‘When major financial institutions go to the wall the ensuing legal squabbles over the carcases often provide rich seams that can be mined to provide judicial clarification of the law for the benefit of all. The spectacular collapse of the Lehman Brothers empire is no exception and the latest chapter does not disappoint. In Lehman Brothers Australia Ltd (In Liquidation) v Macnamara & Ors (Joint Administrators of Lehman Brothers International (Europe) (In Administration)) [2020] EWCA Civ 321, the Court of Appeal (Patten, David Richards, Newey LJJ) has provided some timely and useful clarification on the correct test for the court to apply when considering the exercise of its inherent jurisdiction to control its officers within the principle of Re Cordon, Ex p. James (1873-74) LR 9 Ch App 609 or through the more specifically targeted statutory provisions for such control, as for example those in para 74 of Schedule B1 to the Insolvency Act 1986 (IA 1986) with regard to administrators. In the present climate induced by Coronavirus (COVID-19), any clarity that makes the necessity of going to court less likely is to be doubly welcomed.’
Hardwicke Chambers, 17th March 2020
Source: hardwicke.co.uk
‘The UK, and the World, are facing a health crisis that we have not seen the likes of in over 100 years. This is a worrying time for many people and there is a need for governments to respond, including ours here in the UK. At times like these, when so many of us can find ourselves in an unfamiliar (or familiar) position of vulnerability, it is vital that we can be assured safety includes the protection of our dignity and not losing the rules of fairness and respect in the way power is used to respond to this situation. Recognising the need to protect everyone’s human dignity was, after all, born out of World War 2, one of the worst crises in modern history.’
British Institute of Human Rights, 19th March 2020
Source: www.bihr.org.uk
‘The Bill was introduced to the House of Commons and given its First Reading on Thursday 19 March 2020. This stage is formal and takes place without any debate.’
Parliament.uk, 19th March 2020
Source: services.parliament.uk
‘Events have been moving so fast that detailed guidance on how to sustain the administration of justice in these two important jurisdictions would be overtaken by developments very quickly.’
Courts and Tribunals Judiciary, 19th March 2020
Source: www.judiciary.uk
‘Welcome to the March issue of Spire Barristers’ Public Law Newsletter covering news from around the web, practice updates and case reviews in Court of Protection and Public Law matters.’
Spire Barristers, 18th March 2020
Source: spirebarristers.co.uk
‘An entire trial is being conducted over Skype in a legal first that lawyers say could be a model way to ensure court business continues during the Covid-19 pandemic.’
Law Society's Gazette, 19th March 2020
Source: www.lawgazette.co.uk
‘In this latest environmental law news update Charles Morgan and Christopher Badger consider environmental promises in this week’s budget, effects on the environment from the coronavirus and a new report that says net zero by 2050 is possible.’
Six Pump Court, 12th March 2020
Source: www.6pumpcourt.co.uk
‘Claimant law firm Simpson Millar has sent a letter before action on behalf of the mother of a child with a number of complex health and learning disabilities calling on the UK government to confirm its strategy for “meeting the needs of younger disabled people (children and working age adults) in the context of the current pandemic”.’
Local Government Lawyer, 18th March 2020
Source: www.localgovernmentlawyer.co.uk
‘No one should lose their home because of coronavirus, the National Housing Federation has said.’
Local Government Lawyer, 18th March 2020
Source: www.localgovernmentlawyer.co.uk
‘A quarter of crown court trials will be disrupted due to restrictions unveiled overnight by the most senior judge in England and Wales to combat the spread of the coronavirus, the justice secretary has said.’
The Guardian, 18th March 2020
Source: www.theguardian.com
‘At the time of this article, according to officials, the criminal justice system continues to operate “as normal”. Whilst it is to be expected that non-essential trials will likely be delayed, certain components of the justice system cannot simply be deferred – crime happens no less in times of pandemic. Police custody is one such area where the wheels will need to continue to turn regardless of COVID-19.’
Law Society's Gazette, 18th March 2020
Source: www.lawgazette.co.uk
‘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?’
Blackstone Chambers, 18th March 2020
Source: www.blackstonechambers.com
‘A union representing legal workers has expressed outrage at the “classist allocation of risk” that is seeing law firm partners work from home while other staff are forced into the office during the coronavirus pandemic.’
Legal Futures, 18th March 2020
Source: www.legalfutures.co.uk
‘Housing associations are under pressure to offer rent holidays after only one pledged not to evict any tenant in arrears due to self-isolating because of the coronavirus.’
The Guardian, 17th March 2020
Source: www.theguardian.com
‘The government’s response to the coronavirus pandemic is being undermined by immigration policies which deter migrants from accessing healthcare, campaigners have warned.’
Each Other, 17th March 2020
Source: eachother.org.uk
‘This Guidance is issued in accordance with Rule 7 of the Employment Tribunals Rules of Procedure (“the Rules”). The Rules are set out in Schedule 1 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013.’
Tribunals Judiciary, 18th March 2020
Source: www.judiciary.uk
‘Quarantines and lockdowns are sweeping Europe: Italy, France, Spain. Through them, states seek to contain Covid-19 and so save lives. It is difficult to imagine higher stakes from a human rights perspective: mass interferences with whole populations’ liberties on one side; the very weighty public interest in protecting lives on the other; and all this under the shadow of uncertainty and disorder. What, if anything, do human rights have to say?’
UK Human Rights Blog, 17th March 2020
Source: ukhumanrightsblog.com
‘The impact of the public health emergency on the operation of the courts has been under constant review. In all jurisdictions steps are being taken to enable as many hearings as possible to be conducted with some or all of the participants attending by telephone, video-link or online. Many court hearings will be able to continue as normal with appropriate precautions being taken. We must make every effort to maintain a functioning court system in support of the administration of justice and rule of law.’
Courts and Tribunals Judiciary, 17th March 2020
Source: www.judiciary.uk
‘New laws will be introduced to protect public health, increase NHS capacity, strengthen social care and support the public to take the right action at the right time.’
GOV.UK, 17th March 2020
Source: www.gov.uk
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