July 2020 – Page 17 – Current Awareness

Security for Costs – International Pipeline Products Ltd v IK UK Ltd. and others – NIPC Law

Posted July 9th, 2020 in civil procedure rules, costs, jurisdiction, news by sally

‘This was an application by several defendants to a claim for breach of contract, conspiracy, breach of confidence and patent, copyright and unregistered design right infringement for security for costs. It was heard by Mr David Stone sitting as a deputy judge of the High Court on 1 May 2020. He gave an extemporary judgment on the day of the hearing and delivered detailed reasons on 24 June 2020.’

NIPC Law, 8th July 2020

Source: nipclaw.blogspot.com

LGBT asylum seekers routinely see claims rejected in Europe and UK – The Guardian

Posted July 9th, 2020 in asylum, burden of proof, gender, homosexuality, news, transgender persons by sally

‘People seeking asylum in the UK and Europe on the grounds of sexual orientation and gender identity are routinely seeing their claims rejected because of a widespread “culture of disbelief” and an “impossible burden of proof”, researchers have said.’

The Guardian, 9th July 2020

Source: www.theguardian.com

SRA to review regime for checking solicitors’ competence – Legal Futures

Posted July 9th, 2020 in consumer protection, legal services, news, solicitors, Solicitors Regulation Authority by sally

‘The Solicitors Regulation Authority (SRA) is to launch a review of its approach to solicitors’ continuing competence, it has emerged.’

Legal Futures, 9th July 2020

Source: www.legalfutures.co.uk

Pubs, Pandemics and Privacy: 5 Things You Need To Know – Each Other

Posted July 9th, 2020 in coronavirus, data protection, human rights, licensing, news, privacy by sally

‘Hundreds of pubs across England have reopened their doors after months of lockdown – with a handful having to close again after punters reported testing positive for Covid-19.’

Each Other, 8th July 2020

Source: eachother.org.uk

Green light given for judicial review challenge of £350 million hospital redevelopment plan – Local Government Lawyer

Posted July 9th, 2020 in budgets, health, hospitals, judicial review, news by sally

‘A judicial review into the allocation of funding for hospital services in Hertfordshire is to take place after campaigners for a new hospital successfully applied for a judicial review of the plan to redevelop the area’s existing hospitals.’

Local Government Lawyer, 8th July 2020

Source: www.localgovernmentlawyer.co.uk

Met carried out 22,000 searches on young black men during lockdown – The Guardian

Posted July 9th, 2020 in coronavirus, minorities, news, police, statistics, stop and search, young persons by sally

‘Young black men were stopped and searched by police more than 20,000 times in London during the coronavirus lockdown – the equivalent more than a quarter of all black 15- to 24-year-olds in the capital.’

The Guardian, 8th July 2020

Source: www.theguardian.com

Expanded Scope to the Package Holidays Regulations: An Overview – 33 Bedford Row

Posted July 8th, 2020 in chambers articles, consumer protection, coronavirus, holidays, news by sally

‘The package travel industry is going through unprecedented times, however, there may be some positive signs on the horizon. Travel is likely to return and, as Augustine of Hippo said, the world is a book and those who do not travel only read one page. Taking a long term view, it might be said that, in keeping with Augustine’s description of the world, people will continue to read as many pages as possible, because normally, holiday travel is a key event in most people’s annual calendar. It is estimated that 9 in 10 people from the UK went on a holiday in 2019 and in the same year, outbound travel contributed £37.1Bn to the UK economy.’

33 Bedford Row, 6th July 2020

Source: www.33bedfordrow.co.uk

Coronavirus and property: keep taking the medicine – Falcon Chambers

Posted July 8th, 2020 in bills, chambers articles, coronavirus, forfeiture, insolvency, landlord & tenant, local government, news, planning, rent, repossession by sally

‘In the midst of the coronavirus pandemic Parliament has been, and continues to be, very active. This note provides a quick update in relation to the latest developments on four fronts: (1) forfeiture; (2) CRAR; (3) insolvency; (4) planning.’

Falcon Chambers, 29th June 2020

Source: www.falcon-chambers.com

OHL v Qatar Foundation and tribunal’s powers to correct awards and scope of permissible challenges – Atkin Chambers

Posted July 8th, 2020 in arbitration, chambers articles, international courts, joint ventures, jurisdiction, news, statutory interpretation by sally

‘Challenges were brought by a contractor (JV) under sections 67 and 68(2)(b) of the Arbitration Act 1996 (AA 1996) in respect of an addendum award (the Addendum) issued by an International Chamber of Commerce (ICC) tribunal. The Addendum was issued following an application by the employer to correct a fourth partial award. JV’s challenges were dismissed and the judge gave helpful guidance as to the scope of AA 1996, ss 67 and 68 and the scope of a tribunal’s power to correct and/or interpret its award. Written by Simon Lofthouse QC and Zulfikar Khayum, barristers, at Atkin Chambers, and counsel for Qatar Foundation.’

Atkin Chambers, 6th July 2020

Source: www.atkinchambers.com

Inquiry was “right to refuse” participants choice of lawyer – Legal Futures

Posted July 8th, 2020 in blood products, compensation, inquiries, medical treatment, news, solicitors by sally

‘The High Court has upheld a decision refusing two ‘core participants’ in the infected blood public inquiry the right to nominate their own solicitors.’

