Month: June 2020

Turnover Rents for Retail – the Way Forward in Recession? Sharing the pain and (hopefully) the gain – Falcon Chambers

Posted June 15th, 2020 in chambers articles, coronavirus, landlord & tenant, news, rent by sally

‘Some legal property commentators have been wondering how a commercial open market rent can be set for business premises when the relevant valuation date falls during the lockdown period or will arrive in coming months. They bemoan the likely lack of comparables and wring their hands. Personally, I have great faith in the skillset of expert valuers’ to meet this particular challenge. However, for my part, the true question is whether such commentators are actually looking at matters through the right end of the telescope?’

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Falcon Chambers, May 2020

Source: www.falcon-chambers.com

Youth justice: exposing a system that is failing our most vulnerable children – The Guardian

Posted June 15th, 2020 in children, criminal justice, diversity, equality, news, race discrimination, racism, statistics, young offenders, young persons by sally

‘Children in the Dock was an investigation into the youth justice system in England and Wales that involved the Guardian’s Manchester team spending a month monitoring every case at Greater Manchester youth court. Among other things, they found that the proportion of BAME children in court had doubled in eight years, and revealed that youth cases now take 40% longer than in 2010.’

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The Guardian, 13th June 2020

Source: www.theguardian.com

EHRC urges compulsory disability training for lawyers – Legal Futures

Posted June 15th, 2020 in barristers, criminal justice, disability discrimination, disabled persons, equality, Equality and Human Rights Commission, HM Courts Service, legal education, legal profession, Ministry of Justice, news, solicitors, Solicitors Regulation Authority, statistics by sally

‘Disability awareness should be a professional requirement, and a mandatory element of criminal lawyers’ CPD, the Equality and Human Rights Commission (EHRC) has recommended.’

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Legal Futures, 15th June 2020

Source: www.legalfutures.co.uk

New claims in High Court bounce back above 2019 level – Litigation Futures

Posted June 15th, 2020 in coronavirus, courts, dispute resolution, news, statistics by sally

‘High Court activity has already recovered to pre-Covid-19 levels following a sharp slump during the height of the outbreak, new research has found.’

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Litigation Futures, 15th June 2020

Source: www.litigationfutures.com

Ben Ashman: Man who ran over stepmother at wedding jailed – BBC News

Posted June 15th, 2020 in assault, attempts, criminal damage, dangerous driving, drunk in charge, families, grievous bodily harm, imprisonment, mental health, murder, news, sentencing by sally

‘A man who repeatedly drove over his stepmother in a drunken rage at a wedding has been jailed for six years.’

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BBC News, 11th June 2020

Source: www.bbc.co.uk

Private firms to lose role in probation services – BBC News

Posted June 15th, 2020 in contracting out, Ministry of Justice, news, prisons, probation by sally

‘The government has scrapped plans to let private firms run behaviour programmes and unpaid work schemes for offenders in England and Wales.’

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BBC News, 11th June 2020

Source: www.bbc.co.uk

Family of black man who died in UK police custody speak out – The Guardian

Posted June 15th, 2020 in bereavement, death in custody, families, news, ombudsmen, police, race discrimination, racism by sally

‘The family of a black man who died in police custody in Devon last month have said they still have no idea of the circumstances that led to his death and are demanding answers.’

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The Guardian, 12th June 2020

Source: www.theguardian.com

Recent Statutory Instruments – legislation.gov.uk

Posted June 15th, 2020 in legislation by tracey

The Health Protection (Coronavirus, Restrictions) (England) (Amendment) (No. 4) Regulations 2020

The Health Protection (Coronavirus, Wearing of Face Coverings on Public Transport) (England) Regulations 2020

The Weights and Measures Act 1985 (Definitions of “Metre” and “Kilogram”) (Amendment) Order 2020

Source: www.legislation.gov.uk

M v M – more than just costs by Nick Power – Broadway House Chambers

Posted June 15th, 2020 in chambers articles, costs, families, financial dispute resolution, news, third parties by sally

‘The recent flurry of legal observers commenting on the eye-watering and disproportionate costs incurred in this case such that out of £630,000 liquid capital, £594,000 had been spent on costs has justifiably attracted much attention. There is however, within this case, an incredibly helpful analysis for practitioners as to when, and in what manner, the court can have regard to family support which may be available in the future for the parties.’

