May 2020 – Current Awareness

Residential property – the complications of renting to a healthcare company to enable care of an individual – Hardwicke Chambers

Posted May 29th, 2020 in agreements, care homes, landlord & tenant, news by sally

‘A healthcare company intends to rent a residential property for permitted officers or employees to occupy, on a weekly rota basis. However, an individual who is neither an officer nor an employee of the company (but is a person who will be cared for by the officers or employees) will live at the property, together with the officers or employees who are “on duty”. What will be the status of the individual occupier and the employees or officers if the (non-AST) tenancy agreement is terminated?’

Hardwicke Chambers, 29th May 2020

Source: hardwicke.co.uk

Travel and Holiday Claims amid a Global Lockdown – Henderson Chambers

Posted May 29th, 2020 in airlines, contracts, coronavirus, EC law, holidays, hotels, news, regulations, transport by sally

‘The world-wide lockdown in response to the Covid-19 pandemic will have an unprecedented financial impact, not only on businesses in all areas of the economy but also on consumers. Public gatherings are banned or strictly limited and events have been cancelled or postponed. Future travel plans remain uncertain, with the borders of many other countries remaining closed to travellers from the UK and strict 14-day quarantine measures set to be imposed on those entering the UK from the end of May. Many companies are refusing or delaying offering refunds to affected consumers, who may have to resort to litigation to protect their rights. This alerter provides a broad overview of several affected areas, including package holidays, travel, holiday accommodation and events.’

Henderson Chambers, 19th May 2020

Source: www.hendersonchambers.co.uk

“But I’ll Lose My Job!” New Guidelines to Provide Clarity on What Amounts to ‘Exceptional Hardship’ in Totting Up Disqualification Cases – KCH Garden Sq

Posted May 29th, 2020 in disqualification, news, road traffic offences, sentencing by sally

‘From 22nd January 2020 through to 15th April 2020, the Sentencing Council ran a public consultation on the proposed changes to sentencing guidelines for driving offences disqualifications, breach of community orders and clarifications to some explanatory materials.’

KCH Garden Sq, 11th May 2020

Source: kchgardensquare.co.uk

School fees in times of Covid: Tips for schools and parents – Monckton Chambers

Posted May 29th, 2020 in contracts, coronavirus, education, fees, news, school children by sally

‘The lockdown has posed inordinate challenges for education – with schools and universities adjusting to remote learning on extremely short notice. For private schools and universities, there have been tough choices between furloughing staff, deciding which lessons and courses to continue and justifying the level of fees, when many parents are in financial difficulty themselves. Boarding schools and universities have additional problems as they have a high level of sunk costs in infrastructure for overseas students that, at present, are not allowed to travel.’

Monckton Chambers, 19th May 2020

Source: www.monckton.com

Causing the death of another and the Forfeiture Rule: Amos v Mancini [2020] EWHC 1063 (Ch) – New Square Chambers

Posted May 29th, 2020 in dangerous driving, forfeiture, married persons, news, wills by sally

‘In January 2019 Mrs Amos, aged 74, was driving with her husband near their home in Llandeilo, when they collided with the car in front. Her husband later died from his injuries and Mrs Amos pleaded guilty to causing death by dangerous driving and was given a suspended prison sentence and disqualified from driving. The question arose whether she was prevented from benefitting under her husband’s will, or from receiving by survivorship his share of their home, which was owned as beneficial joint tenants.’

New Square Chambers, 12th May 2020

Source: www.newsquarechambers.co.uk

How will the ‘Covid-Economy’ affect personal injury litigation? – No. 5 Chambers

Posted May 29th, 2020 in coronavirus, negligence, news, personal injuries by sally

‘Personal injury and clinical negligence practices, as with much of life, are undergoing sudden and profound changes during this Covid-19 pandemic and the current ‘lockdown’. There are obvious effects, such as the adjournment of trials ‘en masse’ and the embracing of digital platforms. Implementation of the governments’ whiplash reforms has been put back until April 2021 and the much-awaited appeal in Swift v Carpenter was delayed once again. But the economic consequences of the pandemic will also influence PI and CN litigation, in some subtle but important ways.’

