Commercial property landlords banned from demanding rent arrears – The Guardian

Posted April 24th, 2020 in coronavirus, debts, landlord & tenant, news, rent, repossession, winding up by sally

‘Commercial property landlords in the UK have been temporarily banned from taking legal action against tenants who have not paid their rent, to protect retailers and other businesses from “aggressive rent collection” during the coronavirus crisis.’

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The Guardian, 23rd April 2020

Source: www.theguardian.com

“The Devil Finds Work for Idle Hands” COVID-19’s Unwanted Cyber Side Effect – The 36 Group

Posted April 23rd, 2020 in chambers articles, computer crime, coronavirus, internet, news by sally

‘Cyber-crime is, at the best of times an evolving topic, in these exceptional times it is extremely fluid, as the ingenuity of the cybercriminal finds fertile ground upon which to prosper. We have in the recent past (literally) applauded the many positive actions that have emanated from this time extraordinary hardship and loss. Sadly, the recipe of “The devil finds work for idle hands” combined with the concept that the exceptional provides opportunity, cybercriminal ingenuity and a general state of latent fear, provides a meal of unrivalled opportunity for those with malevolent intent. The phrase “stay safe” is now of common occurrence. We need to be saying “stay safe” and “stay cyber safe” in these extraordinarily turbulent times.’

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The 36 Group, 22nd April 2020

Source: 36group.co.uk

Coronavirus & Arbitration: Institutional Responses, Challenges and Practical Tips (Part Two) – 39 Essex Chambers

‘In the second of two articles looking at the impact of coronavirus on international arbitration,[1] we consider the following two questions:

1. What challenges must arbitration overcome in order to fully adapt to the demands of remote working?
2. How, practically, can these challenges be met?’

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39 Essex Chambers, 23rd April 2020

Source: www.39essex.com

Coronavirus & Arbitration: Institutional Responses, Challenges and Practical Tips (Part One) – 39 Essex Chambers

‘The ongoing global pandemic created by Covid-19 (‘coronavirus’) has led to unprecedented restrictions on how we conduct our professional lives. In a matter of weeks, businesses around the world have had to make adjustments which, under different circumstances, would have been made over years – or not at all. The dispute resolution sector is no different.’

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39 Essex Chambers, 20th April 2020

Source: www.39essex.com

When is it unfair to conduct a hearing remotely? A look at Re P (A Child: Remote Hearing) [2020] EWFC 32 – St Philips Chambers

‘In the current climate the court and all parties are having to grapple with the thorny issue of the appropriateness for a family law hearing to proceed remotely; particularly concerning contested issues.’

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St Philips Chambers, 22nd April 2020

Source: st-philips.com

Access to justice in remote hearings in the Court of Protection and Family Courts – Spire Barristers

‘The Lord Chief Justice, the Master of the Rolls and President of the Family Division have written to Circuit and District Judges of the Civil and Family Courts to record their appreciation for the efforts being made across all parts of the judiciary to adapt to new styles of working during the pandemic. They observe that there has been a great deal that has been learned quickly about the practical benefits and limitations of conducting hearings remotely and extensive materials and support have been shared across the legal community to facilitate such hearings being undertaken.’

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Spire Barristers, 20th April 2020

Source: spirebarristers.co.uk

Covid19, Force Majeure and Frustration – Thomas More Chambers

Posted April 23rd, 2020 in chambers articles, contracts, coronavirus, news by sally

‘The Covid19 pandemic and subsequent lockdown have created chaos for many businesses, rendering performance of existing contractual obligations difficult or impossible. This article looks at the potential legal remedies available to businesses facing such difficulties.’

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Thomas More Chambers, 22nd April 2020

Source: www.thomasmore.co.uk

Young barristers spell out pandemic’s devastating financial toll – Legal Futures

‘Young barristers are being especially badly hit by the coronavirus crisis and they are unlikely to get much help from the government’s self-employment income support scheme (SEISS).’

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Legal Futures, 23rd April 2020

Source: www.legalfutures.co.uk

Ageism In The Age Of Covid-19 – Each Other

‘Older people are at risk of suffering worse outcomes amid the Covid-19 pandemic. But it is vital we acknowledge more than just their vulnerability.’

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Each Other, 22nd April 2020

Source: eachother.org.uk

A disproportionate interference: the Coronavirus Regulations and the ECHR — Francis Hoar – UK Human Rights Blog

‘The ‘lockdown’ imposed by the government to contain the coronavirus and Covid 19, the disease it causes has been enforced mainly through the Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 (‘the Regulations’), imposed under powers delegated by the Public Health (Control of Disease) Act 1984 (‘the 1984 Act’).’