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Broadway House Chambers, 10th June 2020

Source: broadwayhouse.co.uk

Legal regulators cool on the idea of being abolished – Legal Futures

Posted June 15th, 2020 in barristers, consumer protection, costs, Law Society, legal profession, legal services, Legal Services Board, news, solicitors, Solicitors Regulation Authority by sally

‘Legal regulators have reacted coolly to the recommendation of Professor Stephen Mayson that they be replaced by a single organisation, arguing instead the case for specialism.’

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Legal Futures, 12th June 2020

Source: www.legalfutures.co.uk

BAILII: Recent Decisions

Posted June 15th, 2020 in law reports by tracey

Court of Appeal (Criminal Division)

Smith, R. v [2020] EWCA Crim 669 (06 May 2020)

High Court (Administrative Court)

Prichard, R (on the application of) v The Secretary of State for Work and Pensions [2020] EWHC 1495 (Admin) (12 June 2020)

Government of the United States of America v McDaid [2020] EWHC 1527 (Admin) (12 June 2020)

Kombou, R (On the Application Of) v The Crown Court at Wood Green [2020] EWHC 1529 (Admin) (12 June 2020)

Kotlarski v Regional Court In Bielsko-Biala, Poland [2020] EWHC 1522 (Admin) (11 June 2020)

High Court (Chancery Division)

Umrish Ltd & Ors v Gill [2020] EWHC 1513 (Ch) (12 June 2020)

Benkel v East-West German Real Estate Holding & Anor [2020] EWHC 1489 (Ch) (12 June 2020)

Monsolar IQ Ltd v Woden Park Ltd [2020] EWHC 1521 (Ch) (12 June 2020)

Gardiner v Tabe & Anor [2020] EWHC 1471 (Ch) (12 June 2020)

High Court (Family Division)

Akhmedova v Akhmedov & Ors [2020] EWHC 1526 (Fam) (12 June 2020)

High Court (Queen’s Bench Division)

Warnes & Anor v Forge [2020] EWHC 1496 (QB) (12 June 2020)

Barnett v Walker & Ors [2020] EWHC 1538 (QB) (12 June 2020)

Bromford Housing Association Ltd v Nightingale & Anor [2020] EWHC 1532 (QB) (12 June 2020)

Pearce v East and North Hertfordshire NHS Trust [2020] EWHC 1504 (QB) (11 June 2020)

Source: www.bailii.org

Racism campaigners call for police watchdog to be abolished – The Guardian

Posted June 15th, 2020 in bereavement, death in custody, demonstrations, disciplinary procedures, families, news, ombudsmen, police, professional conduct, race discrimination, racism, unlawful killing by sally

‘Black families in the UK whose loved ones have died in incidents involving the police have called for the abolition of the Independent Office for Police Conduct, which investigates the police, and the immediate suspension of officers involved in deaths as part of a new plan to address systemic racism and unlawful killings.’

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The Guardian, 14th June 2020

Source: www.theguardian.com

Domestic Abuse Bill: Misogyny should be treated as a hate crime, say MPs – BBC News

Posted June 15th, 2020 in bills, domestic violence, families, hate crime, news, police, women by sally

‘A group of women MPs and charities are urging the government to treat misogyny as a hate crime within the government’s new domestic abuse laws.’

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BBC News, 11th June 2020

Source: www.bbc.co.uk

BA, easyJet and Ryanair begin court action over UK quarantine rules – The Guardian

Posted June 15th, 2020 in airlines, coronavirus, employment, freedom of movement, government departments, judicial review, news, transport by sally

‘Britain’s three biggest airlines have filed papers in the high court to seek an urgent judicial review of the government’s quarantine laws, which they say are having a devastating effect on tourism and the wider economy.’

