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Blog 14th June 2020

Capacity: Where now for the ‘Golden Rule’?

You could not make it up! Lord Templeman, the creator of the Golden Rule in his decision in Kenward v Adams (1975) The Times 29 Nov, died in 2014. He executed his last will in August 2008. He left nothing to his son Michael Templeman or his daughter in law Lesley Templeman and they challenged […]

Blog 10th June 2020
James Byrne on The practical application of Practice Direction 51Z; Issues that may arise

The practical application of Practice Direction 51Z; Issues that may arise

Following the analysis by my colleague, Alice Scott, of Practice Direction 51Z a recent case from the Court of Appeal has tested the legality of PD 51Z, Arkin v Marshall (2020) EWCA Civ 620. This was a possession case to recover properties which were security for mortgage loans for which the Claimant contended sums were […]

Blog 26th May 2020
Christopher Wilkins

Commercial Leases & Insolvency – An Overview

With many businesses large and small struggling to survive or collapsing into administration or liquidation landlords are particularly vulnerable to rent arrears and the difficulty of finding a suitable tenant to replace the existing. The following is an overview of what steps a landlord can take in this uncertain world. Remedies Available to a Landlord […]

Blog 21st May 2020
Sarah Jones QC Skyping the Court of Appeal

Skyping the Court of Appeal

Six Things I Learned dealing with an appeal against sentence during the pandemic: Court of Appeal Judges look infinitely less severe/frightening/impressive in “normal business attire” than when in full horse-hair and robed regalia. This sensation is further heightened when the designated High Court Judge giving the judgement of the court is the one in the […]

Blog 20th May 2020
Technology – A lawyer’s Best Fremeny?

Technology – A lawyer’s Best Frenemy?

Following the covid-19 outbreak, courts have been forced into an alternative way of working. With the country in lockdown and people ordered by the government to work at home, the courts along with businesses have been transferred into the digital realm. While jury trials have had to be postponed, with only existing cases at the […]

Blog 18th May 2020
Domestic abuse during Covid-19 times

Domestic abuse during Covid-19 times

Domestic abuse was a problem already in urgent need of addressing pre-pandemic. The global crisis we are now experiencing has only worsened that issue. Widely-reported statistics include: Refuge’s National Domestic Abuse Helpline has seen a consistent increase in demand of 50% since lockdown measures announced (4th May press release) Traffic to many prominent domestic abuse […]

Blog 14th May 2020
Naima Asif

COVID-19, care homes and contact: BP v Surrey County Council & RP

On 2 April 2020 Hayden J handed down a judgment dated 25 March 2020 in the case of BP v Surrey County council & RP [2020] EWCOP 17 concerning the suspension of contact in a care home during the COVID-19 pandemic. This was followed by a further written judgment dated 17 April 2020 which serves to […]

Blog 11th May 2020
Helen Brander

Financial provision for adult children in England and Wales and in Italy

FINANCIAL PROVISION FOR ADULT CHILDREN IN ENGLAND AND WALES AND IN ITALY: HOW DO THEY COMPARE IN THE LIGHT OF THE DECISION IN DN v UD (SCH 1 CHILDREN ACT: CAPITAL PROVISION) [2020] EWHC 627 (Fam)? This article considers a recently-handed down case making financial provision for children where one was over the age of […]

Blog 7th May 2020
Eleanor Fargin on Judge alone trials

Judge alone trials in the face of COVID-19

If we had to adapt for Covid-19, could it work having Judge alone Crown Court trials, or jury trials with less than 12 peers? Let me start by saying I am not advocating for a system in England and Wales where there is no jury or a jury of less than 12 peers. I personally […]

Blog 1st May 2020
Jack Rundall

W v H (divorce financial remedies) [2020] EWFC B10

Jack Rundall considers the case of W v H (divorce financial remedies) [2020] EWFC B10 in relation to the treatment of pensions on divorce, a case which he suggests is being under-reported amongst the concerns surrounding Covid 19.     Amongst the flurry of guidance, and guidance on guidance, bouncing about between the courts and […]

Blog 30th April 2020
Alejandra Llorente Tascon

Dishonesty: Barton & Booth v The Queen

CASE SUMMARY: Barton & Booth-v-The Queen [2020] EWCA Crim 575. The Court of Appeal considers whether the new definition of ‘dishonesty’ given by the Supreme Court in  the case of Ivey v Genting Casinos (UK) (trading as Cockfords Club) [2017] UKSC 67 applies in criminal cases.  This was an appeal against conviction brought on various grounds, primarily […]

Blog 29th April 2020

The Coronavirus Job Retention Scheme – further guidance

As expected, the government has issued further guidance in relation to the Coronavirus Job Retention Scheme (“the Scheme”). This article will summarise the key updates since the guidance issued on 4 April 2020. The government has produced a number of documents to assist both employers and employees: Guidance for employers – https://www.gov.uk/guidance/claim-for-wage-costs-through-the-coronavirus-job-retention-scheme Step-by-step guide on […]

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