Category Uncategorized

CORONAVIRUS AND CLINICAL NEGLIGENCE

Nigel Poole QC considers the question: how will the Coronavirus pandemic affect clinical negligence litigation in England and Wales? It may seem insensitive even to address this issue whilst the NHS and healthcare professionals are doing such amazing work, risking their own lives and health, on behalf of the nation. However, those same professionals may […]

REMOVING VAT FROM E-BOOKS: The Value Added Tax (Extension of Zero-Rating to Electronically Supplied Books etc.) (Coronavirus) Order 2020

This statutory instrument comes into force on the 1st May.  It removes VAT on certain Ebooks. Citation and commencement 1.  This Order may be cited as the Value Added Tax (Extension of Zero-Rating to Electronically Supplied Books etc.) (Coronavirus) Order 2020 and comes into force on 1st May 2020. Amendment of Group 3 of Schedule 8 to […]

COVID-19: GUIDANCE FROM THE CHIEF CORONER: SUMMARIES & LINKS

The Chief Coroner has now issued four Guidance Notes relating to Covid-19.  As part of our policy of making access to key documents matter here is a summary of each note and a link to each.   Guidance No.34: Chief Coroner’s Guidance for coroners on Covid-19 – This guidance is designed to help coroners continue to exercise […]

THE HEALTH PROTECTION (CORONAVIRUS REGULATIONS) AS AMENDED: THE AMENDMENTS HIGHLIGHTED

Health Protection (Coronavirus, Restrictions) (England) Regulations 2020  were amended, some of these amendments were quite significant. To show the amendments in a simpler manner we have shown the amendments in red.   The Health Protection (Coronavirus, Restrictions) (England) Regulations 2020   Citation, commencement, application and interpretation 1.— (1) These Regulations may be cited as the […]

HOW TO MAKE REMOTE DETAILED ASSESSMENTS WORK: TWO SUCCESSFUL HEARINGS EXPLAINED

Kevin Latham details his experience of two recent successful detailed assessments and provides hints as to ensure that these run smoothly.     Yesterday I attended my second costs hearing via remote video means and thought it would be helpful to share one or two things: in part to assist others undertaking such hearings, and […]

THE CARE ACT, ARTICLE 8 AND LOCAL AUTHORITY DUTIES: WHAT CAN A RECENT CASE TELL US ABOUT A LOCAL AUTHORITY’S DUTY?

The  recent judgment in R(Idolo) v London Borough of Bromley [2020] EWHC 860 (Admin) provides an important discussion of the positive duties of the state under Article 8 ECHR – and specifically, the issue of when an Article 8 breach may arise in the absence of any failure of a local authority to carry out […]

Claims against trespassers – make sure you DON’T know your defendant

On 20 April 2020, the updated version of CPR Practice Direction 51Z (Stay of Possession Proceedings, Coronavirus) came into force (link: https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part51/practice-direction-51z-stay-of-possession-proceedings,-coronavirus). This imposes a blanket 90-day stay on all Part 55 possession claims, but sets out some very limited exceptions.  Jonathan Wright considers the practical implications. POSSESSION CLAIMS AGAINST TRESPASSERS It is still possible […]

MEDICAL EXPERTS: Expert Neuropsychology assessments for the Courts during COVID-19

The issue of medical experts examining claimants and reporting to the courts during the Covid-19 crisis is a difficult one. Here Consultant Neuropsychologist Daniel Friedland provides some guidance. The landscape has changed for all of us We are all facing unprecedented times in both our professional and personal lives due to COVID-19. COVID-19 has already […]

FOUR TIPS FOR A SUCCESSFUL REMOTE APPLICATION

Mark Harper QC offers four tips on how to conduct a successful remote application.     Today Andrew Grantham QC and I conducted a remote 3 hour summary judgment application in the Manchester B&P Court before HHJ Pearce. Bar a few initial teething problems the hearing was conducted efficiently and properly. Bodes well for the […]

CAN AN EMPLOYEE TAKE ANNUAL LEAVE DURING FURLOUGH: THERE MAY BE A DEFINITE ANSWER: BUT KEEP WATCHING

Anisa Niaz-Dickinson  offers advice on the issue of whether employees can take annual leave during furlough. THE QUESTION One question that has been frequently raised with the Kings’ team in relation to the Coronavirus Job Retention Scheme (“CJRS”) is whether or not an employee on furlough can take annual leave during the furough period. This […]