No. 5 Chambers, 26th May 2020

Source: www.no5.com

Knowing the risks – foreseeability of stress related illness in the time of Covid 19 – Old Square Chambers

Posted May 29th, 2020 in coronavirus, employment, mental health, news, personal injuries by sally

‘Employers and workers are facing unprecedented challenges in responding to the current pandemic and the measures put in place by the UK governments to tackle it. One area of increasing concern is the impact of the crisis on mental health and wellbeing.’

Old Square Chambers, 26th May 2020

Source: www.oldsquare.co.uk

1COR Quarterly Medical Law Review – Spring 2020 – Issue 5 – 1 Crown Office Row

Posted May 29th, 2020 in causation, consent, costs, Court of Protection, disciplinary procedures, gender, inquests, medical records, medical treatment, news, paternity, surrogacy, transgender persons, vicarious liability by sally

‘Welcome to the fifth issue of the Quarterly Medical Law Review, brought to you by the barristers at 1 Crown Office Row.’

1 Crown Office Row, 15th May 2020

Source: www.1cor.com

Can the Covid 19 stay of possession proceedings be lifted? – Arkin v Marshall [2020] EWCA Civ 620 – Park Square Barristers

Posted May 29th, 2020 in coronavirus, news, repossession, stay of proceedings by sally

‘The Court of Appeal have released the judgment in the case of Arkin v Marshall which raised the issue as to whether or not the Covid 19 stay could be lifted.’

Park Square Barristers, 13th May 2020

Source: www.parksquarebarristers.co.uk

Reasonable expectation of privacy for those under police investigation – Park Square Barristers

Posted May 29th, 2020 in misuse of private information, news, police, privacy by sally

‘This article notes the recent Court of Appeal decision in ZXC v Bloomberg LP [2020] EWCA Civ 611 and the Court’s finding that the starting point is that suspects under investigation, pre-charge, have a reasonable expectation of privacy.’

Park Square Barristers, 26th May 2020

Source: www.parksquarebarristers.co.uk

Covid 19 Employment Law Series: Coronavirus Job Retention Scheme Direction: Where are we now? – Parklane Plowden Chambers

Posted May 29th, 2020 in contract of employment, coronavirus, news, remuneration by sally

‘With its publication on Friday 22 May 2020, immediately before the bank holiday weekend, you can be forgiven for having missed HMRC’s revised Coronavirus Job Retention Scheme (“CJRS”) Direction, dated 20 May 2020 (“the Direction”). All claims for payment under the CJRS, made after 22 May 2020, must comply with the Direction. The Direction modifies the previous version dated 15 April 2020 and clarifies many, but not all, of the questions that arose therein.’

Parklane Plowden Chambers, 27th May 2020

Source: www.parklaneplowden.co.uk

Commercial Leases & Insolvency – An Overview – Pump Court Chambers

Posted May 29th, 2020 in coronavirus, insolvency, landlord & tenant, leases, news, rent by sally

‘With many businesses large and small struggling to survive or collapsing into administration or liquidation landlords are particularly vulnerable to rent arrears and the difficulty of finding a suitable tenant to replace the existing. The following is an overview of what steps a landlord can take in this uncertain world.’

Pump Court Chambers, 26th May 2020

Source: www.pumpcourtchambers.com

Three cases on contempt of court and what they mean for commercial fraud litigation – Radcliffe Chambers

Posted May 29th, 2020 in abuse of process, committals, contempt of court, fraud, news by sally

‘Recent weeks have seen a spate of decisions on contempt of court. Most are sentencing cases and thus of little general interest since they turn on their facts. However, 3 cases do raise issues of general principle which not infrequently arise in the commercial fraud context.’

Radcliffe Chambers, 19th May 2020

Source: radcliffechambers.com

Financial Misconduct, the FCA and Coronavirus – Red Lion Chambers

Posted May 29th, 2020 in computer crime, coronavirus, financial regulation, fraud, news by sally

‘In view of the potential new financial risks posed by the Corona Virus pandemic, Cameron Brown QC and Sam Smart (Pupil Barrister) from Red Lion Chambers review the work of the FCA in tackling financial crime and the new challenges it may face.’

