal’s judgment in the case of James v Hertsmere Borough Council: What does it mean for jurisdiction of County Court? – Garden Court Chambers

Posted April 17th, 2020 in appeals, chambers articles, contracting out, county courts, homelessness, housing, local government, news by sally

‘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?’

Full Story

Garden Court Chambers, 2nd April 2020

Source: www.gardencourtchambers.co.uk

A Procedural Roadmap for Easement Claims – St Ives Chambers

Posted April 17th, 2020 in chambers articles, easements, news by sally

‘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.’

Full Story

St Ives Chambers, 8th April 2020

Source: www.stiveschambers.co.uk

Value Based Charging and Electronic Disclosure – Ropewalk Chambers

Posted April 17th, 2020 in chambers articles, civil procedure rules, disclosure, documents, electronic filing, news, practice directions by sally

‘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.’

Full Story

Ropewalk Chambers, 6th April 2020

Source: www.ropewalk.co.uk

Morrison: It May Not Be Over Yet: Vicarious Liability Explained by the Supreme Court (Liability of Joint Controllers Unaffected) – The 36 Group

Posted April 17th, 2020 in appeals, damages, data protection, employment, news, Supreme Court, vicarious liability by sally

‘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.’

Full Story

The 36 Group, 14th April 2020

Source: 36group.co.uk

Delimiting Vicarious Liability in the Context of Independent Contractors – 12 King’s Bench Walk

Posted April 17th, 2020 in chambers articles, contracting out, damages, doctors, employment, news, sexual offences, Supreme Court, vicarious liability by sally

‘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.’

Full Story

12 King's Bench Walk, 3rd April 2020

Source: www.12kbw.co.uk

Vicarious Liability – the move is over – Hailsham Chambers

Posted April 17th, 2020 in appeals, chambers articles, damages, data protection, doctors, employment, news, sexual offences, Supreme Court, vicarious liability by sally

‘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.’

Full Story

Hailsham Chambers, 9th April 2020

Source: www.hailshamchambers.com

The Interplay of the Coronavirus Job Retention Scheme & Holiday by Adam Willoughby – Broadway House Chambers

Posted April 17th, 2020 in chambers articles, contract of employment, coronavirus, employment, holiday pay, holidays, news by sally

‘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.’

Full Story

Broadway House Chambers, 9th April 2020

Source: broadwayhouse.co.uk

Conducting winding up petitions on Skype – Hardwicke Chambers

Posted April 17th, 2020 in chambers articles, coronavirus, courts, live link evidence, news, winding up by sally

‘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.’

Full Story

Hardwicke Chambers, 2nd April 2020

Source: hardwicke.co.uk

Civil Procedure, Human Rights and the Coronavirus (Part 1) – Blackstone Chambers

Posted April 17th, 2020 in chambers articles, civil justice, coronavirus, courts, human rights, live link evidence, news by sally

‘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?’

Full Story

Blackstone Chambers, 18th March 2020

Source: coronavirus.blackstonechambers.com

Limitation and Time Limits in Civil Litigation: Implications of Covid 19 – 23 Essex Street

Posted April 17th, 2020 in chambers articles, civil justice, coronavirus, limitations, news, sanctions, time limits by sally

‘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.’

Full Story

23 Essex Street, 9th April 2020

Source: www.23es.com

Coronavirus Restrictions: local authority enforcement powers – narrower than you might think – Francis Taylor Building

Posted April 17th, 2020 in chambers articles, coronavirus, emergency powers, enforcement, freedom of movement, local government, news, police, statutory interpretation by sally

‘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.’

Full Story

Francis Taylor Building, 9th April 2020

Source: www.ftbchambers.co.uk

The Curse of Covid-19: A Fresh Look at Force Majeure and Frustration – Forum Chambers

Posted April 17th, 2020 in chambers articles, contracts, coronavirus, news by sally

‘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.’

