Civil Procedure, Human Rights and the Coronavirus (Part 2) – Blackstone Chambers

‘The first article in this mini-series addressed the current position taken by Courts, Tribunals and other relevant bodies and key issues for litigators. Following the present article, the final instalment will be entitled “Civil Procedure, Litigation and the Coronavirus”.’

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Blackstone Chambers, 23rd March 2020

Source: coronavirus.blackstonechambers.com

Frustration, Force Majeure and Covid-19 – Hardwicke Chambers

Posted April 20th, 2020 in chambers articles, contracts, coronavirus, news by sally

‘Frustration and force majeure are legal concepts very much to the fore during the Covid-19 pandemic. John de Waal QC and Tom Bell review how they apply to the current coronavirus situation.’

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Hardwicke Chambers, 14th April 2020

Source: hardwicke.co.uk

The implied term of trust and confidence & the Coronavirus Job Retention Scheme – Old Square Chambers

‘The Coronavirus Job Retention Scheme (“the Scheme”) is a grant that, for those eligible, covers 80% of the usual monthly wage costs up to a ceiling of £2,500 per month plus associated employer NICs and employer pension contributions paid on the furlough pay up to the level of the minimum automatic enrolment employer contribution. Employees can be on any type of employment contract, including full-time, part-time, agency, flexible or zero-hour contracts. Foreign nationals are also eligible to be furloughed.’

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Old Square Chambers, 14th April 2020

Source: www.oldsquare.co.uk

Union seeks legal immunity for NHS medics in pandemic – The Guardian

Posted April 20th, 2020 in coronavirus, dentists, doctors, immunity, indemnities, negligence, news, nurses, trade unions by tracey

‘The NHS could be faced with billions of pounds of medical negligence claims if it does not grant some form of legal immunity to medics risking their lives during the pandemic, the government has been warned. The Medical Defence Union (MDU), which provides legal support to around 200,000 doctors, nurses, dentists and other healthcare workers, is calling for a debate over the need for emergency legislation.’

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The Guardian, 19th April 2020

Source: www.theguardian.com

Coronavirus: Police fine three Londoners over 250-mile camping trip to Wales during lockdown – The Independent

Posted April 20th, 2020 in coronavirus, emergency powers, enforcement, fines, freedom of movement, news by tracey

‘Police in Wales have fined a group of Londoners who were caught camping around 250 miles from the capital during the lockdown.’

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The Independent, 19th April 2020

Source: www.independent.co.uk

The impact of Coronavirus, part 3: the emergency criminal offences – 6KBW College Hill

‘The current pandemic has led to a flood of emergency legislation. This post deals with The Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 (SI 2020 No. 350) made under the Public Health (Control of Disease) Act 1984, which supplement the Coronavirus Act 2020. The Regulations are, as is now trite, the strictest control on peacetime life in the modern history of the United Kingdom, and they set out the limits of the “lockdown” and how it is to be enforced. This post aims to set out how the Regulations apply to individuals, and provide some analysis of their contents.’

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6KBW College Hill, 6th April 2020

Source: blog.6kbw.com

UK courts told not to ‘overreact’ during coronavirus crisis – The Guardian

‘Courts must take care not to “overreact in unprecedented times”, a former director of public prosecutions has said, amid concerns that lengthy sentences being imposed during the coronavirus crisis could be excessive.’

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The Guardian, 19th April 2020

Source: www.theguardian.com

COVID-19 and Business Interruption Insurance – Thomas More Chambers

Posted April 20th, 2020 in chambers articles, coronavirus, insurance, news by sally

‘If you find the word “virus” in the Definitions section of a typical business insurance policy, it will likely refer to malware, trojans or spyware infecting a company’s computer system and not to Covid-19 or anything like it which infects people.’

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Thomas More Chambers, 14th April 2020

Source: www.thomasmore.co.uk

Coronavirus: County lines drug dealers ‘stick out like a sore thumb’ during lockdown, say police – The Independent

Posted April 20th, 2020 in children, coronavirus, criminal justice, drug offences, drug trafficking, gangs, news by tracey

‘The coronavirus pandemic could provide an unexpected opportunity for police forces to tackle county lines drug dealing as the lockdown means criminals “stick out like a sore thumb”, senior officers have said.’

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The Independent, 20th April 2020

Source: www.independent.co.uk

Coping with Remote Hearings – Falcon Chambers

‘At the turn of the new year it would have been unthinkable to suggest that in just three months the majority of the courts in England and Wales would be closed, that is, at least in the physical sense. In the wake of Covid-19 the Courts have remained open for business however, most of that business is now being conducted in the virtual realm. From online mediations and applications to full-blown witness actions, this is a brave new world for most practitioners, particularly those in civil law, who are used to lugging paper-laden suitcases up and down the various Courts in the land.’

