Judges cannot be expected to undertake their full list remotely: senior members of judiciary warn – Local Government Lawyer

Posted April 16th, 2020 in coronavirus, courts, judges, judiciary, live link evidence, news, trials by sally

‘All judges and leadership judges need to recognise that doing as much as possible remotely “does not mean, and cannot mean, trying to do everything remotely”, there senior members of the judiciary have warned.’

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Local Government Lawyer, 15th April 2020

Source: www.localgovernmentlawyer.co.uk

Managing Enfranchisement Claims during the Coronavirus Pandemic – Falcon Chambers

‘Leasehold enfranchisement and right to manage practitioners are used to dealing with unexpected developments, tight deadlines and strict rules. They ought therefore to be well placed to manage the difficulties presented by the Coronavirus crisis. Nonetheless, the present circumstances are undoubtedly challenging for those acting for landlords or tenants in enfranchisement, lease extension and right to manage matters.’

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Falcon Chambers, April 2020

Source: www.falcon-chambers.com

A guide to the future ahead for TUPE and insolvency – Littleton Chambers

‘On Easter Monday, 13 April 2020, the High Court (Snowden J presiding) handed down its judgment in the matter of Carluccio’s Limited (in administration) [2020] EWHC 886 (Ch). To add to the Easter joy, the furlough guidance was amended on 9 April 2020 and the judgment had to embrace the amended guidance. One of the clarifying amendments on 9 April was the confirmation that employees who transfer under TUPE after 28 February 2020 may be placed, or continue, on furlough. This has practical implications in the light of this judgment.’

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Littleton Chambers, 14th April 2020

Source: www.littletonchambers.com

Tom Hickman: Eight ways to reinforce and revise the lockdown law – UK Constitutional Law Association

‘The Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 and the counterpart regulations in Wales, Northern Ireland and Scotland, impose the most drastic restrictions on liberty ever seen in the United Kingdom. On 16 April 2020 they reach their first review point and it is a clear that they will be continued, probably initially for a further period of three weeks and thereafter quite likely for a much longer period either in their current form or in modified form.’

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UK Constitutional Law Association, 16th April 2020

Source: ukconstitutionallaw.org

Covid-19: Offering blood, toil, tears and sweat: Emergency Volunteers and the Law – Cloisters

‘Over 750,000 volunteers have signed up to the government’s scheme to assist the NHS and social services during the coronavirus outbreak. For those coming from another job, what employment protection do these volunteers have? The Minister introduced this aspect of the emergency legislation, the Coronavirus Act 2020, by saying “The Bill protects the income and the employment status of those who volunteer in the health and social care system. Volunteers will play a critical role in relieving the pressure on frontline clinicians and social care staff”. Sections 8, Schedule 7 and section 9 provide for ‘emergency volunteer leave’ (EVL). In this blog, the seventh in a Covid-19 series, Declan O’Dempsey and Tom Gillie answer the following pressing questions: What is EVL? Who may take it, and what should employers do if staff request to do so? The provisions of the Act are not in force at the time of writing. The situation is however a very fast moving one.’

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Cloisters, 3rd April 2020

Source: www.cloisters.com

Covid-19: Furlough and job retention: Key issues for Employment Lawyers – Cloisters

Posted April 16th, 2020 in chambers articles, coronavirus, employment, news by sally

‘Employers are making difficult choices at this time in situations which have never affected their workplaces before. As fresh guidance is issued and new headlines emerge, the next legal queries evolve. This blog by Daniel Dyal examines the interplay between the workplace and the coronavirus. It has been updated in light of the further guidance issued on 9 April 2020.’

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Cloisters, 11th April 2020

Source: www.cloisters.com

Tougher penalties proposed for attacks on UK emergency workers- The Guardian

Posted April 16th, 2020 in assault, consultations, coronavirus, emergency services, murder, news, sentencing by sally

‘Judges will be able to impose tougher punishments on anyone convicted of assaulting emergency workers or threatening to transmit diseases under sentencing guidelines proposals published on Thursday.’

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The Guardian, 16th April 2020

Source: www.theguardian.com

Remote Hearings: A Practical Guide to Case Management – 3PB

‘It is a brave new world. The lockdown brought about by the coronavirus crisis is forcing the hand of our infamously old-fashioned profession to adapt quickly or lose myriad court dates; leaving our clients without satisfactory and timely resolutions to their disputes.’

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3PB, 14th April 2020

Source: www.3pb.co.uk

Fiona Dwyer, CEO of Solace and Hilary Lennox, Barrister of 5 St. Andrews Hill Chambers discuss Domestic Violence during the current COVID 19 Pandemic – 5SAH

Posted April 16th, 2020 in chambers articles, coronavirus, domestic violence, news by sally

‘We are in unprecedented times with COVID-19 and its impact on provision of specialist domestic abuse services. Organisations’ like Solace have had to completely change how they operate, moving services online or provided via telephone as well as ensuring that refuge and other supported accommodation services can stay open to support the most vulnerable victim/survivors and their children. Under normal circumstances, spending time indoors is often unsafe for those experiencing domestic abuse, and other forms of VAWG (Violence Against Women and Girls). However, during lockdown the danger to women is exacerbated as they are unable to leave their homes. Survivors are likely to be subject to higher rates of violence and abuse and, as they are increasingly isolated by perpetrators, will find it increasingly difficult to obtain support from family, friends and access local services.’