Full Story

Forum Chambers, 7th April 2020

Source: www.forumchambers.com

The Release of Prisoners (Alteration of Relevant Proportion of Sentence) Order 2019 – An Update – St Ives Chambers

Posted April 17th, 2020 in chambers articles, delay, early release, news, prisons, sexual offences, violent offenders by sally

‘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.’

Full Story

St Ives Chambers, 10th April 2020

Source: www.stiveschambers.co.uk

Workchain: unauthorised data access is a serious offence for companies and their officers – Henderson Chambers

Posted April 17th, 2020 in appeals, chambers articles, coronavirus, data protection, employment, internet, news, pensions by sally

‘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”).’

Full Story

Henderson Chambers, 3rd April 2020

Source: 3yf6pp3bqg8c3rycgf1gbn9w-wpengine.netdna-ssl.com

Three Month Moratorium on Consumer Credit Debts – Henderson Chambers

Posted April 17th, 2020 in chambers articles, consumer credit, coronavirus, debts, delay, financial regulation, financial services ombudsman, interest, news by sally

‘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.’

Full Story

Henderson Chambers, 9th April 2020

Source: 3yf6pp3bqg8c3rycgf1gbn9w-wpengine.netdna-ssl.com

Unexplained Wealth Orders Discharged – 23 Essex Street

Posted April 17th, 2020 in chambers articles, news, proceeds of crime, whistleblowers by sally

‘In a reserved Judgment following a two day hearing in March this year Mrs Justice Lang has discharged 3 Unexplained Wealth Orders (“UWO” or “UWOs”) and related Interim Freezing Orders (“IFO” or “IFOs”).’

Full Story

23 Essex Street, 8th April 2020

Source: www.23es.com

Causation in whistleblowing cases – St John’s Buildings

Posted April 17th, 2020 in causation, chambers articles, disclosure, employment, news, whistleblowers by sally

‘A worker has the right not to be subjected to a detriment on the ground that s/he has made a protected disclosure. However, the test of whether the protected disclosure was the reason in the employer’s mind for subjecting the worker to the detriment, and the placement of the burden of proving the same, can be confusing. Hopefully, this short note clarifies matters.’

Full Story

St John's Buildings, April 2020

Source: stjohnsbuildings.com

Wm Morrison Supermarkets Plc v Various Claimants & Barclays Bank Plc v Various Claimants – Old Square Chambers

Posted April 17th, 2020 in appeals, chambers articles, data protection, doctors, employment, news, sexual offences, Supreme Court, vicarious liability by sally

‘The Supreme Court has handed down two new judgments addressing the legal limits of vicarious liability in employment and non-employment cases.’

Full Story

Old Square Chambers, April 2020

Source: www.oldsquare.co.uk

Gareth Evans: Devolution in Wales: From Assembly to Parliament – UK Constitutional Law Association

Posted April 17th, 2020 in constitutional law, devolution, news, Wales by sally

‘On 6 May 2020, the National Assembly for Wales (hereafter “the Assembly”) will officially be renamed, adopting the new title of Senedd Cymru / Welsh Parliament. The change comes as a result of section 9 of the Wales Act 2017, amending the Government of Wales Act 2006 (hereafter “GOWA”) to include the new section 111A which transfers to the Assembly the power to legislate on matters relating to its electoral and operational arrangements.’

Full Story

UK Constitutional Law Association, 15th April 2020

Source: ukconstitutionallaw.org

Full-time carer crowd funds investigation into legal challenge over failure to increase Carer’s Allowance during coronavirus pandemic – Local Government Lawyer

Posted April 17th, 2020 in benefits, carers, coronavirus, disabled persons, families, news by sally

‘A mother who cares full-time for her severely disabled daughter is crowdfunding an investigation into the potential for a legal challenge over the government’s decision not to increase the Carer’s Allowance in line with other benefits in response to the COVID-19 outbreak.’

Full Story

Local Government Lawyer, 14th April 2020

Source: www.localgovernmentlawyer.co.uk