News & Events

Covid-19

Hearings by electronic communication – updated to reflect the changes made on 8 October 2020 to the 2013 ET Rules

What can be achieved via electronic means within the 2013 Employment Tribunal Rules? Andrew Allen QC has updated his earlier article to reflect the changes to the 2013 ET Rules made on 8 October 2020? Hearings by electronic means Following the changes to the 2013 ET Rules made on 8 October 2020, Andrew Allen QC has updated his article analysing the practical issues faced by Employment Judges in considering, within the parameters of the 2013 ET Rules, whether to list hearings that are to be conducted by electronic communication. You can view the article here. Find out more These extraordinary circumstances bring new perspectives on employment law and the existing rules. Please contact Nick Levett on 020 74274905 or Adam Macdonald on 020 7353 6381…

Covid-19, Legal Blog & Publications, Employment during Covid-19, News 9 Oct, 2020

Limitation provisions during lockdown for personal injury & clinical negligence matters

Carin Hunt considers limitation issues resulting from the COVID-19 lockdown in her article for Lexis PSL. In the Lexis PSL article, ‘Coronavirus (COVID-19)—limitation provisions during lockdown for PI and clinical negligence matters’, Carin Hunt considers the consequences of Covid-19 for the limitation of personal injury and clinical negligence claims. Carin looks at delays to the conduct of litigation caused by the pandemic, and considers the use of standstill agreements and the operation of section 33 of the Limitation Act 1980 to keep claims in time. Article If you have subscription to Lexis, you may read the article here.  About the Author Carin Hunt joined Chambers in September 2019, following her pupillage and she is developing a busy practice in the…

Clinical Negligence, Legal Blog & Publications, Personal Injury 12 Aug, 2020

Contract Law and Consideration – Revisiting Foakes v Beer: what role for practical benefit in a world recovering from a pandemic?

Consideration remains at the heart of contract law in England and Wales but the current crisis throws the unsatisfactory state of the law into sharp relief. Nicholas Hill and Patrick Tomison consider the current state of the law and how it might change to reflect the commercial reality of the 21st Century. In 2018 Lord Sumption JSC said that “[m]odern litigation rarely raises truly fundamental issues in the law of contract”. The Common law’s approach to consideration in contract law is one such issue highlighted by the current crisis. A bird in the hand is better than two in the bush In Revisiting Foakes v Beer, Nicholas Hill and Patrick Tomison revisit the Common law’s approach to the principle of consideration enunciated “in…

Legal Blog & Publications, Commercial 12 Jun, 2020

UK insolvency reforms – a blueprint for reform in offshore jurisdictions?

Tim Prudhoe and Justina Stewart look at the likely implications of the Corporate Insolvency and Governance Bill on several overseas jurisdictions. In the short time since first published (22 May 2020), much electronic ink has been spilt on the most significant reforms introduced by the UK Parliament in a generation to insolvency and restructuring law – the Corporate Insolvency and Governance Bill. Much, though, is still left unsaid as to the likely wider reach outside of the UK of the finished product. The raw material is there for this to have a major impact in several overseas jurisdictions that follow the English common law model (albeit not, directly, its actual statutory regime). In this article, Tim Prudhoe and Justina Stewart highlight the…

Covid-19, Commercial during Covid-19, Legal Blog & Publications, Commercial 12 Jun, 2020

Covid-19 adds further pressure to address LIBOR transition litigation risk

Outer Temple Chambers’ Justina Stewart and Signature’s Johnny Shearman’s article on pressure on market participants to address litigation risk bedevilling LIBOR transition has been published in the FT’s Global Risk Regulator. Covid-19 has caused a dramatically increased need for credit, as well as significant uncertainty about the value of a huge range of assets.  LIBOR is the world’s most widely used interest rate benchmark.   Market behaviour, in light of Covid-19, has only served to confirm the lack of LIBOR’s representativeness.  Therefore, the FCA and the Bank of England have not changed their core message ­– firms cannot rely on LIBOR being published after the end of 2021. However, as matters stand, it remains for the market to effect the transition.…

Banking during Covid-19, Banking, Covid-19, Legal Blog & Publications 8 Jun, 2020

Paul Rogers on HSE Guidance, Enforcement and Social Distancing at Work

Paul Rogers considers what the HSE has said about enforcement, and what guidance there is to assist employers to make decisions about protective measures, and raises some questions about the difficulty of proving a material risk of transmission in relation to the so-called ‘two metre rule’. Paul Rogers of our Health & Safety Team has recently had an article published in LexisPSL exploring HSE guidance, enforcement and social distancing at work. The Guidance The Health and Safety Executive (HSE) has said it will look closely at concerns about social distancing and coronavirus (COVID-19) to secure compliance with the law, and has made clear that duty holders have a responsibility to protect workers and others against the risk of coronavirus infection…

