‘If tenants are precluded by law from making use of the premises demised them, do they still have to go on paying their rent in full?’
Falcon Chambers, April 2020
Source: www.falcon-chambers.com
‘The aviation sector is in unchartered territory. Passenger air travel across the globe has virtually come to a halt, with no immediate end in sight. The plethora of issues facing airlines include rights and obligations arising out of aircraft leasing, accepting state aid to stay afloat and the prospect of passenger claims arising out of the cancellation of flights. In this article, we consider the legal implications of cancelling flights pursuant to Regulation (EC) No. 261/2004 [“the Regulation”].’
The 36 Group, 7th April 2020
Source: 36group.co.uk
‘The Coronavirus Act 2020 has put a hold on any existing residential possession proceedings for a period of 90 days and extended the notice period required as a precursor for any new residential possession to three months (section 81 of the Act and Practice Direction 51Z) and removed the right of re-entry or forfeiture for business tenancies for non-payment of rent until (at present) the 30th June 2020 (section 82).’
Becket Chambers, 3rd April 2020
Source: becket-chambers.co.uk
‘Coronavirus, or COVID-19, is impacting all parts of our lives. Currently, the focus in the construction industry is rightly on the safety of workers still attending sites. No doubt, the future will see litigation on whether the coronavirus gives rise to extensions of time, force majeure, frustration or other legal rights or remedies.’
Practical Law Construction Blog, 15th April 2020
‘The Secretary of State for Housing, Communities and Local Government has introduced a new permitted development right for local authorities and certain health service bodies in England to carry out development with a view to tackling the coronavirus emergency.’
Local Government Lawyer, 14th April 2020
Source: www.localgovernmentlawyer.co.uk
‘As the United Kingdom is in the midst of an extended period of lockdown pursuant to the Health Protection (Coronavirus Restrictions) (England) Regulations 2020 (“the Coronavirus Regulations”), contracting parties are turning to the often overlooked force majeure clauses in their agreements.’
11 KBW, 9th April 2020
Source: www.11kbw.com
‘This was a review hearing for a quia timet injunction against ‘car cruising’ in areas of the Claimant local authorities before His Honour Judge Worster sitting as a High Court Judge in the QBD, Birmingham District Registry. ‘Car cruising’, or ‘street cruising’ as it is sometimes defined, is a congregation of two or more motor vehicles driving dangerously or in an anti-social way so as to cause nuisance, damage or danger to the public; usually gatherings to race or perform stunts in cars, motorbikes or quad bikes, which have been a particular problem in particular parts of Birmingham.’
Hardwicke Chambers, 3rd April 2020
Source: hardwicke.co.uk
‘The first judgment has now been reported on the effect of COVID-19 on a forthcoming trial. In Re One Blackfriars Ltd, Hyde v. Nygate [2020] EWHC 845(Ch), John Kimbell QC, sitting as a Deputy High Court judge, refused to adjourn a trial due to start in June but ruled that it should proceed remotely by video-link.’
4 New Square, 14th April 2020
Source: www.4newsquare.com
‘At the weekend the government updated the terms of its job retention scheme, and provided clarity about what furloughed employees may do for the business. Helen Gardiner looks at the options.’
Coronavirus: Guidance for Lawyers and Businesses, 15th April 2020
‘The Working Time Regulations (“WTR”) are being amended to allow workers with outstanding holiday leave entitlement in the current holiday year to be able to carry that over for two years.’
Thomas More Chambers, 16th April 2020
Source: www.thomasmore.co.uk
‘A claim of a public right of way under section 31(1) of the Highways Act 1980 requires use by the public as of right and without interruption for 20 years. Similarly, a claimed private right of way by prescription under the Prescription Act 1832 requires 20 years’ uninterrupted use. To make good a prescriptive claim, whether under the 1832 Act, by the doctrine of lost modern grant or at common law, the use must be of such a character, degree and frequency as to indicate an assertion of a continuous right. The issue we discuss is whether an interruption to use as a result of Covid-19 would count for either of these two purposes.’
