Issue: April 2021

Sentencing – drugs; permitting premises to be used

April 2021 | Crime

A new sentencing guideline for convictions of permitting premises to be used has been published with effect from 1 April 2021. It is an offence under s8 Misuse of Drugs Act 1971 for occupiers or managers of property to allow their premises to be used for specific drug-related activities. In cases where D could receive …

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Unauthorised development – methods of enforcement

April 2021 | Land

Breaches of planning control can occur in a number of situations, eg when development is undertaken without the required planning permission or where there is a failure to comply with planning conditions in any planning permission. LPAs have a responsibility to take enforcement action which is in the public interest. However, they have discretion to …

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Commercial evictions – another ban

April 2021 | Landlord and tenant – commercial

No, it’s not the same article from our February 2021 edition (p23) but a report of another ban on commercial evictions, this time to 30 June 2021. The Business Tenancies (Protection from Forfeiture: Relevant Period) (Coronavirus) (England) Regulations 2021 and the Business Tenancies (Extension of Protection from Forfeiture etc) (Wales) (Coronavirus) Regulations 2021 both come …

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Lateral flow tests – pitfalls

April 2021 | Employment

An interesting article considers the practical issues involved in workplace coronavirus testing and how employers can minimise the risk of claims for breaches of employment or data protection laws. The government has expanded access to workplace Covid testing but there are a number of things employers need to consider when Covid testing in the workplace. …

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Residential evictions – extended

April 2021 | Landlord and tenant – residential

The government has announced that residential tenants will also be supported as the ban on bailiff-enforced evictions in all but the most serious circumstances – such as incidents of fraud or domestic abuse – and the requirement for landlords to provide six-month notice periods to tenants before they evict will also be extended until at …

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Workplace Covid testing – ICO guidance

April 2021 | Employment

The ICO has issued some useful guidance on a wide range of issues in relation to workplace Covid testing that will be of use and interest to practitioners and their clients. The content includes such issues as: appropriate type of test; what to tell staff; frequency of testing; data collection and retention; and testing customers …

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Witness statements – big changes

April 2021 | Procedure

Practitioners using the Business and Property Courts (BPR) must prepare for changes to the requirements for witness statements which will be introduced on 6 April 2021. The practice direction is made under rule 57A.3 and concerns witness statements made for use in the BPC and applies to new and existing proceedings, but only to trial …

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Overnight shift – no full NMW

April 2021 | Employment

The SC has handed down an important decision regarding whether carers who have to do ‘sleep in’ shifts are entitled to be paid for the entire period. The SC succinctly summarised the crux of the case as: how is the number of hours in their case to be calculated for the purposes of the national …

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Witness statements – disclosed in error

April 2021 | Procedure

The HC heard an interesting case involving an application for permission to use the contents of four witness statements which would otherwise have been the subject of privilege, but which had been inadvertently disclosed by the claimant’s solicitors in their list of documents. The HC set out the accepted position for the party which wishes …

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