Category: chambers articles

Criminal Powers in response to Covid-19 – stay indoors instructions – 5 SAH

Posted April 3rd, 2020 in chambers articles, coronavirus, criminal justice, emergency powers, enforcement, freedom of movement, government departments, news, police by sally

‘On 23 March 2020, the Prime Minister instructed everyone to remain in their homes in order to limit the spread of COVID-19. The overwhelming majority of individuals and businesses have taken steps to comply with that instruction. However, concerns remained about the large number of people continuing to use London Underground, groups of people congregating in public places and a small number of people steadfastly refusing to comply. From the off, law enforcement officials were asking to be furnished with powers to enforce compliance.’

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5 SAH, 30th March 2020

Source: www.5sah.co.uk

Covid-19: Pay for working parents forced to look after their children – Cloisters

Posted April 3rd, 2020 in chambers articles, children, coronavirus, employment, families, news, remuneration by sally

‘Employers are making difficult choices at this time in situations which have never affected their workplaces before. Employment lawyers are having to advise in a context where the landscape is changing day by day. As fresh guidance is issued and new headlines emerge, the next legal queries evolve.’

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Cloisters, 27th March 2020

Source: www.cloisters.com

Covid-19: Furlough and job retention: Key issues for Employment Lawyers – Cloisters

Posted April 3rd, 2020 in chambers articles, coronavirus, employment, news, redundancy, remuneration by sally

‘Employers are making difficult choices at this time in situations which have never affected their workplaces before. As fresh guidance is issued and new headlines emerge, the next legal queries evolve.’

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Cloisters, 30th March 2020

Source: www.cloisters.com

Contracting with Coronavirus: JCT contract terms – 39 Essex Chambers

Posted April 3rd, 2020 in building law, chambers articles, construction industry, contracts, coronavirus, news by sally

‘This article, the first in a series of three articles, considers the effect of Coronavirus on the contract terms applicable to the JCT form of contract. Other articles cover NEC terms, and the possible impact of the common law principle of frustration.’

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39 Essex Chambers, 26th March 2020

Source: www.39essex.com

COVID-19 New Insolvency Rules – Radcliffe Chambers

Posted April 3rd, 2020 in chambers articles, coronavirus, insolvency, news by sally

‘The Government has proposed imminent new insolvency rules with the aim of helping more businesses weather the COVID-19 storm and avoid entering an insolvency process. The overriding objective is to assist UK companies to keep trading whilst restructuring. The measures proposed to give this breathing space are set to include a suspension of the current wrongful trading provisions and a new moratorium for businesses undergoing a restructuring process.’

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Radcliffe Chambers, 30th March 2020

Source: radcliffechambers.com

Papa Don’t Breach: Parental Liability under the Coronavirus Regulations – The 36 Group

Posted April 3rd, 2020 in chambers articles, coronavirus, emergency powers, enforcement, government departments, news, police by sally

‘The new Coronavirus legislation is only a week old and already there is public discussion over the tactics used by the police to enforce it (notable perhaps was former Supreme Court Justice Lord Sumption expressing concern that we are sliding into “a police state”).’

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The 36 Group, 2nd April 2020

Source: 36group.co.uk

113th CPR Update – Practice Direction Amendments by Paul Dormand – Broadway House Chambers

Posted April 2nd, 2020 in chambers articles, civil procedure rules, news, practice directions by sally

‘Some of the amendments are in force from 31st March 2020, others from 6th April 2020. Here is a selection of some of the key points.’

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Broadway House Chambers, 27th March 2020

Source: broadwayhouse.co.uk

The Rise and Fall of Subtle Brain Injury – Rope Walk Chambers

Posted April 2nd, 2020 in chambers articles, news, personal injuries, psychiatric damage by sally

‘Andrew Hogan gives his insight into the Rise and Fall of Subtle Brain Injury in his latest Personal Injury Update.’

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Rope Walk Chambers, 1st April 2020

Source: www.ropewalk.co.uk

Personal Protective Equipment – The Last Frontier? – Old Square Chambers

Posted April 2nd, 2020 in care workers, chambers articles, health, health & safety, hospitals, news by sally

‘A look at the legal issues surrounding the provision of personal protective equipment to front line healthcare workers.’

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Old Square Chambers, 30th March 2020

Source: www.oldsquare.co.uk

Imposing Quistclose trusts—knowledge, not notice, as the golden rule (Goyal v Florence Care Ltd) – New Square Chambers

Posted April 2nd, 2020 in chambers articles, delay, equity, fiduciary duty, joint ventures, news, solicitors by sally

‘Goyal emphasises the importance of knowledge over notice in generating a Quistclose Trust. Solicitors and commercial fund managers should be alert to the possible implications arising from the allocation and management of communications received, mindful that attributed knowledge may still suffice in the right circumstances. Goyal provides an important reminder of the gateway function of an order for an account through which substantive remedies can be accessed. A party’s entitlement to an account following breach of fiduciary duty should not be circumscribed by judicial assumptions that little may be gained from the exercise, nor by considerations of the delay between relevant events and trial. An account may prove to be fruitless but a claimant should be entitled to find this out for themselves.’

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New Square Chambers, 23rd March 2020

Source: www.newsquarechambers.co.uk

Hot Air – Rope Walk Chambers

Posted April 2nd, 2020 in chambers articles, costs, judicial review, news by sally

‘In his latest Costs article, Andrew Hogan discussed Costs in relation to Judicial review.’

