Non-jury trials could help clear coronavirus backlog, says QC – The Guardian

Posted April 27th, 2020 in coronavirus, courts, criminal justice, delay, juries, news, trials by sally

‘Defendants should be allowed to opt for trial by judge rather than in front of a jury, a prominent human rights lawyer has proposed, as a means of partially restarting the criminal justice system.’

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The Guardian, 26th April 2020

Source: www.theguardian.com

Conveyancers calls on government to extend furlough scheme – Legal Futures

Posted April 24th, 2020 in conveyancing, coronavirus, delay, employment, housing, news, remuneration, stamp duty by sally

‘The furlough scheme should be extended for property businesses, like conveyancers, where income required to pay staff will not be available for months after work is undertaken once lockdown is lifted, the government has been told.’

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Legal Futures, 23rd April 2020

Source: www.legalfutures.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

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

Covid-19 – Delayed appeals: arbitrate or mediate? – 33 Bedford Row

‘Many small to medium sized businesses will, thankfully, rarely be involved in litigation. As a result, they will have little experience of what is to follow once they commence a dispute resolution process regardless of the nature of that process. In many cases, disputes will be addressed via litigation[1]. In many instances the perceived wrong done by the other side will drive the dispute forward. It is only perhaps when some of the initial expectation of a quick positive trial outcome fades, whilst the pre-trial process winds on, that parties will wonder ‘should this have gone on for so long’ and/or ‘was there a quicker way to do this?’ Nevertheless, once litigation is commenced it takes on an energy of its own and many parties are able to see the case through to an initial judgment. Matters may thereafter get more complex as (further) fatigue potentially sets in.’

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33 Bedford Row, 10th April 2020

Source: www.33bedfordrow.co.uk

The Release of Prisoners (Alteration of Relevant Proportion of Sentence) Order 2019 – An Update – St Ives Chambers

‘As of 1st of April 2020, the Government’s election pledge of delaying the release point of serious sexual and violent offenders came into force by way of the Release of Prisoners (Alteration of Relevant Proportion of Sentence) Order 2019.’

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St Ives Chambers, 10th April 2020

Source: www.stiveschambers.co.uk

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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Fine for barrister who took 15 months to pay fine – Legal Futures

‘An unregistered barrister and solicitor who took 15 months to pay a £500 fine levied by the Bar Standards Board (BSB) has been reprimanded – and ordered to pay another £500.’

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Legal Futures, 15th April 2020

Source: www.legalfutures.co.uk

Legal realities of an ‘extension’ to the football season – Law Society’s Gazette

Posted April 9th, 2020 in contract of employment, contracts, coronavirus, delay, news, sport by sally

‘The football world, like almost every other sector of the economy, is grappling with the unprecedented impact of the coronavirus pandemic. In English football, the official position remains as set out in the joint statement issued by the main professional stakeholders on 20 March 2020: football is currently suspended but ‘all options’ are being explored ‘to find ways of resuming the season when conditions allow’.’

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7th April 2020

Source: www.lawgazette.co.uk

Tribunal rejects SRA deal with flight delay solicitor – Legal Futures

‘The Solicitors Disciplinary Tribunal (SDT) has taken the unusual step of rejecting an agreement between the Solicitors Regulation Authority (SRA) and a solicitor who broke the rules through his involvement with flight delay compensation claims.’

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Legal Futures, 7th April 2020

Source: www.legalfutures.co.uk

Tribunal stays information rights cases for 28 days – Local Government Lawyer

‘The First-Tier Tribunal General Regulatory Chamber (Information Rights) has – with immediate effect – stayed for a period of 28 days all proceedings under section 48 of the Data Protection Act 1998, section 162 of the Data Protection Act 2018 and section 57 of the Freedom of Information Act 2000.’