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The Guardian, 12th June 2020

Source: www.theguardian.com

Pensions in Needs-Based Financial Remedy Proceedings – Becket Chambers

Posted June 15th, 2020 in chambers articles, divorce, families, financial dispute resolution, financial provision, news by sally

‘The issue of pensions in financial remedy proceedings is a complex area and has been subject to much change over the years. As many of you will be aware, the Pension Advisory Group (“PAG”) published a comprehensive report, “A Guide to the Treatment of Pensions on Divorce” in July 2019. It was a much-welcomed publication that provided definitive guidance on the approach to pensions in financial remedy proceedings.’

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Becket Chamber, 11th June 2020

Source: becket-chambers.co.uk

Matt Hancock faces legal action from daughter of Covid-19 care home victim – The Guardian

Posted June 15th, 2020 in bereavement, care homes, coronavirus, duty of care, elderly, equality, families, government departments, hospitals, judicial review, news by sally

‘Matt Hancock is facing legal action from the daughter of a man who died from Covid-19 in a care home in which the health secretary is accused of a “litany of failures” and misleading the public with his claim to have “thrown a protective ring” around care homes.’

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The Guardian, 12th June 2020

Source: www.theguardian.com

What It’s Like Being A Black Lawyer Working In The UK’s Criminal Justice System In 2020 – Elle Magazine

Posted June 12th, 2020 in barristers, coronavirus, criminal justice, diversity, equality, fines, legal profession, news, police, race discrimination, racism, statistics, stop and search by sally

‘Abimbola Johnson is a Black criminal defence barrister, whose experience of the justice system in the UK brings recent events in the US even closer to home.’

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Elle Magazine, 5th June 2020

Source: www.elle.com

Mediation – Don’t panic in the Pandemic – be prepared – 4-5 Gray’s Inn Square

Posted June 12th, 2020 in case management, chambers articles, coronavirus, dispute resolution, news by sally

‘The coronavirus pandemic and the current and continuing lockdown imposed by government has led to a number of consequences for the resolution of commercial disputes, and the administration of justice. First is where trials are being adjourned to uncertain dates, currently unable to take place due to the inability or unwillingness of people to attend court. Second is what is going to happen when the lockdown is eased or lifted, and disputes, which have been building up in the normal course, enter the system creating a backlog. Judges are understandably concerned that the courts and arbitral tribunals could face and potentially be overwhelmed by a wave of commercial cases. A number of these disputes will have arisen due to the parties’ inability to honour their contractual obligations due to the lockdown with complicated issues of law as to the remedies available.’

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4-5 Gray's Inn Square, 8th June 2020

Source: www.4-5.co.uk

Alexandra Wilson discusses how we can tip the balance within the legal profession: we need to reflect that Black lives matter – 5SAH

Posted June 12th, 2020 in barristers, chambers articles, diversity, equality, legal profession, news, race discrimination, solicitors by sally

‘The Black Lives Matter movement (BLM), a global organisation in the UK, US and Canada, was founded in 2013 in response to the death of Trayvon Martin and the acquittal of the man that shot him. BLM connects people from all over the world who want justice and seek to put an end to state violence against Black people.’

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5SAH, 12th June 2020

Source: www.5sah.co.uk

Judicial early neutral evaluation during coronavirus, friend or foe? – No. 5 Chambers

Posted June 12th, 2020 in case management, chambers articles, civil procedure rules, coronavirus, courts, dispute resolution, news by sally

‘Courts across the jurisdiction have struggled for years to run small claim and fast track lists efficiently in order to reduce the backlog. Coronavirus lockdown has brought this to a head, as cases are adjourned and the huge backlog is set to rise. Waiting several months, if not years, to have a case of modest value heard is contrary to the interests of justice. Memories fade, individuals cannot enforce their rights until the issue is litigated, the deserving go uncompensated, and the pressure to under-settle increases.’

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No. 5 Chambers, 1st June 2020

Source: www.no5.com