Enforcing dispute resolution clauses
Civil procedure.
Assessing the Home Office’s pandemic response
Immigration.
Non-binary/gender fluid claimants
Employment tribunal extends scope of Equality Act provisions.
The ins and outs of local authority lockdowns
England has been here before, of course – but worse.
Restrictions on Norwich Pharmacal orders
Private prosecutions.
Fiduciary obligations of experts
Arbitration.
Law Commission’s consultation on marriage reforms
Much needed change is now on the horizon and it can’t come soon enough.
Criminal law roundup
Disclosure, dishonesty, remands into custody and low-value shop theft.
Personal data transfer and human rights
Data protection.
Local lockdowns
Local authority powers to impose restrictions.
Limitation, consent and vicarious liability
Personal injury.
Government announces independent review of judicial review
On 31 July 2020 the Government launched an independent review to examine whether there is a need to reform the judicial review process in the UK.
Model Code of Conduct consultation
Local government.
Relationships with counsel and chambers
Judicial bias.
California Consumer Privacy Act
Data protection.
Royal Court confirms power to freeze assets outside Jersey
Latest chapter of the long-running Tantular litigation.
Penalised for parking on your own land
Funny thing, the law. You would not, for instance, think you could get a ticket for parking on your own land. But you can.
Service charges and careful drafting
Some cases are interesting because the facts are unusual; others are interesting because the facts are ubiquitous.
Overcoming barriers to secured transactions reform
The Secured Transactions Code.
Magic of the machine: can artificial intelligence invent?
The ways innovation is achieved will change, and patent and copyright law will require reform to address this.
Reasonable requirement for expert evidence
Civil procedure.
Implied duty of good faith in contractual disputes
TAQA v RockRose.
An analysis of the Sentencing Code
Code will provide single reference point for law on sentencing and will apply to all offenders convicted of an offence after 1 October 2020.
Coronavirus and police drone use
Data protection.
When being stuck indoors becomes a nuisance
Spending time at home can be far from peaceful, due to the activities of neighbours or those working close by.
Criminal law roundup
Dishonesty, intermediaries, statutory surcharge, and prison conditions.
What Morrisons means for employer liability
Employers must continue to assess their obligations under GDPR and apply appropriate technical and organisational security measures.
Interim injunctions against persons unknown
As George Harrison once sang: ‘All things must pass.’
Comply with ADR duty or risk costs sanction
The recent decision of DSN v Blackpool Football Club Limited [2020] EWHC 670 (QB) illustrates the need for litigating parties to consider and engage with alternative dispute resolution (ADR) procedures in trying to resolve their disputes.
Coronavirus Q&A: Changes to housing eviction notices
Coronavirus Act amends sections under the Housing Acts 1985, 1988 and 1996, as well as the Rent Act 1977.
Fixed penalty notice for breach of lockdown: notifying the SRA
Ordinarily the regulator is not overly interested in fixed penalty notices. But these are not ordinary times.
A ‘setback’ for unexplained wealth orders
On 8 April, two prominent Kazakhstan citizens successfully persuaded the High Court to discharge three unexplained wealth orders (National Crime Agency v Baker and ors [2020] EWHC 822 (Admin)).
Rowing back on vicarious liability
Two judgments from the Supreme Court have set restrictions on the scope of vicarious liability. In Barclays Bank v Various Claimants [2020] UKSC 13 the test was whether the tortfeasor was in fact the ‘employee’ of the employer.
Local democracy survives Covid-19
A near 50-year-old way of administering local democracy was in danger of coming to a rather abrupt halt.
Morrisons’ data breach win
Ruling will be a relief to companies, but that relief may be misplaced.
Legal realities of an ‘extension’ to the football season
by Sport Resolutions’ panel member John Mehrzad QC and Joe Bryan, both from Littleton Chambers’ Sports Law Group.
Corporate failure to prevent abuses
Human rights.
Why did government not use the Civil Contingencies Act?
Everybody should accept that there is a public health emergency, but whether the Coronavirus Act is the best medicine is in doubt.
The relevance of pre-contract information
In PBS Energo v Bester Generacion [2020] EWHC 223 (TCC), the Technology and Construction Court concluded that asbestos contamination, encountered on a biomass energy plant construction project, had been foreseeable in light of the pre-contract information provided to the subcontractor.
Force majeure in 2020
Coronavirus, Brexit, and the climate emergency.
COVID-19: Managing health and risk whilst in police custody - an update
National Police Chiefs’ Council’s strategic overview and guidance for forces concerning custody function during pandemic is essential reading.
A new code of audit practice
Latest in local government.
Are meaning hearings the new norm?
Media law.
Judicial early neutral evaluation: part 2
Civil procedure.
Criminal law: a roundup
Police execution of duty
Environmental law: Mapping MEES
Section 1 of the Climate Change Act 2008 (CCA 2008), as amended by the Climate Change Act 2008 (2050 Target Amendment) Order 2019, requires that UK carbon levels are reduced by 100% (from 1990 levels), including greenhouse gas emissions from buildings. The Energy Efficiency (Private Rented Property) (England and Wales) ...
Financial Remedies Courts
The Good Practice Protocol sets out some important developments in respect of best practice.
Clinical negligence and PI costs
Civil procedure.
Brexit and GDPR
Freedom of information.