BAILII: Recent Decisions
High Court (Family Division)
Maughan v Wilmot [2020] EWHC 885 (Fam) (16 April 2020)
Source: www.bailii.org
Month: April 2020
Coronavirus: a frustrating situation – Falcon Chambers
‘The UK is currently grappling with what is hoped to be the peak of the Coronavirus crisis. Landlords and tenants have both been hit: government guidance and legislation has prevented many tenants from using premises as they expected, and prevented landlords from forfeiting leases or seeking possession. Both may feel that they are locked into a bargain that they could not have anticipated and want to escape from. But can they?’
Falcon Chambers, April 2020
Source: www.falcon-chambers.com
Cremation under coronavirus restrictions – Law & Religion UK
‘As the coronavirus pandemic progresses, a recent indication of the development of funeral practices was given by The Guardian headline “UK councils begin to ban funeral ceremonies due to coronavirus“. Although dated 4 April, changes were being introduced by Leeds City Council as early as 20 March when it was announced that new funeral bookings (in Leeds) would be “cremation only”’ with no attendees.’
Law & Religion UK, 15th April 2020
Source: www.lawandreligionuk.com
Lawyers versus climate change – the Climate Contract Playbook – Technology Law Update
‘The 2015 Paris Agreement committed governments to reduce their greenhouse gas emissions to keep global warming below 2°C, and drive efforts to limit the rise to 1.5°C. The UK Government has since revised the Climate Change Act 2008 to implement a target to reach net zero emissions by 2050.’
Technology Law Update, 1st April 2020
Source: www.technology-law-blog.co.uk
Government faces legal action over failure to produce guidance on prioritisation of NHS treatment if demand outstrips supply – Local Government Lawyer
‘Disability campaigners have threatened the Secretary of State for Health & Social Care and NHS England with a potential judicial review challenge over the failure to publish guidance on how NHS treatment for COVID-19 will be prioritised if demand outstrips supply.’
Local Government Lawyer, 14th April 2020
Source: www.localgovernmentlawyer.co.uk
Government acted unlawfully in assisting USA to prosecute IS fighter — an extended look – UK Human Rights Blog
‘Since signing the Sixth Protocol to the European Convention in 1999, the UK has refused to extradite or deport persons to countries where they are facing criminal charges that carry the death penalty.’
UK Human Rights Blog, 14th April 2020
Source: ukhumanrightsblog.com
Child arrangement applications during the Coronavirus pandemic: A practical guide – 5SAH
‘The family court have put arrangements in place so that it can continue to process applications for child arrangements during the coronavirus pandemic.’
5SAH, 6th April 2020
Source: www.5sah.co.uk
Crossley & Ors v Volkswagen Aktiengesellschaft (the “VW NOx Emissions Group Litigation”) – Blackstone Chambers
‘The High Court has today handed down judgment in the VW NOx Emissions Group Litigation – the class action arising out of what is often described as the ‘emissions scandal’. Following a two-week trial of two preliminary issues, Mr Justice Waksman has found that the controversial engine software function amounts to a ‘defeat device’ for the purpose of EU law, and that previous findings of the relevant German authorities were binding on the High Court in that respect.’
Blackstone Chambers, 6th April 2020
Source: www.blackstonechambers.com
Judges cannot be expected to undertake their full list remotely: senior members of judiciary warn – Local Government Lawyer
‘All judges and leadership judges need to recognise that doing as much as possible remotely “does not mean, and cannot mean, trying to do everything remotely”, there senior members of the judiciary have warned.’
Local Government Lawyer, 15th April 2020
Source: www.localgovernmentlawyer.co.uk
Managing Enfranchisement Claims during the Coronavirus Pandemic – Falcon Chambers
‘Leasehold enfranchisement and right to manage practitioners are used to dealing with unexpected developments, tight deadlines and strict rules. They ought therefore to be well placed to manage the difficulties presented by the Coronavirus crisis. Nonetheless, the present circumstances are undoubtedly challenging for those acting for landlords or tenants in enfranchisement, lease extension and right to manage matters.’
Falcon Chambers, April 2020
Source: www.falcon-chambers.com
Modification of Leasehold Covenants: The latest decision – Falcon Chambers
‘In its latest decision on the modification of restrictive covenants in leases under s. 84, the Lands Tribunal has refused to modify a use covenant in a long lease prohibiting the use of the demised premises in question as a hotel.’