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UK Human Rights Blog, 21st April 2020

Source: ukhumanrightsblog.com

Coronavirus Act 2020 and the powers of the government to manage individuals infected with Covid-19: How will it affect those who fall ill? (UPDATE) – 3PB

‘The Coronavirus Act 2020 (“the Act”) came into force on 25th March 2020. Among other things, the Act confers powers on public health officers, constables, and immigration officers to enable them to manage potentially infectious persons during the Covid-19 crisis. Schedule 21 of the Act contains provisions that enable the relevant officials to exercise their powers in respect of individuals in England, Wales and Scotland. This article will only focus on Part 2 of Schedule 21, which pertains to the powers of the government in England.’

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3PB, 17th April 2020

Source: www.3pb.co.uk

The Health Protection (Coronavirus Restrictions) Regulations 2020 – Pump Court Chambers

‘Justin Gau introduces us to The Health Protection (Coronavirus Restrictions) Regulations 2020. The regulations were introduced as a response to the serious and imminent threat to public health posed by the Coronavirus. In accordance with section 45R of the Public Health (Control of Disease) Act 1984, the Secretary of State was of the opinion that, by reason of urgency, it was necessary to make this statutory instrument without a draft having been laid before, and approved by each House of Parliament.’

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Pump Court Chambers, 17th April 2020

Source: www.pumpcourtchambers.com

Covid-19 and homelessness applications – Doughty Street Chambers

Posted April 22nd, 2020 in chambers articles, coronavirus, homelessness, housing, local government, news by sally

‘The onset of Covid-19 gave rise to a massive effort to provide health care services and accommodation for homeless persons. This includes not just those people who are rough sleeping, but also those otherwise at risk without a home, such as those living in hostels and B&B accommodation. A range of organisations have assisted in this process, from medical health professionals to local authorities, who have procured empty hotels and other spaces for homeless persons to self-isolate as well as acted on the government’s guidance to keep temporary accommodation open.’

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Doughty Street Chambers, 17th April 2020

Source: insights.doughtystreet.co.uk

Court hearings via video ‘risk unfairness for disabled people’ – The Guardian

‘Remote video trials could disadvantage people with learning disabilities, the equalities watchdog has warned, as courts switch to online hearings during the coronavirus crisis.’

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The Guardian, 22nd April 2020

Source: www.theguardian.com

The Coronavirus Act 2020 – Adult social care and assessing needs – Landmark Chambers

‘The social care provisions are at section 15 and Schedule 12 to the Coronavirus Act 2020 (“the Act”). They came into force in England on the 31March 2020 (on the 1st April, in Wales).’

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Landmark Chambers, 16th April 2020

Source: www.landmarkchambers.co.uk

Covid-19 testing extended to frontline court staff and judges – Law Society’s Gazette

‘HM Courts & Tribunals Service says decisions on personal protective equipment are in line with official guidance following enquiries by the Gazette about what measures are being taken to protect staff at courts being kept open during the pandemic.’

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Law Society's Gazette, 21st April 2020

Source: www.lawgazette.co.uk

McFarlane: Remote hearing on future of child a step too far – Legal Futures

‘It is not appropriate for a 15-day hearing into whether a mother has harmed her seven-year-old daughter to be held remotely, the president of the Family Court has ruled.’

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Legal Futures, 22nd April 2020

Source: www.legalfutures.co.uk

COVID-19 – trespasser possession and injunction proceedings – Application of the new Civil Procedure Rule Practice Direction 51Z – St Ives Chambers

‘The back drop to this case is that the new Practice Direction CPR 51Z effectively stays possession proceedings and enforcement issued pursuant to CPR 55 for 90 days from March 2020.’

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St Ives Chambers, 16th April 2020

Source: www.stiveschambers.co.uk

The impact of Coronavirus, part 5: the Coronavirus Act 2020 – 6KBW College Hill

‘As Hippocrates remarked at the height of the Plague of Athens in 430BC, desperate times call for desperate measures. The deadly coronavirus has brought forth desperate measures almost everywhere, and the keystone of this country’s response to the crisis is the Coronavirus Act 2020. This post focusses on some key aspects of it, asking how the new offences relating to “potentially infectious” persons are defined and whether the Act as a whole is necessary.’

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6KBW College Hill, 16th April 2020

Source: blog.6kbw.com

Whiplash reforms delayed until April 2021 – Legal Futures

Posted April 22nd, 2020 in accidents, coronavirus, damages, delay, news, personal injuries, road traffic by sally

‘The whiplash reforms have been delayed until April 2021 due to the coronavirus crisis, the Lord Chancellor announced today.’

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Legal Futures, 21st April 2020

Source: www.legalfutures.co.uk