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.’

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Francis Taylor Building, 20th May 2020

Source: www.ftbchambers.co.uk

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

‘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.’

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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.’

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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.’

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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) …’

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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

‘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.’

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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.’

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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.’

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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.’

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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.’

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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.’

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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.’

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St Ives Chambers, 21st May 2020

Source: www.stiveschambers.co.uk

Indefinite Leave to Remain as a Bereaved Partner – Richmond Chambers

Posted June 2nd, 2020 in bereavement, coronavirus, immigration, married persons, news by sally

‘Daily reports of death during the Covid-19 pandemic has made many of us think about loved ones, how to protect them and the implications of life without them. If your leave to enter or remain is dependent on a relationship, what does happen if a partner passes away? The Immigration Rules in fact provide a route for indefinite leave to remain (ILR) as a bereaved partner. In this post we look at the requirements.’

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Richmond Chambers, 22nd May 2020

Source: immigrationbarrister.co.uk

COVID-19, Vaccines, BREXIT and Vaccine Damage Claims – Henderson Chambers

Posted June 2nd, 2020 in brexit, coronavirus, damages, medicines, news, personal injuries, vaccination by sally

‘There is currently an enormous international effort in progress to invent, test and obtain regulatory approval for a COVID-19 vaccine (or more accurately, a vaccine against SARS-CoV-2, the underlying virus). It is right to consider now, how such a vaccine will get regulatory approval, how such approval might be affected by BREXIT, and if no-fault vaccine damage schemes may apply to any such novel vaccine.’

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Henderson Chambers, 18th May 2020

Source: www.hendersonchambers.co.uk

Mediation: don’t panic in the pandemic, be prepared – Counsel

‘Might fear of the courts being overwhelmed by an anticipated flood of cases, after eventual emergence from lockdown, begin a trend amongst the judiciary to be more proactive in its encouragement of mediation? Colin Manning investigates.’

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Counsel, June 2020

Source: www.counselmagazine.co.uk

British citizenship after obtaining EU Settled Status – Richmond Chambers

Posted June 2nd, 2020 in citizenship, domicile, EC law, families, immigration, news, treaties by sally

‘EU Settled Status is a relatively new form of indefinite leave to remain (ILR) for which EEA nationals and family members have to apply by 30 June 2021. In this post we look at how to obtain British citizenship after obtaining EU Settled Status.’

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Richmond Chambers, 25th May 2020

Source: immigrationbarrister.co.uk

Sole Representative Visa: Genuineness and Legal Certainty – Richmond Chambers

Posted June 2nd, 2020 in chambers articles, immigration, news, subsidiary companies, visas by sally

‘Paragraph 144 of the Immigration Rules was simple. It placed great trust in the parent company. From the amendments in response to the anxieties, we can see that re-orientation is from the parent company to the sole representative. The Home Office will consider the representative’s skills, knowledge, experience, the ownership and control held by the sole representative and their partner, and refuse if it considers the application is merely a way to facilitate the sole representative’s entry or stay.’

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Richmond Chambers, 28th May 2020

Source: immigrationbarrister.co.uk

The coronavirus crisis in Britain’s prisons – The Guardian

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

‘As Britain faced an unprecedented lockdown, the situation for the 80,000 people in prison was even more stringent. David Adams was recently released from jail and describes how prisoners were confined to their tiny cells for more than 23 hours a day.’

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The Guardian, 1st June 2020

Source: www.theguardian.com