02/06/2020 – Current Awareness

R v Bartell [2020] EWCA Crim 625 – Exceptional circumstances test within the Firearms Act 1968 – Broadway House Chambers

Posted June 2nd, 2020 in firearms, guilty pleas, news, sentencing by sally

‘Stephen Wood QC considers the recent case of R v Bartell [2020] EWCA Crim 625, where judgment was given on the 1st May 2020 in relation to the exceptional circumstances test set out within the Firearms Act 1968 and suggests that this case following R v Nancarrow [2019] 2 Cr. App. R. (S) marks a perceptible hardening of attitude of the Court of Appeal towards a finding of exceptional circumstances by the sentencing Judge.’

Broadway House Chambers, 20th May 2020

Source: broadwayhouse.co.uk

Mitigating Covid-19 – Church Court Chambers

Posted June 2nd, 2020 in coronavirus, criminal justice, imprisonment, news, prisons, sentencing by sally

‘The coronavirus pandemic (“Covid-19”) has significantly affected people across the world, in a seemingly indiscriminate fashion, with the devastating impact well publicised. However, one area that has not featured heavily in the mainstream media, is the impact that Covid -19 may have had on the sentencing exercise for Defendants. To that end, as the nation remains in lockdown, are the current conditions in the UK prison system a factor which should be considered by a tribunal when considering the appropriate sentence to impose? This article will outline and discuss the recent decision of the Court of Appeal in the R v Manning [2020] EWCA Crim 592 (“Manning”) and seek to answer that question.’

Church Court Chambers, May 2020

Source: churchcourtchambers.co.uk

Guidance on making staff take holiday during the Coronavirus outbreak – Cloisters

Posted June 2nd, 2020 in contract of employment, coronavirus, EC law, holidays, news, working time by sally

‘In this article, Declan O’Dempsey considers the implications of the Guidance issued by the government on 13 May 2020 on holiday entitlement and pay during coronavirus (Covid-19) and urges employers to use considerable caution in seeking to follow the Guidance ordering workers to take annual leave on dates specified by the employer. Employers who choose to order staff to take holidays on specific dates within the Coronavirus outbreak shut down may face contractual or tribunal claims later. Further, the legal uncertainty may mean that they will face claims for penalising those who assert a right to take annual leave at a non-Covid 19 affected time or who refuse to take the leave as annual leave.’

Cloisters, 19th May 2020

Source: www.cloisters.com

Covid-19 and its effect on contractual obligations – Devereux Chambers

Posted June 2nd, 2020 in chambers articles, contracts, coronavirus, news by sally

‘The simple effect of the Covid-19 lockdown announced on 23 March 2020 was that life, and business, changed for everyone. People and organisations could no longer do things they had planned or intended to do, and in many instances, difficult decisions had to be made, and some were made hastily, without thinking through the ramifications. As time goes on, many will be faced with the question of whether steps they took, or didn’t take, mean that they are in breach of a contractual obligation; on the other side of the coin, others will be wondering whether they have a remedy for not having received goods or services they expected to on time, or at all.’

Devereux Chambers, 15th May 2020

Source: www.devereuxchambers.co.uk

Lionel Jeffrey Cozens-Smith v Bellway Homes Limited [2019] EWHC 3222 (Ch) – Tanfield Chambers

Posted June 2nd, 2020 in footpaths, news, planning, rights of way, striking out, summary judgments by sally

‘An application for the approval of reserved matters does not amount to a new application for planning permission.’

Tanfield Chambers, 28th May 2020

Source: www.tanfieldchambers.co.uk

Did Dominic Cummings act “Responsibly and Legally”? – Doughty Street Chambers

Posted June 2nd, 2020 in civil servants, coronavirus, news, police, regulations by sally

‘Coronavirus has struck in different ways. As well as the devastation it has reaped in taking people’s lives it has exposed an emasculated criminal justice system and political governance clamouring to justify law and guidance applying differently to those close to power from those outside.’

