‘It is unlikely that anything approaching a return to the normal court working environment will be achieved before the end of 2020 “or even the spring of 2021”, the President of the Family Division has said.’
Local Government Lawyer, 9th June 2020
Source: www.localgovernmentlawyer.co.uk
‘IIt is not uncommon for parents in family proceedings to allege that the children’s guardian (guardian) is biased against them, for a variety of reasons. They may suggest that the guardian has taken against them or will not listen, or simply doesn’t believe them. With careful client management this can usually be handled and advised upon.’
KCH Garden Sq, 9th June 2020
Source: kchgardensquare.co.uk
‘In Carillion v KPMG, the liquidators of this once substantial company sought pre-action disclosure from its former auditors. They intend to bring professional negligence proceedings for not detecting that the financial statements were unreliable. The Commercial Court refused the application. One might think that given auditors’ negligence claims in large part turn on professional judgment as to the audit procedures performed, the evidence obtained and the conclusions drawn, clear sight of the materials produced and relied on by the auditors would enable better focussed pleadings. Nonetheless the Commercial Court refused the application (which had admittedly spun into a substantial hearing with apparently more than £500,000 costs on each side). It pointed out that generally such applications were unlikely to succeed in Commercial Court cases and on the facts was not appropriate. The Judge seems to have been most impressed by the fact that Carillion had been able to articulate a detailed case in negligence already, rendering pre-action disclosure perhaps redundant and likely to be duplicated when it came to conventional disclosure.’
Hailsham Chambers, June 2020
Source: www.hailshamchambers.com
‘The concept of executive dominance should be split into two: natural and excessive executive dominance. Executive dominance is the executive’s power to control, impede or perform the role of another branch of the constitution. The UK constitution lacks a clear-cut distinction between the three organs of the state and has evolved to achieve a balance between the three branches. The relationship between and the responsibilities of the executive and legislature are overlapping. In this evolved constitutional setup, natural executive dominance is necessary for the executive to carry out its constitutional role and the UK’s constitution to operate efficiently. Natural dominance is a consequence of the working of the UK constitution.’
UK Constitutional Law Association, 9th June 2020
Source: ukconstitutionallaw.org
‘The police shooting of Mark Duggan is a highly contentious case that has been widely cited by Black Lives Matter protesters in the UK.’
The Guardian, 10th June 2020
Source: www.theguardian.com
‘Since lockdown the courts (and legal representatives) have been striving to hold remote hearings where possible. This had led to a flurry of new guidance (see for example CPR section AA Guidance for Queen’s Bench Division Court Users) — and the ability to view bookshelves in the studies of judges and legal representatives.’
UK Human Rights Blog, 9th June 2020
Source: ukhumanrightsblog.com
‘The Landlord and Tenant Act 1985 makes detailed provision for the regulation of residential service charges payable by long leaseholders. In particular, s.20B(1), 1985 Act provides that a tenant is not liable to pay service charges which were incurred more than 18 months before a demand for payment was served on the tenant. That provision does not apply if, within the same 18 month period, the tenant is notified in writing that the costs have been incurred and that he will subsequently be required under the terms of his lease to contribute to them by payment of a service charge (s.20B(2)). In Brent LBC v Shulem B Association Ltd [2011] 1 WLR 3014, the High Court held that the “demand” for the purposes of s.20B(1) had to be a contractually valid demand. That decision was approved – without argument to the contrary – in Skelton v DBS Homes (Kings Hill) Ltd [2017] EWCA Civ 1139.’
Landmark Chambers, 2nd June 2020
Source: www.landmarkchambers.co.uk
‘Ashley Cukier and Anirudh Mathur explore the duty of “utmost good faith” in the context of the PL and EFL Rules.’
Littleton Chambers, 4th June 2020
Source: littletonchambers.com
‘On 10 May 2020, the Prime Minister announced changes in the Government’s guidance on working. All employees and workers who could work from home should continue to do so, but those who could not should return to their workplace.’
Thomas More Chambers, 8th June 2020
Source: www.thomasmore.co.uk
‘Four neo-Nazi “diehards” convicted of being members of the banned terrorist group National Action have been jailed.’
The Guardian, 9th June 2020
Source: www.theguardian.com
‘The Upper Tribunal (Tax and Chancery Chamber) recently held in Revenue and Customs v Professional Game Match Officials Ltd that part-time football referees are independent contractors (rather than employees, whose match fees and other payments are subject to PAYE).’
Old Square Chambers, 1st June 2020
Source: www.oldsquare.co.uk
‘The judgment handed down by the Supreme Court in the case of XX (Respondent) v Whittington Hospital NHS Trust (Appellant) [2020] UKSC 14, on 1 April 2020, fundamentally changed the landscape in the United Kingdom for recovering the cost of surrogacy arrangements. By a majority, it determined that a person may claim damages to fund the cost of surrogacy, both commercial in a country where it is lawful and non-commercial, using her own or donor eggs.’
No. 5 Chambers, 4th June 2020
Source: www.no5.com
‘The Family Division has determined that a claimant’s success fee should be awarded to her as part of her award under the Inheritance (Provision for Family and Dependants) Act 1975.’
New Square Chambers, June 2020
Source: www.newsquarechambers.co.uk
‘Just over a quarter (26%) of defendants are using Covid-19 as an excuse to stall brain injury claims, despite guidelines urging the parties to take a consensual approach, research has suggested.’
Litigation Futures, 9th June 2020
Source: www.litigationfutures.com
‘Survivors of the Manchester Arena attack are taking legal action after losing their bid to be represented at the public inquiry into the bombing.’
BBC News, 9th June 2020
Source: www.bbc.co.uk
High Court (Administrative Court)
High Court (Queen’s Bench Division)
The New York Laser Clinic Ltd v Naturastudios Ltd & Ors [2020] EWHC 560 (QB) (09 June 2020)
Source: www.bailii.org
‘We all know what the “2 metre” rule is – how does that translate to retailers and what does the latest guidance say?’
Six Pump Court, 8th June 2020
Source: www.6pumpcourt.co.uk
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