‘If tenants are precluded by law from making use of the premises demised them, do they still have to go on paying their rent in full?’
Falcon Chambers, April 2020
Source: www.falcon-chambers.com
‘The aviation sector is in unchartered territory. Passenger air travel across the globe has virtually come to a halt, with no immediate end in sight. The plethora of issues facing airlines include rights and obligations arising out of aircraft leasing, accepting state aid to stay afloat and the prospect of passenger claims arising out of the cancellation of flights. In this article, we consider the legal implications of cancelling flights pursuant to Regulation (EC) No. 261/2004 [“the Regulation”].’
The 36 Group, 7th April 2020
Source: 36group.co.uk
‘Can a claimant in a clinical negligence claim who is unable to prove the precise mechanism by which a positive outcome would have been achieved still succeed on causation? Yes, held the Court of Appeal in Schembri v Marshall[1]. The judgment also provides a useful summary of authorities dealing with the use of statistics for causation purposes in clinical negligence cases.’
39 Essex Chambers, 8th April 2020
Source: www.39essex.com
‘The Coronavirus Act 2020 has put a hold on any existing residential possession proceedings for a period of 90 days and extended the notice period required as a precursor for any new residential possession to three months (section 81 of the Act and Practice Direction 51Z) and removed the right of re-entry or forfeiture for business tenancies for non-payment of rent until (at present) the 30th June 2020 (section 82).’
Becket Chambers, 3rd April 2020
Source: becket-chambers.co.uk
‘In this article, Gordon Wignall discusses the position of funding in England and Wales post-Chapelgate, where the automatic protection of the Arkin ‘cap’ was lifted. He also discusses grounds for the introduction of litigation funding in Ireland.’
Six Pump Court, 17th April 2020
Source: www.6pumpcourt.co.uk
‘The law concerning harm to children in deportation cases has become bleak, but a recent decision of UT Judge Keith, posted on the UT’s website as an unreported case on 19 March 2020, does point to one way forward. In it, the Home Office made a potentially significant concession as to the test for avoiding deportation in s.117C(5) of the Nationality, Immigration and Asylum Act 2002, i.e. whether deportation would have an “unduly harsh” effect on the individual’s partner or child. That test relates to those who are defined as “foreign criminals” but who have been sentenced to less than four years’ imprisonment.’
Doughty Street Chambers, 8th April 2020
Source: insights.doughtystreet.co.uk
‘Is a field trip provided by a university to undergraduates as part of a degree course a package tour? The court considered the question in McCulloch v University of Leicester (HHJ Hedley, 27 February 2020).’
39 Essex Chambers, 8th April 2020
Source: www.39essex.com
‘On the inauspicious April Fool’s Day, the Supreme Court brought a stop to the expanding course of the law of vicarious liability in two decisions which bear careful consideration and will have a significant impact on the scope for liability in the law of tort generally, beyond the particular contexts of sexual abuse and data protection litigation.’
Ropewalk Chambers, 14th April 2020
Source: www.ropewalk.co.uk
‘The Claimant (mother of the Deceased) applied to judicially review the Coroner’s decision and record of inquest on five grounds.’
Park Square Barristers, 9th April 2020
Source: www.parksquarebarristers.co.uk
‘Coronavirus, or COVID-19, is impacting all parts of our lives. Currently, the focus in the construction industry is rightly on the safety of workers still attending sites. No doubt, the future will see litigation on whether the coronavirus gives rise to extensions of time, force majeure, frustration or other legal rights or remedies.’
Practical Law Construction Blog, 15th April 2020
‘The Secretary of State for Housing, Communities and Local Government has introduced a new permitted development right for local authorities and certain health service bodies in England to carry out development with a view to tackling the coronavirus emergency.’
Local Government Lawyer, 14th April 2020
Source: www.localgovernmentlawyer.co.uk
‘As the United Kingdom is in the midst of an extended period of lockdown pursuant to the Health Protection (Coronavirus Restrictions) (England) Regulations 2020 (“the Coronavirus Regulations”), contracting parties are turning to the often overlooked force majeure clauses in their agreements.’
11 KBW, 9th April 2020
Source: www.11kbw.com
‘On 08 April 2020, Nurali Aliyev and his mother, Dariga Nazarbayeva, won a High Court challenge against Unexplained Wealth Orders (“UWOs”) that were obtained by the National Crime Agency (“NCA”). The UWOs centred on three properties based in London and valued in excess of £80m. Dr Nazarbayeva is a politician in Kazakhstan and the daughter of the former Kazakh president Nursultan Nazarbayev. The NCA, who suspected that the properties had been purchased using money embezzled by Mr Aliyev’s deceased father, have indicated that they will be appealing the High Court decision.’
Broadway House Chambers, 14th April 2020
Source: broadwayhouse.co.uk
‘This was a review hearing for a quia timet injunction against ‘car cruising’ in areas of the Claimant local authorities before His Honour Judge Worster sitting as a High Court Judge in the QBD, Birmingham District Registry. ‘Car cruising’, or ‘street cruising’ as it is sometimes defined, is a congregation of two or more motor vehicles driving dangerously or in an anti-social way so as to cause nuisance, damage or danger to the public; usually gatherings to race or perform stunts in cars, motorbikes or quad bikes, which have been a particular problem in particular parts of Birmingham.’
Hardwicke Chambers, 3rd April 2020
Source: hardwicke.co.uk
‘The Upper Tribunal’s ‘Presidential Guidance Note No 1 2020: Arrangements During The COVID-19 Pandemic’ envisages moving, in immigration and asylum cases, to a system where the UT may decide certain matters on the papers and without a hearing. At the moment these are limited to (i) whether the First-tier Tribunal made an error of law and (ii) if it did, whether its decision should be set aside.’
Doughty Street Chambers, 9th April 2020
Source: insights.doughtystreet.co.uk
‘The first judgment has now been reported on the effect of COVID-19 on a forthcoming trial. In Re One Blackfriars Ltd, Hyde v. Nygate [2020] EWHC 845(Ch), John Kimbell QC, sitting as a Deputy High Court judge, refused to adjourn a trial due to start in June but ruled that it should proceed remotely by video-link.’
4 New Square, 14th April 2020
Source: www.4newsquare.com
‘On Monday 6 April 2020, the Government brought into force new legislation in England to ban the commercial third-party sale of puppies and kittens, under six months old, by anyone other than a registered breeder.’
Pump Court Chambers, 7th April 2020
Source: www.pumpcourtchambers.com
‘At the weekend the government updated the terms of its job retention scheme, and provided clarity about what furloughed employees may do for the business. Helen Gardiner looks at the options.’
Coronavirus: Guidance for Lawyers and Businesses, 15th April 2020
‘The Working Time Regulations (“WTR”) are being amended to allow workers with outstanding holiday leave entitlement in the current holiday year to be able to carry that over for two years.’
Thomas More Chambers, 16th April 2020
Source: www.thomasmore.co.uk
‘Recent high-profile extradition cases have breathed new life into the old question of whether extradition relations between the US and the UK are imbalanced. On 12 February 2020, the Leader of the Opposition stated in Parliament “this lopsided treaty means the US can request extradition in circumstances that Britain cannot”. The Prime Minister replied: “to be frank, I think the right honourable Gentleman has a point in his characterisation of our extradition arrangements with the United States”. It is a question that has arisen time and again since the UK ratified the US/UK Extradition Treaty 2003 (‘the 2003 Treaty’). So, where does the truth of the matter lie?’
6KBW College Hill, 9th April 2020
Source: blog.6kbw.com
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