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Rope Walk Chambers, 31st March 2020

Source: www.ropewalk.co.uk

The Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 – Six Pump Court

Posted April 2nd, 2020 in chambers articles, coronavirus, emergency powers, news, statutory interpretation by sally

‘Whilst the ongoing coronavirus pandemic is having a unprecedented impact upon human behaviour, businesses should also be aware of the risks to legal persons and officers created by The Health Protection (Coronavirus, Restrictions) (England) Regulations 2020.’

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Six Pump Court, 27th March 2020

Source: www.6pumpcourt.co.uk

Witness Statements: Overlong and Over-lawyered? – Hailsham Chambers

Posted April 1st, 2020 in chambers articles, drafting, evidence, news, witnesses by sally

‘As many legal commentators including the author have noted recently: long, complex and detailed statements served particularly on behalf of lay witnesses, but written by their legal teams, can be more of a hindrance than of assistance. Straightforward cross-examinations of such witnesses will frequently prove effective in at the very least exciting the suspicion of a court as to the reliability of such lay evidence, or worse, in some cases causing questions to be asked as to their credibility when the inevitable rhetorical question is asked in closing as to whether such a person ever really could have had a reasonable belief in the veracity of what the statement contained.’

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Hailsham Chambers, 27th March 2020

Source: www.hailshamchambers.com

Whistleblowing: how easy is it to make a qualifying disclosure? – St John’s Buildings

Posted April 1st, 2020 in chambers articles, disclosure, employment, news, statutory interpretation, whistleblowers by sally

‘It is generally assumed that the threshold for a statement made by a worker to qualify for whistleblowing protection is not high. After all, the information provided need only ‘tend’ to show, in the ‘reasonable belief’ of the worker that one of the wrongs identified in s.43B Employment Rights Act 1996 is being, has been, or will be committed. Often therefore, an unfair dismissal, or detriment, claim will proceed on the basis, without more, that the worker told the employer something to do with health and safety (or legal obligation or crime etc.). A deeper analysis of the s.43B requirements shows that qualification for protection is not as simple as first appears.’

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St John's Buildings, March 2020

Source: stjohnsbuildings.com

Is it possible to take a statutory declaration by Skype video or similar technology? – Hardwicke Chambers

Posted April 1st, 2020 in chambers articles, coronavirus, internet, Law Society, live link evidence, news, solicitors by sally

‘Although the position is fast-moving and guidance is expected to be given in due course by the Law Society, it is presently understood that remote video conferencing technology such as Skype or Zoom could be used by a practising solicitor to administer a statutory declaration.’

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Hardwicke Chambers, 26th March 2020

Source: hardwicke.co.uk

Do Medical Practitioners have a duty to disclose Genetic Disorders despite the Principles of Confidentiality? – Exchange Chambers

Posted April 1st, 2020 in chambers articles, confidentiality, damages, doctors, duty of care, families, health, murder, news, pregnancy, psychiatric damage by sally

‘An analysis of the ethical and legal considerations underpinning a decision to inform a patient’s relatives about a diagnosis of a genetic disorder in light of the recent judgment handed down in ABC v St Georges Healthcare and Others [2020] EWHC 455 (QB).’

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Exchange Chambers, 25th March 2020

Source: www.exchangechambers.co.uk

Coronavirus and detention under the Mental Health Act – Doughty Street Chambers

Posted April 1st, 2020 in chambers articles, consent, coronavirus, detention, medical treatment, mental health, news, proportionality, statutory interpretation, time limits, Wales by sally

‘The Coronavirus Act 2020 (CA 2020) has now been passed. However not all the provisions have yet come into force. Many of the provisions (including the amendments to the Mental Health Act 1983 (MHA) and to the Care Act 2014) will come into force on a day appointed by a Minister according to regulations. Once in force, a part of the Act could also be suspended and revived. For further details on this, see our earlier post here.’

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Doughty Street Chambers, 30th March 2020

Source: insights.doughtystreet.co.uk

The choice of experts in Catastrophic and Severe Brain Injury – Exchange Chambers

Posted April 1st, 2020 in chambers articles, expert witnesses, news, personal injuries, psychiatric damage by sally

‘In this article I will examine the issues surrounding the choice of experts in catastrophic brain injury claims. I will write about what experts are reasonably required and in what order the experts should be instructed. We will look at the various expertise available and just what it is they do and how they can help the Court to resolve the issues.’

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Exchange Chambers, 25th March 2020

Source: www.exchangechambers.co.uk

Government acted unlawfully in sharing information that could lead to death penalty, rules UK Supreme Court – Garden Court Chambers

Posted April 1st, 2020 in appeals, chambers articles, data protection, death penalty, disclosure, execution, foreign jurisdictions, government departments, news, Supreme Court by sally

‘The UK Supreme Court today ruled that the British Government acted unlawfully in a case where it departed from the UK’s longstanding policy on opposing the death penalty in all circumstances.’

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Garden Court Chambers, 25th March 2020

Source: www.gardencourtchambers.co.uk

Expert Evidence: A Cautionary Tale – Exchange Chambers

Posted April 1st, 2020 in chambers articles, civil procedure rules, documents, electronic filing, electronic mail, expert witnesses, Law Commission, news by sally

‘On 3rd March 2020, Robert Buckland, the incumbent Lord Chancellor and Secretary of State for Justice, confirmed that electronic signatures are permissible and legally valid if used in commercial and consumer documents. This declaration followed a Law Commission report, published in September last year, that looked at the electronic execution of documents, including deeds.’

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Exchange Chambers, 25th March 2020

Source: www.exchangechambers.co.uk