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Falcon Chambers, 6th April 2020

Source: www.falcon-chambers.com

The Coronavirus Act 2020 and Adult Social Care – 4-5 Gray’s Inn Square

‘This note is intended to assist local authorities when considering their Care Act 2014 duties following the Coronavirus Act 2020 (“The Act”) coming into force on 3 March 2020[1]. The Secretary of state issued Guidance on 01 April 2020. The Act contains provision for “easements” of Care Act 2014 duties during the emergency.’

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4-5 Gray's Inn Square, 7th April 2020

Source: www.4-5.co.uk

The Interplay of the Coronavirus Job Retention Scheme & Holiday by Adam Willoughby – Broadway House Chambers

‘With the prospect of several bank holidays on the horizon with little indication as to how long circumstances may require continued periods of furlough under the Coronavirus Job Retention Scheme (‘the Scheme’), many employers will be worried as to how they deal with the interaction between furlough and annual leave. Specifically, whether they can require annual leave to be taken during furlough and how they deal with bank holidays where they are included within employee’s annual leave entitlement under their contracts of employment.’

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Broadway House Chambers, 9th April 2020

Source: broadwayhouse.co.uk

Conducting winding up petitions on Skype – Hardwicke Chambers

Posted April 17th, 2020 in chambers articles, coronavirus, courts, live link evidence, news, winding up by sally

‘While in previous weeks the winding up petition list has been adjourned for a minimum of three months, this week’s list was successfully conducted by Skype. This article discusses how the hearings worked.’

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Hardwicke Chambers, 2nd April 2020

Source: hardwicke.co.uk

Civil Procedure, Human Rights and the Coronavirus (Part 1) – Blackstone Chambers

‘In light of the COVID-19 outbreak and the protective measures which the UK government has introduced, litigators across the country are asking one burning question: will hearings go ahead, and if so how?’

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Blackstone Chambers, 18th March 2020

Source: coronavirus.blackstonechambers.com

Limitation and Time Limits in Civil Litigation: Implications of Covid 19 – 23 Essex Street

‘Whilst legislation is being rushed through dealing with significant aspects of work undertaken by the legal profession, addressing major societal issues such as housing, crime and the need to conduct hearings remotely, there are many more areas directly impacted by the current circumstances that have not / cannot be legislated for. This article considers the effect of the pandemic on statutory limitation periods and applications for relief from sanctions.’

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23 Essex Street, 9th April 2020

Source: www.23es.com

Coronavirus Restrictions: local authority enforcement powers – narrower than you might think – Francis Taylor Building

‘Those venturing to their local park over the weekend probably witnessed an increased presence of police constables, out to enforce the new restrictions on movement and public gatherings. Those restrictions, as well as rules forcing the closure of certain businesses and premises, were introduced on 26 March 2020 by the Health Protection (Coronavirus, Restrictions) (England) Regulations 2020.’

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Francis Taylor Building, 9th April 2020

Source: www.ftbchambers.co.uk

The Curse of Covid-19: A Fresh Look at Force Majeure and Frustration – Forum Chambers

Posted April 17th, 2020 in chambers articles, contracts, coronavirus, news by sally

‘In the face of the COVID-19 pandemic, governments around the world have been forced to impose draconian restrictions on the public’s freedom of movement and assembly, and the ability to work and trade. Although there is a growing international consensus that these measures are absolutely necessary to slow the rate of infection and save lives, it is undeniable that they, together with the pandemic itself, will have a profound impact on businesses and individual livelihoods.’

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Forum Chambers, 7th April 2020

Source: www.forumchambers.com

Workchain: unauthorised data access is a serious offence for companies and their officers – Henderson Chambers

‘As the Coronavirus causes unprecedented and rapid change in our daily lives and many of us get used to the challenges of remote working, it is a good time to remind clients of the recent CoA decision in R. (on the application of Pensions Regulator) v Workchain Ltd [2019] EWCA Crim 1422 which demonstrates the wide application of the Computer Misuse Act 1990 (“CMA”). The case serves as a stark warning for companies and their officers who are not taking data security seriously. Tim Green was instructed by The Pensions Regulator (“TPR”).’

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Henderson Chambers, 3rd April 2020

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Three Month Moratorium on Consumer Credit Debts – Henderson Chambers

‘The Covid-19 crisis has led the Financial Conduct Authority to issue authoritative guidance to consumer credit lenders which will oblige them to grant a three month moratorium on debts and to reduce interest costs.’

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Henderson Chambers, 9th April 2020

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Full-time carer crowd funds investigation into legal challenge over failure to increase Carer’s Allowance during coronavirus pandemic – Local Government Lawyer

Posted April 17th, 2020 in benefits, carers, coronavirus, disabled persons, families, news by sally

‘A mother who cares full-time for her severely disabled daughter is crowdfunding an investigation into the potential for a legal challenge over the government’s decision not to increase the Carer’s Allowance in line with other benefits in response to the COVID-19 outbreak.’

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Local Government Lawyer, 14th April 2020

Source: www.localgovernmentlawyer.co.uk