Falcon Chambers, April 2020
Source: www.falcon-chambers.com
A guide to the future ahead for TUPE and insolvency – Littleton Chambers
‘On Easter Monday, 13 April 2020, the High Court (Snowden J presiding) handed down its judgment in the matter of Carluccio’s Limited (in administration) [2020] EWHC 886 (Ch). To add to the Easter joy, the furlough guidance was amended on 9 April 2020 and the judgment had to embrace the amended guidance. One of the clarifying amendments on 9 April was the confirmation that employees who transfer under TUPE after 28 February 2020 may be placed, or continue, on furlough. This has practical implications in the light of this judgment.’
Littleton Chambers, 14th April 2020
Source: www.littletonchambers.com
Council wins appeal in case where relevant policies of development plan pointed “in different directions” – Local Government Lawyer
‘Cornwall Council has won an appeal over whether its grant of planning permission for new holiday lodges was lawful in a case where relevant policies of the development plan pointed “in different directions”.’
Local Government Lawyer, 15th April 2020
Source: www.localgovernmentlawyer.co.uk
Tom Hickman: Eight ways to reinforce and revise the lockdown law – UK Constitutional Law Association
‘The Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 and the counterpart regulations in Wales, Northern Ireland and Scotland, impose the most drastic restrictions on liberty ever seen in the United Kingdom. On 16 April 2020 they reach their first review point and it is a clear that they will be continued, probably initially for a further period of three weeks and thereafter quite likely for a much longer period either in their current form or in modified form.’
UK Constitutional Law Association, 16th April 2020
Source: ukconstitutionallaw.org
Covid-19: Offering blood, toil, tears and sweat: Emergency Volunteers and the Law – Cloisters
‘Over 750,000 volunteers have signed up to the government’s scheme to assist the NHS and social services during the coronavirus outbreak. For those coming from another job, what employment protection do these volunteers have? The Minister introduced this aspect of the emergency legislation, the Coronavirus Act 2020, by saying “The Bill protects the income and the employment status of those who volunteer in the health and social care system. Volunteers will play a critical role in relieving the pressure on frontline clinicians and social care staff”. Sections 8, Schedule 7 and section 9 provide for ‘emergency volunteer leave’ (EVL). In this blog, the seventh in a Covid-19 series, Declan O’Dempsey and Tom Gillie answer the following pressing questions: What is EVL? Who may take it, and what should employers do if staff request to do so? The provisions of the Act are not in force at the time of writing. The situation is however a very fast moving one.’
Cloisters, 3rd April 2020
Source: www.cloisters.com
Covid-19: Furlough and job retention: Key issues for Employment Lawyers – Cloisters
‘Employers are making difficult choices at this time in situations which have never affected their workplaces before. As fresh guidance is issued and new headlines emerge, the next legal queries evolve. This blog by Daniel Dyal examines the interplay between the workplace and the coronavirus. It has been updated in light of the further guidance issued on 9 April 2020.’
Cloisters, 11th April 2020
Source: www.cloisters.com
Tougher penalties proposed for attacks on UK emergency workers- The Guardian
‘Judges will be able to impose tougher punishments on anyone convicted of assaulting emergency workers or threatening to transmit diseases under sentencing guidelines proposals published on Thursday.’
The Guardian, 16th April 2020
Source: www.theguardian.com
Overriding interest trumped by overreaching – Radcliffe Chambers
‘It was in City of London Building Society v Flegg that the House of Lords notably considered the position of overriding interests and those interests said to overreach them in the context of a mortgage of a property occupied by a third party. The courts had reason to revisit this area of the law much more recently in Baker v Craggs when the owner of the dominant tenement of an easement claimed that his interest overreached the overriding interest of the owner of the servient tenement. Now, in an ex tempore judgment given on the 19th March 2020, Jeremy Hyam QC, sitting as a Recorder in the County Court at Bristol, has adjudicated upon a similar issue in the case of Knight v Fernley in which the unregistered purchaser of a property who had gone into actual occupation of it claimed that her interest overrode that of a later transferee of the very same land.’
Radcliffe Chambers, 31st March 2020
Source: radcliffechambers.com
Firm that missed email and released funds given all-clear by High Court – Tanfield Chambers
‘Proceedings against a law firm which overlooked instructions sent to its ‘contact us’ email address and subsequently released £377,000 from its client account have been dismissed by the High Court.’
Tanfield Chambers, 15th April 2020
Source: www.tanfieldchambers.co.uk
Vicarious liability – ‘on the move’ no longer – Parklane Plowden
‘For the last 20 years the boundaries of vicarious liability have expanded. In this article Roger Quickfall discusses how the Supreme Court has brought much needed clarity.’
Parklane Plowden, 7th April 2020
Source: www.parklaneplowden.co.uk