Doughty Street Chambers, 24th May 2020

Source: insights.doughtystreet.co.uk

The Pendulum Pub Licence Revoked at Summary Review Hearing for Breaking Lockdown Regulations – Francis Taylor Building

Posted June 2nd, 2020 in coronavirus, licensed premises, licensing, news by sally

‘In one of the first cases of its type, The Pendulum pub in Pendeford, Wolverhampton has had its premises licence revoked in summary review proceedings brought by West Midlands Police for breaking the coronavirus lockdown provisions.’

Francis Taylor Building, 20th May 2020

Source: www.ftbchambers.co.uk

Doctors to file legal challenge to PPE guidance – Garden Court Chambers

Posted June 2nd, 2020 in coronavirus, doctors, health & safety, judicial review, news, protective equipment by sally

‘Two NHS frontline doctors, Dr Meenal Viz and Dr Nishant Joshi, are preparing to file a legal challenge to the Government’s guidance on Personal Protective Equipment (PPE). This guidance, which applies to health care and social care workers, reduces the requirement to wear PPE and allows for re-use of some PPE. The legal challenge will argue that the Government guidance goes against World Health Organisation (WHO) guidance and puts health care and social care workers at risk, breaching their legal protections at work and their human rights.’

Garden Court Chambers, 22nd May 2020

Source: www.gardencourtchambers.co.uk

Leader calls for council to be given more powers to implement local lockdown – Local Government Lawyer

Posted June 2nd, 2020 in coronavirus, local government, news, regulations by sally

‘The Leader of Brighton & Hove City Council has called for the local authority to be given more powers to implement a local lockdown in the area.’

Local Government Lawyer, 1st June 2020

Source: www.localgovernmentlawyer.co.uk

UK court must decide which leader to recognise in Venezuela gold case – The Guardian

Posted June 2nd, 2020 in banking, international relations, news, political parties by sally

‘A court in London has said that it will need to decide which of Venezuela’s duelling political factions to recognise before ruling on president Nicolas Maduro’s request for the Bank of England to hand over gold the country has in its vaults.’

The Guardian, 28th May 2020

Source: www.theguardian.com

Distinguishing a Crock from a Gater – Hardwicke Chambers

Posted June 2nd, 2020 in covenants, landlord & tenant, news, service charges by sally

‘[Landlord & Tenant Act 1985] s.27A(6) provides that:

An agreement by the tenant of a dwelling (other than a post-dispute arbitration agreement) is void in so far as it purports to provide for a determination—(a) in a particular manner, or (b) on particular evidence,
of any question which may be the subject of an application under subsection (1) …’

Hardwicke Chambers, 28th May 2020

Source: hardwicke.co.uk

The Service Justice System under question regarding the continuation of the jurisdiction to investigate and conduct trials in serious sexual assault and rape cases – Thomas More Chambers

Posted June 2nd, 2020 in armed forces, courts martial, equality, human rights, judicial review, news, prosecutions, rape by sally

‘The Centre for Military Justice, acting on behalf of three female service personnel has sent a pre – action protocol letter to the Ministry of Defence with regard to three cases which the service justice system (SJS) has conducted and their assertion appears to be that these victims were discriminated against. The Ministry of Defence (MOD) response is due this week. We have not seen the letter nor do we expect to see the response. The Centre for Military Justice stating publicly that by the end of the month they will issue proceedings in the High Court for Judicial Review (JR) citing action for discrimination under both the Human Rights Act and Equality Act. We await sight of the claim and then the defence.’

Thomas More Chambers, 14th May 2020

Source: www.thomasmore.co.uk

Council loses Court of Appeal battle over personal injury claim following tree root trip in park – Local Government Lawyer

Posted June 2nd, 2020 in footpaths, local government, news, parks, personal injuries, trees by sally

‘The Court of Appeal has found that a council was liable for an injury suffered by a claimant when she tripped on a tree root on a path constructed in a park by one of its predecessor authorities.’

