coronavirus – Page 45 – Current Awareness

Regulation in the time of Coronavirus by Nicola Hoskins – Broadway House Chambers

Posted June 16th, 2020 in coronavirus, financial regulation, news, regulations, Solicitors Regulation Authority by sally

‘At the moment, the phrase “business as usual” means anything but: business unusual, we might say. For some, it means a substantial part of the operation is running remotely; others are subject to extensive furloughs and others still will be seeing a downturn in demand or cashflow from which there may be no easy recovery. This is likely to be the case even as the restrictions begin to ease: social distancing and changes in consumer behaviour may result in remote working and smaller operations for some considerable time to come. Whatever the position, businesses will still be subject to regulatory oversight which may present more challenges than usual. This article will take a brief look at some of the key points, along with some practical considerations arising.’

Broadway House Chambers, 8th June 2020

Source: broadwayhouse.co.uk

The price of an unreasonable refusal to engage: ADR, Litigation and cost consequences – 3PB

Posted June 15th, 2020 in chambers articles, coronavirus, costs, dispute resolution, news, part 36 offers by sally

‘The touchstone of all ADR procedures is that parties enter into them voluntarily. However, there is an increasing body of case law in the English courts that suggests mediation should be seriously considered:

a. before litigation is entered into. Failure to do so may result in adverse or impacted
costs for a client, even if successful; and

b. in the course of litigation (instigated by the parties and increasingly with court
directions) an unreasonable refusal of a request to mediate may have bearing on
Part 36 offers and costs.

3PB, 8th June 2020

Source: www.3pb.co.uk

Racism contributed to disproportionate UK BAME coronavirus deaths, inquiry finds – The Guardian

Posted June 15th, 2020 in coronavirus, equality, government departments, inquiries, news, race discrimination, racism, statistics by sally

‘Racism and discrimination suffered by Britain’s black, Asian and minority ethnic people has contributed to the high death rates from Covid-19 in those communities, an official inquiry has found.’

The Guardian, 14th June 2020

Source: www.theguardian.com

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?’

Falcon Chambers, May 2020

Source: www.falcon-chambers.com

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.’

Litigation Futures, 15th June 2020

Source: www.litigationfutures.com

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.’

The Guardian, 12th June 2020

Source: www.theguardian.com

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.’

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.’

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.’

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

Source: www.4-5.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.’

No. 5 Chambers, 1st June 2020

Source: www.no5.com

Ellie Mitten and Sophie Phillips discuss whether schools and universities are offering ‘reasonable’ alternatives and the meaning of the recent guidance. – Park Square Barristers

Posted June 12th, 2020 in chambers articles, children, competition, coronavirus, families, fines, internet, news, school children, universities by sally

‘As the lockdown has progressed, it has become evident that the remote learning services being offered are of differing standards between institutions, with some offering services which are far superior to others. This is particularly so in the case of independent schools. Some independent schools are effectively offering pupils a full timetable, with plenty of contact time with teachers and opportunities to review work and consolidate learning. In contrast, other schools are offering little to no contact time with teachers – disseminating worksheets or PowerPoint presentations, but expecting parents to supervise and effectively teach topics, or for the child to be able to learn independently.’

Park Square Barristers, 4th June 2020

Source: www.parksquarebarristers.co.uk

Safe workplaces and the commute to work – how far does section 44 of the Employment Rights Act 1996 go? – Six Pump Court

Posted June 12th, 2020 in chambers articles, coronavirus, duty of care, employment, employment tribunals, health, health & safety, news, statutory interpretation by sally

‘On 11 May 2020, the Government published practical Guidance[1] in a bid to encourage workplaces to be made as safe as possible for returning employees during the Covid-19 pandemic. Whilst the Guidance has been developed in consultation with unions and industry bodies, there still exists the very real possibility that employees do not have sufficient confidence that their workplaces are, in fact, ‘Covid-19 secure’ and consider that by returning, they have been subjected to a detriment by their employer.’

Six Pump Court, 9th June 2020

Source: www.6pumpcourt.co.uk

COVID-19 Topics: The Basics of Individual Insolvency – Thomas More Chambers

Posted June 12th, 2020 in bankruptcy, chambers articles, coronavirus, debts, insolvency, news by sally

‘Beyond the medical and physical toll that Covid-19 is taking on sufferers and their families, the economic crisis with lockdown is also expected to lead to a surge in corporate and individual insolvencies. Individuals in particular are likely to be unfamiliar with their options when facing insolvency and with the procedures that aim to balance the twin goals of granting individuals relief from their debt whilst fairly distributing the individual’s assets to creditors.’