Covid-19, Legal Blog & Publications, Health & Safety 4 Jun, 2020

The Corporate Insolvency and Governance Bill – What it means for Directors and Creditors

The Government has published the Corporate Insolvency and Governance Bill setting out the measures it intends to bring in to help businesses survive the economic shock caused by Covid-19, together with important reforms to insolvency. In this article Saaman Pourghadiri of Outer Temple Chambers and Meriel Hodgson-Teall and Daniel Mills of Enyo Law consider what those measures mean for directors and suppliers to companies. This article updates a note Saaman, Meriel and Daniel wrote when measures to assist businesses were first announced. That note can be found here. Overview of the Bill The Corporate Insolvency and Governance Bill (the “Bill”) introduces temporary measures to respond to the Covid-19 crisis and permanent additions to the UK insolvency regime. As at the…

Covid-19, Commercial during Covid-19 3 Jun, 2020

Daniel Barnett hosts Q&A with the President of Employment Tribunals

Daniel Barnett recently chaired a Q&A webinar with the recently appointed President of Employment Tribunals, Judge Clarke. Just three weeks into his new role as President of Employment Tribunals in England & Wales, Judge Barry Clarke, explained how tribunals are managing during lockdown and answered a range of questions from lawyers, employers and unions. Questions and topics included: How are tribunals managing? Issue of fees What are employment judges doing with their time when they are not judging cases? Will cases beyond June be delayed? The situation with listings in 2021 – will they be moved to accommodate unheard 2020 cases? The webinar attracted over 1,000 viewers and is now available to watch online. This webinar was in response to,…

Covid-19, Employment Webinars, Employment during Covid-19, Webinars & Vlogs 3 Jun, 2020

Remote Mediation: The New Normal and the Future

Elaine Palser explores the advantages (which are considerable) and the disadvantages (which are surmountable) of remote mediation and considers what the future holds for settling cases. Remote mediation works Before I took part in my first remote mediation I was sceptical.  I was convinced that it would be inferior to in-person mediation.  To my surprise, it worked extremely well.  In fact, I came away wondering if remote mediation was better than in-person mediation.  Many others have also had remarkably positive experiences of remote mediation. Mediation is a very successful means of settling cases.  According to the CEDR mediation audit 2018, 89% of cases settle through mediation; 74% at the mediation itself and 15% shortly thereafter.  The fact that remote mediation…

Covid-19, Legal Blog & Publications, Mediation 1 Jun, 2020

Daniel Barnett discusses CJRS on the Jeremy Vine Show

Daniel Barnett discusses employee and worker rights on the Coronavirus Job Retention Scheme on the Jeremy Vine Show. Daniel Barnett has been providing regular updates to help decipher the Coronavirus Job Retention Scheme since its launch in March. Daniel’s expertise prompted Jeremy Vine to invite Daniel on to his weekday morning show on Wednesday 13 May to discuss the scheme in advance of the Chancellor Rishi Sunak’s update announcement. Daniel discussed employee rights regarding returning to work and answered viewers’ questions on workers rights.   Watch the Jeremy Vine interview Find out more Daniel Barnett is also the resident legal expert on LBC Radio. You can hear him on DAB Radio, FM 97.3 or via the GlobalPlayer App from 9pm…

Covid-19, Employment during Covid-19, News 14 May, 2020

Ian Denham presents a PEOPIL webinar

Ian Denham speaks in the PEOPIL Travel Law Seminar series. PEOPIL Seminars Ian Denham of Outer Temple Chambers recently spoke about the impact of COVID-19 on the UK’s legal system to members of PEOPIL, the Pan European Organisation of Personal Injury Lawyers. This was the third in a series of webinars hosted by PEOPIL in which lawyers from member countries discuss the effects of COVID-19 in their jurisdiction. Ian explained the UK courts’ approach to case management and remote hearings during COVID-19. He also identified practical problems faced by personal injury lawyers specifically in this context, including the lack of available medical experts and the inability to conduct in-person patient assessments during ‘lockdown’. Finally, he detailed the interplay between COVID-19…

Events, News, Webinars & Vlogs, Travel 13 May, 2020

Paul Rogers on what PPE should be worn when resuscitating a person using CPR

Paul Rogers answers the vexing question of what PPE should be worn when resuscitating a person using CPR during Covid-19, given the conflict between PHE and the UK Resuscitation Council on whether chest compressions are aerosol generating procedures. Paul Rogers of our Health & Safety Team has recently had an article published in LexisPSL exploring what PPE should be worn when resuscitating a person. The Guidance PHE publication ‘COVID-19, infection prevention and control guidance’ explains that the transmission of coronavirus (COVID-19) is thought to occur mainly through respiratory droplets generated by coughing and sneezing and by contact with contaminated surfaces. During AGPs however, it recognises that there is an increased risk or aerosol spread of infectious agents and advises airborne…

Covid-19, Legal Blog & Publications, Health & Safety during Covid-19 11 May, 2020

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