Legal Futures, 8th July 2020

Source: www.legalfutures.co.uk

‘Breathing space’: the impact of a more consensual approach – 3 Hare Court

Posted July 8th, 2020 in chambers articles, company law, contracts, coronavirus, insolvency, news, pre-action conduct by sally

‘On 27 April 2020 the British Institute of International and Comparative Law (BIICL) published Breathing Space – a Concept Note on the effect of the pandemic on commercial contracts. The central thesis is that to mitigate the damaging effects of COVID-19 on the global economy, private law should encourage compromise and mediation rather than a zero-sum rush to terminate contracts and then to litigation and arbitration.

3 Hare Court, 29th June 2020

Source: www.3harecourt.com

German Local Courts are Competent to Issue EAWs: Louisa Collins – 5SAH

Posted July 8th, 2020 in courts, foreign jurisdictions, international law, news, warrants by sally

‘The Divisional Court handed down its decision on 6th May 2020, in a renewed permission hearing, ruling that German local courts were competent to issue European Arrest Warrants: Shirnakhy & Hosseinali v Weiden Local Court, Germany, [2020] EWHC 1103 (Admin), Nicola Davies LJ and Lewis J presiding.’

5SAH, 2nd July 2020

Source: www.5sah.co.uk

Attending a court to give evidence for the employer is not ‘‘work’’ for the purposes of the ‘furlough’ scheme – 3PB

Posted July 8th, 2020 in chambers articles, coronavirus, courts, employment, evidence, news, statutory interpretation, witnesses by sally

‘According to a report in the Nottinghamshire Law Society Civil Court User Bulletin No 5. HHJ Godsmark QC, on an application to vacate a trial on account of the Defendant’s witnesses being “furloughed”, stated that, “attending a court to give evidence for the employer is not ‘work’ and certainly not work within the meaning of the furlough scheme”.’

3PB, 3rd July 2020

Source: www.3pb.co.uk

The Court of Protection and the Appointment of a Deputy – Becket Chambers

Posted July 8th, 2020 in civil procedure rules, Court of Protection, news, powers of attorney by sally

‘When a person loses the mental capacity to make decisions for themselves (and they haven’t already put a power of attorney in place), those who care for them may need to apply to the Court of Protection (COP) to appoint a Deputy. In this article I will briefly sets out the differences between a lasting power of attorney (LPA), enduring power of attorney (EPA) and a Deputy. I will then give a sketch of how the Court of Protection works.’

Becket Chambers, 3rd July 2020

Source: becket-chambers.co.uk

COVID 19: an update on remote hearings and making them effective – 3PB

Posted July 8th, 2020 in chambers articles, civil justice, coronavirus, news, remote hearings by sally

‘Much has been written about the dramatic decrease in civil hearings as a result of the COVID 19 pandemic. A survey conducted by Kate Brunner QC and I for the Western Circuit showed a 75% decrease in the number of hearings and a 58% reduction in work done by the Bar.’

3PB, 6th July 2020

Source: www.3pb.co.uk

MoJ favours ‘Nightingale’ crown courts to tackle huge backlog of cases – Thomas More Chambers

Posted July 8th, 2020 in chambers articles, coronavirus, courts, delay, juries, Ministry of Justice, news, trials by sally

‘So reports Owen Bowcott, the legal affairs correspondent for The Guardian today. “Nightingale” courts being venues which have been identified as suitable for trials utilising public spaces such a civic centres or university moot halls; apparently to be renamed Blackstone Courts.’

Thomas More Chambers, 3rd July 2020

Source: www.thomasmore.co.uk

London Borough of Hackney v Okoro [2020] EWCA Civ 681 – Tanfield Chambers

Posted July 8th, 2020 in appeals, chambers articles, civil procedure rules, housing, landlord & tenant, local government, news, practice directions, repossession by sally

‘If possession proceedings were initially “brought” under CPR Part 55, and are not caught by one of the exceptions set out in CPR PD 51Z Para.2A, then the automatic stay imposed by the practice direction takes effect.’

Tanfield Chambers, 30th June 2020

Source: www.tanfieldchambers.co.uk

Beware of issuing ‘hopeless’ Inheritance claims in expectation of settlement – St Ives Chambers

Posted July 8th, 2020 in chambers articles, costs, families, financial dispute resolution, financial provision, news, wills by sally

‘Ever since the well-known case of Ilott v The Blue Cross and others [2017] where an adult child was awarded £50,000 from her mother’s estate (notwithstanding their estrangement), practitioners are regularly approached by adult children in order to claim from an estranged relative’s inheritance. There is often reference to a “10% rule” based on what was awarded in Ilott.’

St Ives Chambers, 3rd July 2020

Source: www.stiveschambers.co.uk

Triplerose Limited v Beattie and Beattie [2020] UKUT 180 (LC) – Tanfield Chambers

Posted July 8th, 2020 in appeals, chambers articles, covenants, holidays, housing, landlord & tenant, leases, news, tribunals by sally

‘A lease that contains a covenant against use other than as a private dwellinghouse is breached where the tenant opts to let the property out on short term lets through sites such as Airbnb and Booking.com. However, where the tenant still makes regular use of the property as a residence in and around those bookings, the tenant will not be in breach of a separate covenant not to carry on a business from the property (as distinct from a covenant not to use the property for a business).’

Tanfield Chambers, 30th June 2020

Source: www.tanfieldchambers.co.uk

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