Thomas More Chambers, 29th May 2020

Source: www.thomasmore.co.uk

The Coronavirus Job Retention Scheme: more holiday cancellations? – Littleton Chambers

Posted June 12th, 2020 in chambers articles, coronavirus, employment, holiday pay, holidays, news by sally

‘David Reade QC and Daniel Northall provide their fourth update on the Coronavirus Job Retention Scheme and examine the relationship between furlough and annual leave.’

Littleton Chambers, 5th June 2020

Source: littletonchambers.com

Special Dispensations: coronavirus puts informal wills back on the agenda – Hardwicke Chambers

Posted June 12th, 2020 in chambers articles, coronavirus, news, probate, wills by sally

‘The exigencies of the coronavirus pandemic, which has led to a high demand for will writing services, and the challenges of meeting that demand whilst observing social distancing, have brought the issue of will reform into sharp focus. At a time when technology provides a solution to so many of the problems that we currently face, the insistence on wet ink and the physical presence of witnesses for the making of a valid will appears increasingly archaic. Citing the dignity and peace of mind that putting one’s affairs in order brings and the urgent need people have to make provision for those they may leave behind, Gina Miller and Baroness Helena Kennedy QC have this month called on the government to extend the provisions relating to privileged (wartime) wills to the current situation so as to allow purely oral testamentary statements to be admitted to probate.’

Hardwicke Chambers, 3rd June 2020

Source: hardwicke.co.uk

Does the Buck Stop? Legal Liability for Death from Covid-19 – Garden Court Chambers

Posted June 12th, 2020 in care homes, chambers articles, coronavirus, duty of care, government departments, health, health & safety, inquiries, news by sally

‘“If the government were an employee of mine I would have sacked them for gross negligence” – so said Anita Astley, manager of Wren Hall nursing home in Nottinghamshire, where 10 residents died from Covid-19 and 48 carers caught the virus in a three week period[1]. Ms Astley’s complaint poses in stark terms a question which has been circulating since the full and devastating extent of the consequences of the pandemic have become clear: what, if any, legal liability does the state have for deaths caused by Covid-19?’

Garden Court Chambers, 9th June 2020

Source: www.gardencourtchambers.co.uk

Protesting During a Pandemic: What Are Your Rights? – 3PB

Posted June 12th, 2020 in chambers articles, coronavirus, demonstrations, human rights, news, police, race discrimination, racism, stop and search by sally

‘The general rule is that everyone has the right to associate with others and to gather together for a common purpose. Article 11 of the ECHR safeguards our right to peaceful assembly and is one of the foundations of a democratic society. This means that the State cannot interfere with your right to join a peaceful assembly and protest, even if the protest is against the State itself, or simply because the protest might cause inconvenience or lead to heated debate and tension. Article 11 does not safeguard intentionally violent protests; the State can interfere where a protest turns violent.’

3PB, 4th June 2020

Source: www.3pb.co.uk

Guidance from the High Court on adjournments in care proceedings during the COVID-19 pandemic (A Local Authority v Mother and Ors) – 1 GC: Family Law

Posted June 12th, 2020 in adjournment, care orders, chambers articles, children, coronavirus, expert witnesses, families, family courts, news, remote hearings by sally

‘Liz Andrews, barrister at 1|GC Family Law reviews the judgment in A Local Authority v The Mother and others where Williams J was required to determine, in light of the guidance of the President of the Family Division alongside the recent decisions concerning adjournments during the coronavirus (COVID-19) pandemic, whether a fact-finding hearing taking place within long-running care proceedings was to continue following the conclusion of expert evidence and, if so, in what form, or whether the hearing should be adjourned to allow the lay parties to give evidence in person.’

1 GC: Family Law, 5th June 2020

Source: 1gc.com

Court of Appeal considers the cardinal points for remote hearings during the coronavirus (COVID19) pandemic (Re A (children) and Re B (Children)) – 1 GC: Family Law

Posted June 12th, 2020 in appeals, care orders, case management, children, coronavirus, families, news, remote hearings by sally

‘On consecutive days, the Court of Appeal, which included the President of the Family Division, considered two decisions of the lower courts to conduct remote hearings, Re A in relation to a final hearing as to care and placement orders and Re B regarding an interim care order with a plan for removal. Matthew Fletcher, barrister at 1|GC Family Law, compares and contrasts the two decisions and analyses whether common threads emerge that could assist practitioners in advising clients and making submissions to the court as to whether a case is suitable for a remote hearing.’

1 GC: Family Law, 4th June 2020

Source: 1gc.com

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