Red Lion Chambers, 26th May 2020

Source: www.redlionchambers.co.uk

Sole Representative Visa: Ownership and Control – Richmond Chambers

Posted May 29th, 2020 in immigration, news, regulations, subsidiary companies, visas by sally

‘Compared to other routes under the Rules the requirements for a representative of an overseas business were relatively simple. For at least the past year, the Home Office sought to remedy this through unlawfully reading in an additional requirement: ‘genuineness’. From 4 June 2020, the Rules will be amended to explicitly refer to this requirement, by inserting the word ‘genuinely’ before listing the requirements for entry clearance.’

Richmond Chambers, 21st May 2020

Source: immigrationbarrister.co.uk

Sole Representative Visa Route to Change from 4 June 2020 – Richmond Chambers

Posted May 29th, 2020 in immigration, news, regulations, subsidiary companies, visas by sally

‘In the Statement of Changes in Immigration Rules presented to Parliament in May 2020, released last week, the Secretary of State has made clear that she will significantly tighten the sole representative of an overseas business visa category from 4 June 2020.’

Richmond Chambers, 18th May 2020

Source: immigrationbarrister.co.uk

The Coronavirus and Employers’ Liability for PPE – Part 3: Liability for Breach of Statutory Duty by Jack McCracken and Sarah Hopkinson – Ropewalk Chambers

Posted May 29th, 2020 in coronavirus, employment, health & safety, news, protective equipment, regulations, statutory duty by sally

‘In the context of an employer’s duty to provide PPE to protect against exposure to the novel coronavirus, the focus is likely to be on two sets of domestic health and safety regulations: The Personal Protective Equipment at Work Regulations 1992 (PPE Regulations), and the Control of Substances Hazardous to Health Regulations 2002 (COSHH). The application of the latter should disapply the former, but the two will be considered together.’

Ropewalk Chambers, 6th May 2020

Source: www.ropewalk.co.uk

The Coronavirus and Employers’ Liability for PPE – Part 2: Liability at Common Law by Jack McCracken and Sarah Hopkinson – Ropewalk Chambers

Posted May 29th, 2020 in coronavirus, duty of care, employment, health & safety, news, protective equipment by sally

‘Employers owe a personal or non-delegable duty of care to their employees at common law, which extends to the provision of PPE. Neill LJ in Crouch -v- British Rail Engineering Ltd [1988] I.R.L.R. 404 said that the extent of the duty in respect of PPE would depend on:

“the risk of injury, the gravity of any injury which may result, the difficulty of providing equipment … the availability of that protective equipment … and the distance which any individual workman might have to go to fetch it, the frequency on which the [claimant] was likely to need that protective clothing or equipment and, last but not least, the experience and degree of skill to be expected of the [claimant].”’

Ropewalk Chambers, 5th May 2020

Source: www.ropewalk.co.uk

Housing in Lockdown: Avoid the pause button – St Ives Chambers

Posted May 29th, 2020 in case management, coronavirus, housing, injunctions, landlord & tenant, news, repossession by sally

‘A review of the number ways Covid-19 can effect the progression and outcome of housing cases and how practitioners can continue to engage in effective case management during this challenging period.’

St Ives Chambers, 19th May 2020

Source: www.stiveschambers.co.uk

Returning from lockdown – Dealing with employee complaints: whistleblowing and the Equality Act – St John’s Buildings

Posted May 29th, 2020 in complaints, coronavirus, employment, news, whistleblowers by sally

‘The country is going to start to try and emerge from the lockdown, which was imposed to try and slow the spread of coronavirus. Guidance provided on 10.05.2020 was that some employees, who cannot work from home, should go to work. Coronavirus is still with us, so the Government has produced guidance on how employers can implement social distancing measures so as to make the workplace safe for its workers. For instance, employers are told that they might consider staggering start times; providing handwashing facilities or hand sanitiser at entrances; reducing congestion by opening multiple entrances, having one-way flow, discouraging non-essential trips; or rearranging workstations. The list goes on, but there are perhaps infinite ways in which employees can be protected in any particular workplace.’

St John's Buildings, 18th May 2020

Source: stjohnsbuildings.com

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