Coronavirus: Police fines for lockdown breaches fall as measures ease – BBC News

Posted June 12th, 2020 in coronavirus, emergency powers, enforcement, fines, news, police, statistics by sally

‘More than 17,000 fines for alleged breaches of coronavirus lockdown laws have been issued in England and Wales.’

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BBC News, 11th June 2020

Source: www.bbc.co.uk

Frustrated by COVID-19? Tell that to your contract – No. 5 Chambers

Posted June 11th, 2020 in chambers articles, contracts, coronavirus, news by sally

‘The law of frustration has reared its head at some memorable moments in British history: King Edward VII’s cancelled coronation; the First World War; the Second World War; and Brexit. Will the COVID-19 pandemic join this list?’

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No. 5 Chambers, 3rd June 2020

Source: www.no5.com

COVID-19 and the Right to Protest – St John’s Buildings

‘Criminal barrister Rebecca Penfold has co-authored an article with Aparna Rao of 5 Paper Buildings about Covid-19 and the right to protest. It asks what rights do individual citizens have to protest, whilst subject to lockdown restrictions in England?’

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St John's Buildings, 3rd June 2020

Source: stjohnsbuildings.com

Insolvency in the English Football League: impact on players and staff – Littleton Chambers

Posted June 11th, 2020 in contract of employment, coronavirus, debts, insolvency, news, remuneration, sport by sally

‘In relation to the EFL, there have been dire warnings that in the absence of a substantially increased contribution from the Premier League, up to 60 clubs could go out of business.’

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Littleton Chambers, 2nd June 2020

Source: littletonchambers.com

Giving evidence is not ‘work’ for furloughed employee – Litigation Futures

Posted June 11th, 2020 in adjournment, coronavirus, employment, news, witnesses by sally

‘Giving evidence at court is not “work” for an employee and so being on furlough is not a reason for their employer to seek to vacate a hearing, the designated civil judge in Nottingham has ruled.’

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Litigation Futures, 11th June 2020

Source: www.litigationfutures.com

Absence of shielding QC “does not make in-person hearing unfair” – Legal Futures

‘A QC’s inability to attend court in person because she is shielding, unlike the other counsel in a case, will not make the hearing unfair, the Court of Appeal has ruled.’

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Legal Futures, 10th June 2020

Source: www.legalfutures.co.uk

Director of Public Prosecutions threatened with legal action over failure to investigate Dominic Cummings – The Guardian

‘The director of public prosecutions, Max Hill, is being threatened with legal action over the failure to investigate Dominic Cummings for alleged breaches of the lockdown rules.’

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The Guardian, 10th June 2020

Source: www.theguardian.com

Latest on the Lockdown Challenge in the UK courts – UK Human Rights Blog

‘On 26 May, judicial review proceedings were launched in the High Court which not only challenged the lawfulness of the Lockdown Regulations as having been made “ultra vires” under the 1984 Public Health Act, but also claimed that they are disproportionate to the threat posed by Covid-19. Philip Havers QC of 1 Crown Office Row is acting for the claimant.’

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UK Human Rights Blog, 9th June 2020

Source: ukhumanrightsblog.com

Clin neg trial could be held remotely “as last resort” – Litigation Futures

Posted June 11th, 2020 in case management, coronavirus, hospitals, negligence, news, remote hearings by sally

‘A clinical negligence hearing is set to begin in person in the High Court today, although the judge ruled last week that it could be conducted remotely if there was no other option.’

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Litigation Futures, 8th June 2020

Source: www.litigationfutures.com

Business Immigration: Coronavirus and the Concession for Entrepreneurs – Garden Court Chambers

Posted June 10th, 2020 in chambers articles, coronavirus, employment, immigration, interpretation, news by sally

‘The Entrepreneur route has always provided more than its fair share of interpretative challenges to business people and their lawyers alike. And it looks like the Covid-19 concession announced for those still in the route (it was replaced for new applicants by the Innovator option in Spring 2019) is no different.’

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Garden Court Chambers, 5th June 2020

Source: www.gardencourtchambers.co.uk

I do declare! Could a test case on remote witnessing wills be brought before death? – Hardwick Chambers

Posted June 10th, 2020 in chambers articles, coronavirus, executors, news, wills by sally

‘In this post, I address the question of whether or not a test case on remote witnessing could be brought now by a testator who has attempted to make a will using videoconferencing technology.’

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Hardwicke Chambers, 1st June 2020

Source: hardwicke.co.uk

Family President predicts “very radical reduction” in amount of time that courts afford to each hearing – Local Government Lawyer

Posted June 10th, 2020 in coronavirus, delay, families, family courts, news, remote hearings by sally

‘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.’

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Local Government Lawyer, 9th June 2020

Source: www.localgovernmentlawyer.co.uk

Jake Hinks: The Coronavirus Act 2020: An Example of ‘Excessive Executive Dominance’ – UK Constitutional Law Association

‘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.’

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UK Constitutional Law Association, 9th June 2020

Source: ukconstitutionallaw.org

Can a clinical negligence trial be heard remotely? – UK Human Rights Blog

Posted June 10th, 2020 in chambers articles, coronavirus, hospitals, negligence, news, remote hearings by sally

‘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.’

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UK Human Rights Blog, 9th June 2020

Source: ukhumanrightsblog.com

The Return of English Football: Project Restart and the Duty of Utmost Good Faith – Littleton Chambers

Posted June 10th, 2020 in chambers articles, coronavirus, news, sport by sally

‘Ashley Cukier and Anirudh Mathur explore the duty of “utmost good faith” in the context of the PL and EFL Rules.’

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Littleton Chambers, 4th June 2020

Source: littletonchambers.com

COVID-19, Risk Assessments and Implementing Health and Safety Measures for a Return to Work – Thomas More Chambers

‘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.’

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Thomas More Chambers, 8th June 2020

Source: www.thomasmore.co.uk

Covid-19 being used to “stall” brain injury claims – Litigation Futures

‘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.’

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Litigation Futures, 9th June 2020

Source: www.litigationfutures.com

Retailers and social distancing – what does the latest guidance say? – Six Pump Court

‘We all know what the “2 metre” rule is – how does that translate to retailers and what does the latest guidance say?’

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Six Pump Court, 8th June 2020

Source: www.6pumpcourt.co.uk

Speeding up the property buying process – Legal Futures

Posted June 10th, 2020 in conveyancing, coronavirus, estate agents, housing, news by sally

‘Speeding up the process of property buying and selling has taken on new urgency following the conveyancing market meltdown due to Covid-19.’

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Legal Futures, 9th June 2020

Source: www.legalfutures.co.uk

Suspension of evictions extended by 2 months – St Ives Chambers

‘Despite the government’s general stance on relaxation of lockdown and the recommendations of the Housing, Communities and Local Government Select Committee, the ban on taking active steps in possession claims or seeking to enforce possession orders has been extended until 23 August. This was following advice from the Lord Chancellor and the Civil Procedure Rules Committee.’

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St Ives Chambers, June 2020

Source: www.stiveschambers.co.uk