Month: April 2020

Commercial Court refuses split liability and quantum trial in cartel competition damages claim which included a ‘follow on claim’ (Daimler AG v Walleniusrederierna Aktiebolag) – Henderson Chambers

Posted April 22nd, 2020 in chambers articles, Commercial Court, competition, damages, news by sally

‘Bryan J refused an application for a split trial in a partial follow-on cartel competition claim. Even though part of the claims were standalone, it was always going to be difficult to persuade the court into a split trial (liability and quantum) where the follow-on claims require no liability findings. Written by Adam Heppinstall, barrister, at Henderson Chambers.’

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Henderson Chambers, 16th April 2020

Source: www.hendersonchambers.co.uk

COVID-19 – trespasser possession and injunction proceedings – Application of the new Civil Procedure Rule Practice Direction 51Z – St Ives Chambers

Posted April 22nd, 2020 in chambers articles, civil procedure rules, coronavirus, emergency powers, hospitals, injunctions, news, practice directions, repossession, trespass by sally

‘The back drop to this case is that the new Practice Direction CPR 51Z effectively stays possession proceedings and enforcement issued pursuant to CPR 55 for 90 days from March 2020.’

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St Ives Chambers, 16th April 2020

Source: www.stiveschambers.co.uk

Right to rent rule ‘justified’ finds UK appeal court – The Guardian

Posted April 22nd, 2020 in appeals, government departments, housing, immigration, landlord & tenant, news, race discrimination by sally

‘The government has won an appeal over its controversial right to rent scheme, which was last year ruled by the high court to be racially discriminatory.’

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The Guardian, 21st April 2020

Source: www.theguardian.com

Recent Statutory Instruments – legislation.gov.uk

Posted April 22nd, 2020 in legislation by tracey

The Civil Legal Aid (Procedure) (Amendment) Regulations 2020

The International Tax Compliance (Amendment) Regulations 2020

The Football Spectators (2020 UEFA European Championship Control Period) (Coronavirus) (Revocation) Order 2020

The Safety of Sports Grounds (Designation) (Amendment) (No. 2) Order 2020

Source: www.legislation.gov.uk

Have you unjustly refused to mediate – 33 Bedford Row

Posted April 22nd, 2020 in chambers articles, dispute resolution, news by sally

‘If a party is a signatory to a pre-existing dispute clause, that will normally be binding upon them save for specific circumstances outside the scope of this article. Our present focus is where disputants are not bound to mediate, but one side proposes mediation.’

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33 Bedford Row, April 2020

Source: www.33bedfordrow.co.uk

Fisheries Bill 2020: What Does it have in Stock? – UK Human Rights Blog

Posted April 22nd, 2020 in bills, brexit, EC law, environmental protection, fisheries, news by sally

‘The Fisheries Bill 2020, part of the government’s core legislative program on post-Brexit environmental policy, is currently in the House of Lords at committee stage, and is expected to receive royal assent in the coming months (although exactly when is subject to how successfully the House of Lords can adapt to meeting via Microsoft Teams). It would establish Britain’s departure from the Common Fisheries Policy (CFP) on January 1st 2021, and sets out how fishing rights would work post transition period and CFP.’

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UK Human Rights Blog, 21st April 2020

Source: ukhumanrightsblog.com

The impact of Coronavirus, part 5: the Coronavirus Act 2020 – 6KBW College Hill

Posted April 22nd, 2020 in chambers articles, coronavirus, emergency powers, enforcement, news, proportionality, statutory interpretation by sally

‘As Hippocrates remarked at the height of the Plague of Athens in 430BC, desperate times call for desperate measures. The deadly coronavirus has brought forth desperate measures almost everywhere, and the keystone of this country’s response to the crisis is the Coronavirus Act 2020. This post focusses on some key aspects of it, asking how the new offences relating to “potentially infectious” persons are defined and whether the Act as a whole is necessary.’

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6KBW College Hill, 16th April 2020

Source: blog.6kbw.com

Tommy Robinson accused Syrian teen of attacking girl, judge finds – The Guardian

Posted April 22nd, 2020 in defamation, internet, news, violence, young persons by sally

‘Online comments made by the far right activist Tommy Robinson about a Syrian teenager amounted to accusations that the young refugee had “participated in a violent assault on a young girl” and “threatened to stab another child”, a judge has ruled.’

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The Guardian, 21st April 2020

Source: www.theguardian.com

BAILII: Recent Decisions

Posted April 22nd, 2020 in law reports by tracey

Court of Appeal (Civil Division)

The Secretary of State for the Home Department v R (on the application of) Joint Council for The Welfare of Immigrants [2020] EWCA Civ 542 (21 April 2020)

High Court (Chancery Division)

Homes for England v Nick Sellman (Holdings) Ltd & Anor [2020] EWHC 936 (Ch) (21 April 2020)

Green & Ors v Hurst [2020] EWHC 937 (Ch) (21 April 2020)

T & P Real Estate Ltd v London Borough of Sutton [2020] EWHC 879 (Ch) (21 April 2020)

High Court (Commercial Court)

Province of Balochistan v Tethyan Copper Company PTY Ltd [2020] EWHC 938 (Comm) (21 April 2020)

UK Acorn Finance Ltd v Markel (UK) Ltd [2020] EWHC 922 (Comm) (21 April 2020)

High Court (Queen’s Bench Division)

BVG v LAR [2020] EWHC 931 (QB) (21 April 2020)

Hijazi v Yaxley-Lennon [2020] EWHC 934 (QB) (21 April 2020)

High Court (Technology and Construction Court)

Muncipio De Mariana & Ors v BHP Group Plc [2020] EWHC 928 (TCC) (20 April 2020)

Source: www.bailii.org

Whiplash reforms delayed until April 2021 – Legal Futures

Posted April 22nd, 2020 in accidents, coronavirus, damages, delay, news, personal injuries, road traffic by sally

‘The whiplash reforms have been delayed until April 2021 due to the coronavirus crisis, the Lord Chancellor announced today.’