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Local Government Lawyer, 3rd April 2020

Source: www.localgovernmentlawyer.co.uk

Blackpool rail delay compensation scammer jailed – BBC News

Posted April 6th, 2020 in compensation, delay, fraud, imprisonment, news, railways, sentencing by sally

‘A conman funded a “lavish lifestyle” that included trips to Las Vegas by scamming rail delay compensation schemes out of £40,000.’

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BBC News, 3rd April 2020

Source: www.bbc.co.uk

How will law exams be affected by coronavirus? – The Guardian

Posted April 3rd, 2020 in coronavirus, delay, examinations, internet, legal education, news by sally

‘Bar exams have been delayed until August, but trainees have called on regulators to move their assessments online.’

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The Guardian, 3rd April 2020

Source: www.theguardian.com

Imposing Quistclose trusts—knowledge, not notice, as the golden rule (Goyal v Florence Care Ltd) – New Square Chambers

Posted April 2nd, 2020 in chambers articles, delay, equity, fiduciary duty, joint ventures, news, solicitors by sally

‘Goyal emphasises the importance of knowledge over notice in generating a Quistclose Trust. Solicitors and commercial fund managers should be alert to the possible implications arising from the allocation and management of communications received, mindful that attributed knowledge may still suffice in the right circumstances. Goyal provides an important reminder of the gateway function of an order for an account through which substantive remedies can be accessed. A party’s entitlement to an account following breach of fiduciary duty should not be circumscribed by judicial assumptions that little may be gained from the exercise, nor by considerations of the delay between relevant events and trial. An account may prove to be fruitless but a claimant should be entitled to find this out for themselves.’

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New Square Chambers, 23rd March 2020

Source: www.newsquarechambers.co.uk

Setting Aside Default Judgment – How Prompt Do You Need to Be? – Becket Chambers

‘The rules regarding applications to set aside default judgment are contained within CPR 13.3 and the court may set aside judgment if:

(a) the defendant has a real prospect of successfully defending the claim; or
(b) it appears to the court that there is some other good reason why –
(i) the judgment should be set aside or varied; or
(ii) the defendant should be allowed to defend the claim.’

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Becket Chambers, 25th March 2020

Source: becket-chambers.co.uk

Ombudsman suspends complaints enquiries of councils and care providers – Local Government Lawyer

‘The Local Government and Social Care Ombudsman has suspended all casework activity that demands information from, or action by, local authorities and care providers, in light of the current coronavirus outbreak.’

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Local Government Lawyer, 26th March 2020

Source: www.localgovernmentlawyer.co.uk

Coroners’ Investigations, Inquests and COVID-19 – UK Human Rights Blog

Posted March 30th, 2020 in coronavirus, coroners, delay, health, health & safety, human rights, inquests, news by sally

‘The following post was written on the morning of 26 of March 2020. Today, 27th of March, the Chief Coroner brought out Guidance 35 on hearings during the pandemic (no. 35), with the proviso that all these issues will be kept under review.’

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UK Human Rights Blog, 26th March 2020

Source: ukhumanrightsblog.com

Is Covid-19 Changing How We Think About Criminal Justice Reform? – Each Other

‘Barrister Tim Kiely examines the unexpected changes taking place within the criminal justice system amid the Covid-19 outbreak.’

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Each Other, 26th March 2020

Source: eachother.org.uk

SRA relaxes assessment rules for students and trainees – Legal Futures

‘The Solicitors Regulation Authority (SRA) has today outlined a significant relaxation of its rules for law students and trainees to allow their assessment to go online.’

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Legal Futures, 25th March 2020

Source: www.legalfutures.co.uk

Number of outstanding crown court cases reaches two-year high – The Guardian

Posted March 27th, 2020 in coronavirus, criminal justice, Crown Court, delay, news, statistics by sally

‘The number of outstanding crown court cases in England and Wales has reached the highest level for two years, figures show, amid growing concerns about pressures on the criminal justice system caused by the Covid-19 crisis.’

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The Guardian, 26th March 2020

Source: www.theguardian.com