Local Government Lawyer, 2nd June 2020

Source: www.localgovernmentlawyer.co.uk

Four Important Changes to the Coronavirus Laws – The 36 Group

Posted June 2nd, 2020 in coronavirus, news, regulations by sally

‘On 1st June 2020 a further set of amendments to The Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 entered into force. Below are the key changes you should know about.’

The 36 Group, 2nd June 2020

Source: 36group.co.uk

One Kingdom but four nations emerging from lockdown at four different rates under four different laws – UK Police Law Blog

Posted June 2nd, 2020 in coronavirus, news, Northern Ireland, regulations, Scotland, Wales by sally

‘Laws which criminalise what would otherwise be normal daily life and which the police must enforce must be clear, unambiguous, fair and fairly applied, logical and proportionate to the public health imperative. The purpose of this blog post is to illustrate the difficulties with the amended legislation, the inconsistencies between the laws of the four nations of the UK, as well as the problems of enforcement by the police. Whatever the problems with the legislation, whatever the high profile breaches, people must socially distance and must wear masks when unable to do so. The coronavirus is not going away soon, or perhaps ever. It may be joined by other novel viruses and human life may have to change.’

UK Police Law Blog, 2nd June 2020

Source: ukpolicelawblog.com

Recent Statutory Instruments – legislation.gov.uk

Posted June 2nd, 2020 in legislation by tracey

The Police (Amendment) Regulations 2020

The Official Controls (Plant Protection Products) Regulations 2020

The Direct Payments Penalty Simplification (England) Regulations 2020

The Wireless Telegraphy (Exemption and Amendment) (Amendment) Regulations 2020

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted June 2nd, 2020 in law reports by tracey

Court of Appeal (Civil Division)

Barlow v Wigan Metropolitan Borough Council [2020] EWCA Civ 696 (01 June 2020)

Ezair v Conn & Anor [2020] EWCA Civ 687 (01 June 2020)

High Court (Administrative Court)

Naqvi v Solicitors Regulation Authority [2020] EWHC 1394 (Admin) (02 June 2020)

High Court (Chancery Division)

De Sena & Anor v Notaro & Ors [2020] EWHC 1366 (Ch) (01 June 2020)

Punch Partnerships (PTL) Ltd & Anor v Jonalt Ltd [2020] EWHC 1376 (Ch) (01 June 2020)

Dinglis v Dinglis & Ors [2020] EWHC 1363 (Ch) (01 June 2020)

High Court (Commercial Court)

Pipia v BGEO Group Ltd [2020] EWHC 1359 (Comm) (02 June 2020)

Gregor Fisken Ltd v Carl [2020] EWHC 1385 (Comm) (01 June 2020)

Source: www.bailii.org

EP 114: CPS Rape Prosecution Policy – Jennifer MacLeod – Law Pod UK

Posted June 2nd, 2020 in Crown Prosecution Service, news, podcasts, prosecutions, rape by sally

‘In Episode 114, Emma-Louise Fenelon speaks to Jennifer MacLeod from Brick Court Chambers about two recent Divisional Court decisions concerning CPS rape prosecution policy.’

Law Pod UK, 1st June 2020

Source: audioboom.com

Bedlington man who enslaved homeless men must pay £275k – BBC News

Posted June 2nd, 2020 in forced labour, homelessness, news, proceeds of crime by sally

‘A man who plied homeless men with drugs and alcohol to make them do gruelling work has been ordered to pay back the £275,000 he made through his crimes.’

BBC News, 1st June 2020

Source: www.bbc.co.uk

Relief from sanctions: An overview and case law update – St Ives Chambers

Posted June 2nd, 2020 in case management, civil procedure rules, coronavirus, news, sanctions by sally

‘In light of the current COVID-19 pandemic, applications for relief from sanctions may become more frequent as deadlines are missed and court orders are not complied with. In three recent cases, the High Court has considered the applicable principles and provided guidance. Now, therefore, seems the ideal time to revisit the applicable principles.’

St Ives Chambers, 21st May 2020

Source: www.stiveschambers.co.uk

1
2
»

Categories

Archives