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NEWS
HM Courts & Tribunals Service (HMCTS) has published a blog post, written by Mark Stewart, on how local court initiatives have made a difference to the courts recovery after the coronavirus (COVID-19) pandemic. Stewart discusses how the HMCTS staff worked with others to increase court capacity, the modifications made to cases with multiple defendants, how fraud cases were dealt with throughout the pandemic, how access to justice was improved and the creative ways found to increase Crown Court work. Steward concluded with praising the commitment, creativity and determination of HMCTS staff.
NEWS
The Crown Prosecution Service (CPS) has reported that Rais Kayani, a fraudster who sought to exploit taxpayers through a coronavirus (COVID-19) support scheme, has pleaded guilty to a single count of entering into a money laundering arrangement at Southwark Crown Court. Following an investigation by the National Investigation Service (NATIS), it was found that Kayani's company, RAK Traders and Services Ltd, received £195,000 from three local authorities in St Helen’s, Thurrock and Rochdale, after Kayani defrauded these authorities through false applications to the Small Business Grant Fund. The CPS has said that it has already recovered £155,000 and will seek a confiscation order to obtain the remaining funds. Kayani has been ordered to carry out 100 hours of unpaid word and pay £6,000 in compensation.
NEWS
The Environment Agency (EA) has released guidance on spreading slurry or milk on land, or storing slurry in the context of the coronavirus (COVID-19) outbreak. Although ordinarily individuals who spread slurry or milk or store slurry are required to comply with certain regulatory requirements, the EA is temporarily easing regulation of these activities, provided that the conditions in its regulatory position statement (RPS) C12 are followed. Reliance on the RPS C12 is only permitted if individuals are unable to comply with regulations because of coronavirus-related challenges. A written agreement must be sought from the EA before it is used. The RPS C12 will be withdrawn on 30 September 2020 unless extended.
Q&As
The temporary increase in the nil rate band for SDLT applies to transactions with an effective date that falls within the period from 8 July 2020 ending 31 March 2021. This means that the transaction
NEWS
The House of Commons Library has published a report examining the legal mechanisms used to implement Coronavirus (COVID–19) restrictions in the UK. The report details how authorities employed both ‘hard law’ measures through criminal sanctions under the Public Health (Control of Disease) Act 1984 (PH (CD)A 1984) and ‘soft law’ guidance. It highlights challenges in implementation, including confusion between mandatory rules and advisory guidance and enforcement difficulties.
NEWS
Inner London Crown Court has sentenced Mohammed Khan, aged 20, from Camden, London, to seven months in prison for sending coronavirus (COVID-19) scam text messages. The messages sent by Khan included a link to a 'form on a fake webpage imitating official government websites, with the aim of tricking customers into giving away their personal and account details that could later be used to commit fraud​'. Khan plead guilty to one count of fraud by false representation and one count possession of articles for use in fraud, following a successful investigation by the Dedicated Card and Payment Crime Unit.
Q&As
Where an electronic document review platform is, or can be, used to prepare a party’s disclosure, the closure of their instructing solicitor’s offices part way through the disclosure exercise should not significantly disrupt it. Electronic platforms can be accessed by reviewing staff remotely, and any hard copy documents can be scanned into electronic format. However, the requirement for offices to shut down may mean that disclosure exercises conducted solely on the basis of scrutinising paper documents, which cannot be carried out using a document review platform, will therefore be in jeopardy. Varying disclosure order In many cases involving disclosure, the urgency to complete the exercise will not be pressing and timetables can be varied or extended. Early contact with opposing parties is important in order to agree extensions of time, stays and, if necessary, consent orders to be approved by the court extending time for taking mandated steps. Where
Q&As
Part II of the Landlord and Tenant Act 1954 (LTA 1954) grants security of tenure to business tenants unless its provisions are contracted out. This means that a business lease will not expire by effluxion of time but will be continued as a statutory tenancy unless and until brought to an end in accordance with the provisions of LTA 1954 or when a new lease is granted by the court on the application of either the landlord or the tenant or when the lease is determined by surrender or forfeiture. A landlord is entitled to terminate a business tenancy to which LTA 1954, Part II applies by serving a notice in accordance with section
NEWS
The Ministry of Justice (MoJ) has announced the opening of two additional nightingale courts, located in Bristol and Chester respectively, with a further three nightingale courts to open by the end of October 2020. Additionally, portable jury rooms have been erected in Bradford, Hull and Leeds Crown Courts which will facilitate jury trials to be heard across eight courtrooms. The aim of these courts is to boost capacity and accelerate individuals’ access to justice while adhering to the coronavirus (COVID-19) rules and restrictions.
NEWS
The Crown Prosecution Service (CPS) has announced the prosecution of an accountant for defrauding multiple coronavirus (Covid-19) support schemes. Zeeshan Ashraf has been sentenced to three years and eight months in prison after pleading guilty to five counts of fraud under the Fraud Act 2006. Ashraf fraudulently claimed £268,102.07 and attempted to claim an additional £52,732.66 from various pandemic support initiatives, including the 'Eat Out to Help Out' scheme, from which he swindled £26,928. The CPS emphasised its commitment to pursuing fraudsters who exploit government support grants and loans, and will seek to recover the remaining fraudulent gains to return them to the public purse.
NEWS
The Secretary of State for Business, Energy and Industrial Strategy, Alok Sharma has written to those working in the construction sector, thanking them for their 'invaluable contribution’ to the UK economy since the outset of the coronavirus (COVID-19) pandemic. Sharma paid tribute to workers and expressed admiration for the work they are doing. Sharma added that construction workers have performed a ‘vital role’ in the past six months in building the Nightingale Hospitals, accelerating delivery of infrastructure projects, supporting vital public services, and helping the country adapt to make their buildings coronavirus secure.
Q&As
This Q&A alludes to the definition of ‘protected rent’ in section 3(2) of the Commercial Rent (Coronavirus) Act 2022 (CR(C)A 2022). This provides that rent is ‘protected rent’ if, among other things, ‘the tenancy was adversely affected by coronavirus (COVID-19)’ (see CR(C)A 2022, s 4). CR(C)A 2022, s 4 provides that a tenancy was ‘adversely affected’ if, for any period between 21 March 2020 and 18 July 2021 (in England, or 7 August 2021 in Wales)—‘(a) the whole or part of the business carried on by the tenant at or from the premises comprised in the tenancy, or (b) the whole or part of those premises, was of a description