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Legal Futures, 21st April 2020

Source: www.legalfutures.co.uk

Coronavirus: Custody fight parents told not to exploit lockdown – BBC News

Posted April 22nd, 2020 in children, coronavirus, custody, families, judges, news, parental rights by sally

‘Separated couples exploiting the Covid-19 lockdown to stop an ex-partner from seeing their child could face court action, says a senior judge.’

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BBC News, 21st April 2020

Source: www.bbc.co.uk

HMT Direction issued on furlough under the Coronavirus Job Retention Scheme – 11KBW

Posted April 22nd, 2020 in chambers articles, coronavirus, employment, government departments, news, practice directions by sally

‘Since announcing the Coronavirus Job Retention Scheme (the “Scheme”) in mid-March, the Government has issued several iterations of Guidance which explain the Scheme – not all in the same way. On 15 April 2020, HMT issued the ‘Coronavirus Act 2020 Functions of Her Majesty’s Revenue and Customs (Coronavirus Job Retention Scheme) Direction’ (the “Direction”).[1] It is the Direction which finally provides a basis in law for the Scheme and to which close attention should now be paid.’

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11KBW, 20th April 2020

Source: www.11kbw.com

UK ad watchdog bans claims that IV drips can treat coronavirus – The Guardian

Posted April 22nd, 2020 in advertising, communicating false information, complaints, coronavirus, medical treatment, medicines, news, ombudsmen by sally

‘The advertising watchdog has cracked down on three companies for implying they could provide immune-boosting IV drips that could prevent or treat coronavirus.’

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The Guardian, 22nd April 2020

Source: www.theguardian.com

‘Light Touch’ Administration as a Rescue Tool – 3 Hare Court

Posted April 21st, 2020 in administrators, chambers articles, company law, coronavirus, insolvency, news, schemes of arrangement by sally

‘On the 28 March 2020, the Department for Business, Energy, and Industrial Strategy announced a series of insolvency legislation reforms including a new court based restructing tool modelled on the Scheme of Arrangement and a short business moratorium to protect companies facing the prospect of insolvency as a result of the Covid-19 crisis.’

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3 Hare Court, 20th April 2020

Source: www.3harecourt.com

Use of the Government’s coronavirus job retention scheme by companies in administration: Re Carluccio’s Limited [2020] EWHC 886 (Ch) – Radcliffe Chambers

Posted April 21st, 2020 in administrators, chambers articles, company law, coronavirus, employment, insolvency, news by sally

‘In a judgment handed down on Monday 13th April 2020 in Re Carluccio’s Limited (in administration) [2020] EWHC 886 (Ch), Snowden J considered the application of the Government’s Coronavirus Job Retention Scheme in administrations both as a matter of principle and in respect of the logistics and practicalities involved for office holders. Matthew Weaver considers the judgment and its implications in this briefing.’

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Radcliffe Chambers, 16th April 2020

Source: radcliffechambers.com

Covid-19 and the immigration tribunals: a working guide for representatives – 1MCB Chambers

Posted April 21st, 2020 in chambers articles, coronavirus, immigration, news, tribunals by sally

‘The guide provides an overview of some of the key challenges, as well as practical advice for making applications and submissions within the new procedural framework. Summaries of applicable case law and links to guidance and additional resources are also included.’

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1MCB Chambers, April 2020

Source: 1mcb.com

The Impact of Coronavirus on Winding Up Petitions – 3 Hare Court

Posted April 21st, 2020 in chambers articles, company law, coronavirus, courts, insolvency, live link evidence, news, winding up by sally

‘Coronavirus has affected both the functioning of businesses and the Courts. In these unprecedented times, how are the Courts dealing with the hearings of winding up petitions?’

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3 Hare Court, 14th April 2020

Source: www.3harecourt.com

Covid-19: FAQs on electronic signatures and e-signing – The 36 Group

Posted April 21st, 2020 in chambers articles, contracts, coronavirus, documents, electronic filing, news by sally

‘An electronic signature is data in electronic form which is attached to or logically associated with other data in electronic form, and which is used by a signatory to sign.’

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The 36 Group, 15th April 2020

Source: 36group.co.uk

Litigation funding: a new reality post-Chapelgate – Six Pump Court

Posted April 21st, 2020 in chambers articles, costs, news, third parties by sally

‘The new reality for litigation funders in the courts in England & Wales is that they must be prepared to pay a defendant’s costs in full if the funded claimant loses.’

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Six Pump Court, 17th April 2020

Source: www.6pumpcourt.co.uk

Met police face legal action over death of PC Keith Palmer – The Guardian

Posted April 21st, 2020 in bereavement, codes of practice, families, inquests, negligence, news, police, terrorism by sally

‘The Metropolitan police are facing legal action over the death of PC Keith Palmer, murdered during a terrorist attack on parliament.’

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The Guardian, 20th April 2020

Source: www.theguardian.com