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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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Financial remedies – conduct

April 2021 | Family

The judge had not been wrong in deciding it was too late for further evidence to be adduced by the parties. In this case, the CA said that the parties should not expect a judge to allow further evidence at a late stage. Among the many grounds of W’s appeal, there was an attempt to …

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HMLR – requisition cancellations

April 2021 | Conveyancing

HMLR has updated the timeframes relating to notification of requisition cancellations in PG 50 (requisition and cancellation procedures) again (we only covered this in our February 2021 edition (p5)). Section 2 has been updated as follows (update in italics): ‘The application will be cancelled if we do not receive a full reply, but not before …

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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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Aggressive texts – take care

April 2021 | Employment

The ET has recently heard an interesting unfair dismissal case which has received coverage in the mainstream media because a notable feature of the case involved the overuse of punctuation in text messages. The claimant was originally employed as a university lecturer although the subsequent employment claim relates to him taking up a post as …

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HMLR local land charges – data transfer

April 2021 | Conveyancing

HMLR has provided an update on the progress of the above initiative. Practitioners will recall that HMLR is working in partnership with local authorities in England to standardise and migrate local land charges register information to one accessible place. Anyone can access the new Local Land Charges service through HMLR’s search for local land charges …

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Children – Hague Convention

April 2021 | Family

F unsuccessfully applied for a return order, Mostyn J finding on the facts that the Hague Convention had not been invoked and F had acquiesced. F had made an application under the 1980 Hague Convention for the return of the two children to Australia after M brought them to the UK. The children have dual …

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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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Sentencing – proportionality

April 2021 | Crime

The Solicitor General succeeded in having an unduly lenient sentence increased in the case of a defendant convicted of six offences including drugs offences (conspiracy), sending malicious communications, blackmail and violence. He was originally sentenced to a total of five years in prison. D, who is 37, was not known to mental health services, but …

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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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