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5 SAH, 7th April 2020

Source: www.5sah.co.uk

COVID-19 impact on the UK Economy & ADR – 33 Bedford Row

Posted April 16th, 2020 in chambers articles, coronavirus, dispute resolution, news by sally

‘In these unprecedented times, we are already seeing companies collapsing, Flybe ceased operating at the start of March stating that COVID-19 was the final nail in the coffin. Widespread media coverage in early April states that Debenham faces administration and clothing giant Arcadia is preparing to close a huge number of stores as the effect of the lockdown tears through the high street. The global pandemic could lead to a great depression and the adverse economic effects seem almost certain to outweigh the impact of the 2008/2009 world-wide recession. We will look at how COVID-19 may impact the UK economy in the coming months and how ADR may be used in order to address business disputes in an expeditious and cost-effective manner.’

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33 Bedford Row, 6th April 2020

Source: www.33bedfordrow.co.uk

COVID-19: a protocol to assist solicitors who are working remotely and advising suspects in relation to police interviews – Garden Court Chambers

Posted April 16th, 2020 in chambers articles, coronavirus, legal services, news, police, solicitors by sally

‘This document is intended to draw your attention to the serious risk to life that solicitors and suspects, in police stations, are facing during the COVID-19 crisis and to suggest ways to reduce them. It is not intended to be a definitive statement of what needs to be done. You may have other ideas which are equally or more valid. What is certain is that action needs to be taken if lives are to be saved. The protocol below is intended to assist solicitors to give appropriate legal advice to suspects, at the interview stage, when working remotely.’

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Garden Court Chambers, 1st April 2020

Source: www.gardencourtchambers.co.uk

Carluccio’s Limited (in administration): Administration and furlough arrangements with employees – Exchange Chambers

‘Snowden J gives urgently sought directions to administrators in respect of furlough arrangements with employees following a remote video hearing in the matter of Carluccio’s Limited (in administration) [2020] EWHC 886 (Ch).’

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Exchange Chambers, 15th April 2020

Source: www.exchangechambers.co.uk

The Coronavirus Job Retention Scheme: More Holiday Cancellations? – Littleton Chambers

Posted April 16th, 2020 in coronavirus, employment, holidays, news by sally

‘With the JRS there are precious few known knowns, plenty of known unknowns and one suspects a few unknown unknowns; that is to say, things we only realise we didn’t know when the detailed rules of the scheme are published.’

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Littleton Chambers, 2nd April 2020

Source: www.littletonchambers.com

Coronavirus Job Retention Scheme – how does it fit with the existing law on lay-offs and short-time working? – 3PB

Posted April 16th, 2020 in contract of employment, coronavirus, employment, news, remuneration by sally

‘The government has now provided details of the ‘Coronavirus Job Retention Scheme’ which was first announced on 20 March 2020.’

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3PB, 7th April 2020

Source: www.3pb.co.uk

The impact of Coronavirus, part 1: trial by jury during a pandemic – 6KBW College Hill

‘Covid 19: the current situation is so fast moving that anything written will almost inevitably be out of date by the time it is typed. However, following the effective “lock down” from 8.30pm on 23 March 2020 it may be that there are fewer further changes until restrictions can be eased, and it is useful to reflect on the effect so far.’

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6KBW College Hill, 30th March 2020

Source: blog.6kbw.com

Coronavirus: Shop workers should be trained to help abuse victims – BBC News

Posted April 16th, 2020 in coronavirus, domestic violence, families, homicide, news, statistics, victims by sally

‘Supermarket workers should be trained to identify and help domestic abuse victims during the pandemic through a code word system, MPs have been told.’

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BBC News, 15th April 2020

Source: www.bbc.co.uk

COVID-19 Dispute Resolution – Applying the Principle of Frustration to Cancellations Caused by the Virus – 4 New Square

Posted April 16th, 2020 in chambers articles, contracts, coronavirus, news by sally

‘What happens where a contracting party no longer wishes to perform their obligations because of COVID-19? This is likely to be a major source of disputes in the near future as contracts become uneconomic or difficult to perform because of the virus and the unprecedented disruption it is causing. What are the rights of the parties where an event has been cancelled because of COVID-19 but one of the parties has paid a deposit and the other has spent money preparing for it?’

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4 New Square, 2nd April 2020

Source: www.4newsquare.com

Domestic abuse killings ‘more than double’ amid Covid-19 lockdown – The Guardian

Posted April 16th, 2020 in charities, children, coronavirus, domestic violence, families, homicide, news, statistics by sally

‘At least 16 suspected domestic abuse killings in the UK have been identified by campaigners since the Covid-19 lockdown restrictions were imposed, far higher than the average rate for the time of year, it has emerged.’

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The Guardian, 15th April 2020

Source: www.theguardian.com

“Give Me Just A Little More Time” – Littleton Chambers

Posted April 16th, 2020 in chambers articles, contracts, coronavirus, news, sport by sally

‘Bianca Balmelli and Nicholas Siddall QC analyse the legal issues arising from the differing responses of sporting events to the Covid-19 pandemic.’

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Littleton Chambers, 7th April 2020

Source: www.littletonchambers.com

Sports Clubs in the Lurch? Considering the Eligibility of Players for Government’s Furlough Scheme – Littleton Chambers

Posted April 15th, 2020 in chambers articles, coronavirus, employment, news, remuneration by sally

‘The restrictive measures imposed in an attempt to curb the spread of Covid-19 are creating an unprecedented and often existential challenge for businesses across the globe, and sports clubs are no exception. Indeed, given the suspension of almost all sports, sports clubs are amongst the worst hit, as most sources of revenue dry up including (depending on where they fall within the pyramid) ticket sales, subs, and revenue gained from hiring out venues for concerts, conferences and other private events.’

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Littleton Chambers, 6th April 2020

Source: www.littletonchambers.com