Landmark Chambers, 3rd April 2020
Source: www.landmarkchambers.co.uk
‘There will have been many cottages lying empty over the Easter period. Many of them will have been booked and the person who booked will have paid a deposit. What is the position? Are they liable to pay the balance? Can they recover the deposit? A cursory search of such guidance as there is online suggests that the doctrine of frustration may have been overlooked.’
Tanfield Chambers, 14th April 2020
Source: www.tanfieldchambers.co.uk
‘With the UK’s coronavirus lockdown extended for three more weeks, some people are looking towards a planned NHS phone app as “holding the key” to easing restrictions. But how realistic is this expectation and could there be unexpected consequences? EachOther examines.’
Each Other, 16th April 2020
Source: eachother.org.uk
‘We are plotting a course through unchartered waters. Never before has the family justice system had to deal with such a wide-reaching challenge as the COVID-19 epidemic. The issue of contact with children in care presents one of the most turbulent seas to cross. This article explores the legal principles that will give family practitioners their bearings and guide the court’s approach through the coming weeks and months.’
5SAH, 6th April 2020
Source: www.5sah.co.uk
‘In a paper published today Lord Sandhurst QC and Benet Brandret QC follow up on the previous paper co-authored by Lord Sandhurst QC by making concrete proposals for addressing the issues identified previously (see the previous paper here and our post on it here). It sets out a more concluded position on the doubts as to the vires for SI 2020/350 by explaining why the Statutory Instrument is, indeed, ultra vires, and the need for new legislation. It also sets out routes to put legislation and Guidance on a sound footing.’
UK Human Rights Blog, 16th April 2020
Source: ukhumanrightsblog.com
‘During the COVID-19 pandemic, much concern has focussed on the impact on public health and the economy. Most people would understandably place data protection lower down on their priorities. It has become clear, however, that the pandemic has prompted a variety of legal concerns in this area.’
Thomas More Chambers, 14th April 2020
Source: www.thomasmore.co.uk
‘Since the outbreak of the coronavirus pandemic and the coming into force of the Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 (the Regulations) much ink has been spilled about the frustration of leases. While the rapidly expanding body of literature makes interesting reading, it is largely irrelevant for real-world landlords and tenants. No one really wants to argue frustration. Tenants may not want to pay rent, but (unless quitting their business altogether, in which case they may not be overly concerned about past rent) they certainly don’t want to be out on their ear: a necessary corollary of a successful frustration plea.’
Falcon Chambers, 15th April 2020
Source: www.falcon-chambers.com
‘The Information Commissioner’s Office has issued a statement setting out its regulatory approach during the coronavirus pandemic, saying it will focus on those areas likely to cause the greatest public harm.’
Local Government Lawyer, 16th April 2020
Source: www.localgovernmentlawyer.co.uk
‘A man has been jailed for coughing in the face of a police officer and claiming he had coronavirus.’
BBC News, 16th April 2020
Source: www.bbc.co.uk
‘At the best of times there are disputes between commercial landlords and retailers in England and Wales. Over the last month the effect of the Covid 19 public health crisis has laid waste to the high street. Most shops cannot now open, and the ones that can must implement stringent social distancing measures. All pubs, restaurants, cinemas and so on are closed. Where there is no footfall there is no spending by customers and no income generated to pay rent. No one at the time of writing knows exactly when this position will change. The present scenario presents an unattractive vista for commercial landlords. Nothing operates in a vacuum; the rent these landlords were expecting will be income for investors who may own a small retail building and have no other source of income. Large pension funds, who often invest in the high street, will continue to have the normal financial obligations to the members of their fund. Some landlords will be reliant on their commercial rental income to service a loan secured on the building they rent out.’
33 Bedford Row, 9th April 2020
Source: www.33bedfordrow.co.uk
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