CORONAVIRUS: LAW AND LAWYERS – RECENT POSTS AND ARTICLES
Links to articles and posts on coronavirus and the law. CORONAVIRUS LAW Kings Chambers – KINGS CHAMBERS & SIMPSON MILLAR INSTRUCTED TO CHALLENGE THE GOVERNMENT’S 10PM HOSPITALITY CURFEW PLANNING Lewis Silkin – Overview of planning changes 2020 (England only) LOCAL AUTHORITIES The…
WEARING FACEMASKS IN THE COURTROOM: A MATTER OF CHOICE FOR BOTH THE JUDGE AND OTHER PARTICIPANTS (UNLESS ACTUALLY SPEAKING)
The Senior and Deputy Senior Presiding Judges at the Royal Courts of Justice issued guidance on the 17th November 2020 which replaced earlier guidance on this topic. The guidance deals with wearing facemasks in the court room. THE GUIDANCE “Wearing…
REMOTE HEARINGS: TRIAL CAN GO AHEAD WITH PARTICIPANTS FROM ABROAD ALLOWED TO WATCH (SUBJECT TO SAFEGUARDS)
In the judgment this morning in Huber & Anor v X-Yachts (GB) Ltd & Anor [2020] EWHC 3082 (TCC) Mr Justice Kerr rejected an argument that participants in a civil trial could not continue to watch the trial if they…
CORONAVIRUS LAW: FURTHER STATUTORY STAY ON EVICTIONS AND TAKING CONTROL OF GOODS
The Public Health (Coronavirus) (Protection from Eviction and Taking Control of Goods) (England) Regulations 2020 come into force tomorrow. They prevent residential evictions (for the most part) until the 11th January 2021. THE REGULATIONS Citation, Commencement and Application 1.—(1) These Regulations…
A REMOTE HEARING IS NOT INNATELY UNFAIR: NOR DOES IT CREATE AN INEQUALITY OF ARMS
In Attorney General of the Turks and Caicos Islands v Misick & Ors [2020] UKPC 30 the Privy Council rejected an argument that continuing a criminal trial by remote means would be innately unfair. ” It cannot be said that…
YOU CAN TEACH AN OLD JUDGE NEW TRICKS: TECHNOLOGY “EMBRACE IT: IT WILL MAKE YOUR JOB EASIER”
In S (Fact-Finding) [2020] EWFC 71 HHJ Jack sitting as a High Court Judge heard a case remotely. I will leave the analysis of his robust findings in the case – where the children were returned to their parents – …
WORKING FROM HOME IN A LONELY WINTER (5):LITIGATION DEADLINES – AVOIDING THE PAIN BY SHARING THE PAIN
The fact that we are in lockdown does not make litigation deadlines go away. Litigation may be more problematic, however there is now nothing in the rules that recognises the difficulties that litigators face. One way of dealing with this…
WORKING FROM HOME IN A LONELY WINTER (4): PRODUCTIVITY
How hard is it to say “productive” whilst working from home? This issue has been addressed in a number of publications. Here are a selection from across the world. Stanford – The productivity pitfalls of working from home in the age…
WORKING FROM HOME IN A LONELY WINTER (3): STARTING A NEW JOB IN LOCKDOWN (WITH SOME HINTS FOR THE REST OF US AS WELL)
Some people are starting new jobs during lockdown. Many trainees and pupils are also embarking upon their careers. This post was actually suggested by someone doing just that – starting their (deferred) training contract early next year. There are now…
WORKING FROM HOME IN A LONELY WINTER (2): DEALING WITH LONELINESS – ADVICE FOR LAWYERS (AND OTHERS)
Working from home can be a lonely experience. This can be tough, particularly in the winter months. In the second in this series we look at some of the helpful guidance that is available for dealing with issues relating to…
WORKING FROM HOME IN A LONELY WINTER (1): DECOMPRESSION – WINDING DOWN AFTER WORK FINISHES
There are many posts on this blog about issues relating to working from home. In the early stage of the “first” lockdown many practitioners kindly contributed to a series of posts about the practicalities of home working, a new experience…
CORONAVIRUS AND CIVIL PROCEDURE: THE PRACTICE DIRECTION ENDS TOMORROW: REVIEW OF THE CASES
Practice Direction 51ZA which allows parties to extend time limits for up to 56 days comes to an end on the 30th October 2020. Unless there is a further rule change then parties can only agree extensions of 28 days. …
WHEN A LITIGANT DOES NOT HAVE A COMPUTER AT COURT: WHAT IS THE PRACTICAL RESPONSE?
In BM Electrical Solutions Ltd & Anor v Belcher [2020] EWHC 2749 (Ch) a very practical problem occurred. The court held a “hybrid” hearing, a litigant appeared in person. The litigant in person did not have a laptop with them….
SUMMARY JUDGMENT AND STRIKING OUT: COVID MATTERS ARE A GOOD REASON TO DETERMINE ISSUES NOT DELAY THEM
In TKC London Ltd v Allianz Insurance PLC [2020] EWHC 2710 (Comm) Mr Richard Salter QC (sitting as a High Court Judge) considered the issue of whether issues relating to the COVID pandemic should be a factor in considering a…
10 TIPS FOR LAWYERS WORKING FROM HOME: IN THIS EXPERIENCE YOU ARE NEVER ALONE
A lot of people had to get used to working from home very quickly. During the “early days” a lot of help was gathered from Twitter. Here are 10 points selected from a series of posts on this blog :…
CIVIL PROCEDURE: BLOG AND ARTICLES ROUND UP – SEPTEMBER 2020
This round up also covers specific posts and articles in relation to coronavirus. There will no longer be a specific round up covering coronavirus and and civil procedure. There is, however, a monthly round up of a wide range of…
ONLINE COURTS DURING THE PANDEMIC: RESEARCH AND QUESTIONS: LESSONS FROM TEXAS
The problems of keeping the courts going during a pandemic are universal and worldwide. Countries throughout the globe are getting to grips with the problems caused by remote hearings. Professor Elizabeth Thornburg from the Southern Methodist University has written a…
Resumption of Possession Cases on 20 September 2020: Statement from the Master of the Rolls
On the 17th September 2020 the Master of the Rolls issued a statement about the lifting of the stay on possession cases that took place on the 20th September. That statement is reproduced below, together with the links referred to….
SENSIBLE COVID PRECAUTIONS TAKEN WHEN IMPLEMENTING A SEARCH ORDER: APPLICANT TAKES A VERY NUANCED APPROACH
The judgment of Mr Justice Fordham in Calor Gas Ltd v Chorley Bottle Gas Ltd & Anor [2020] EWHC 2426 (QB) has some interesting observations about the way in which COVID affects both the way a hearing is held and…
PROTOCOL FOR INSOLVENCY AND COMPANY WORK AT CENTRAL LONDON COUNTY COURT: APPLICABLE FROM TODAY
A Protocol for insolvency and company work at Central London applies from today. It is set out in full below. It sets out details for remote hearings of bulk and other work made necessary by the pandemic. “PROTOCOL FOR INSOLVENCY…