Blog
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
Remote hearings and witness evidence
Remote hearings come with particular difficulties. One obvious difficulty is that the parties cannot see each other as well as they might in the courtroom. But how much of a problem is this? If the demeanour of witnesses (or indeed parties) is relevant to an issue to be decided by the Court, then restrictions on […]