PROVING THINGS 207: CORPORATE INSOLVENCY AND CORONAVIRUS: A COMPANY STILL HAS TO PROVE SOLVENCY PROBLEMS WERE DUE TO COVID
In PGH Investments Ltd v Ewing [2021] EWHC 533 (Ch) Deputy ICC Judge Passfield considered questions of evidence in relation to the provisions that prevent winding up of a company when it can establish that its financial state is due…
DAMAGES AND LOSS OF EARNINGS DUE TO COVID: A MINOR REDUCTION IN INCOME FOUND
One of the things considered in the judgment in Kim v Lee [2021] EWHC 231 (QB) was whether the claimant would have suffered a reduction in income due to Covid in any event. This is likely to be a live…
AMENDMENTS TO PD 55 C: STAY EXTENDED TO 30th JULY 2021
The online version of PD 55C shows an extension of the time period for suspension of possession proceedings to 30th July 2021. THE AMENDED PRACTICE DIRECTION Is available here. THE RULE 1.1 of the PD now reads ” This…
INJUNCTION AND POSSESSION AGAINST TRESPASER SUSPENDED BECAUSE OF COVID
In Merritt v Thurrock Council & Anor [2021] EW Misc 2 (CC) HHJ Karen Walden-Smith found that the defendant had no defence to a claim for trespass. However enforcement of the order was delayed because of the coronavirus situation. …
IMPORTANT COVID UPDATES FROM HMCTS: USEFUL LINKS FOR THE PRACTITIONER
The latest HMCTS weekly operational summary on courts and tribunals during coronavirus (COVID-19) outbreak contains some important links for those using the courts. LINKS HMCTS held a webinar for legal professionals to provide information on the arrangements in place at courts…
CLAIMANT NOT SUCCESSFUL IN APPLICATION THAT A WITNESS ATTEND IN PERSON AND NOT REMOTELY
In Langley v GMB & Ors [2020] EWHC 3619 (QB) Mrs Justice Stacy refused a claimant’s application for an order that a defendant’s witness attend court personally. The matter could proceed fairly with the witness attending remotely. This judgment (given…
COVID DOESN’T STOP THE COURTS GOING ON: BUT GREAT CARE IS NEEDED
In Bilta (UK) Ltd & Ors v SVS Securities Plc & Ors [2021] EWHC 36 (Ch) Mr Justice Marcus Smith examined in detail the principles relating to court hearings during COVID. There is an examination of the steps that need…
LAWYERS (WELL LITIGATORS ANYWAY) ARE CRITICAL WORKERS: TRAVEL, OVERNIGHT ACCOMMODATION AND SCHOOL PLACES
The HMCTS operational summary for this week states that “all those who work in courts and tribunal” are critical workers “Updated: All those essential to keeping the justice system running are considered critical workers. This applies to all those who work…
PD51ZA WAS NOT EXTENDED: NEW PROVISIONS PLANNED TO ALLOW RULES TO BE CHANGED DURING PUBLIC EMERGENCY
There have been several enquiries recently as to whether PD51ZA, which allowed the parties to agree lengthier extensions of time, was extended. The simple answer is that it was not. The rule expired on 30th October 2020. MINUTES OF…
CORONAVIRUS LAW: ROUND UP – NOVEMBER 2020
A look at blogs and articles about coronavirus, law and lawyers from November 2020. CORONAVIRUS LAW Gov.uk – Coronavirus Act report: November 2020 COURTS Herbert Smith Freehills – LORD CHIEF JUSTICE’S REPORT 2020: COURTS IN STRONG POSITION DESPITE PANDEMIC RPC – To MAE…
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…
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…
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. …