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NEWS
The Home Office has published a report following research on the impact of the coronavirus (COVID-19) lockdown on crime demand and charge volumes in England and Wales. The report analyses the changes in April 2020 and March 2021. The report highlights that short-term falls in crime workload correlated to an increase in charge volumes for various offences. The Home Office attributes this finding to diverted resources to clearing backlogs and greater proactive policing. The report also highlighted that some offences like shoplifting reduced in recorded crimes and consequently, fall in volumes of charges.
NEWS
Local Government analysis: The court dismissed an application by the homeless person, Ms Merritt (the claimant) for an interim injunction requiring the local authority and managing agent to re-admit them to the property. The claimant had been allowed to occupy the property pending a review of the local authority’s decision that it had discharged its housing duty towards them. The court held that there was no serious issue to be tried that the local authority had let or licensed the property to the claimant ‘as a dwelling’ as they were unable to distinguish the decision of the Supreme Court in R(N) v Lewisham. The court granted a cross-application from the managing agent for an interim injunction requiring the claimant to vacate the property, but suspended its operation until the expiry of the Public Health (Coronavirus) (Protection from Eviction) (England) Regulations 2021 (the 2021 Regulations). Written by Matt Hutchings QC, barrister at Cornerstone Barristers.
NEWS
The Home Office has produced caseworker guidance explaining the impact of the Coronavirus Extension Concession (which extended leave which expired between 24 January 2020-31 July 2020, with a grace period to leave the UK between 1-31 August 2020) and the Exceptional Assurance Concession (granting two or ten week protection from the consequences of visa overstaying from 1 September 2020-28 February 2023).
NEWS
The chancellor of the exchequer, Rishi Sunak, and the governor of the Bank of England (BoE), Mark Carney, have held a banking industry summit on support for small and medium sized businesses (SMEs) affected by the coronavirus. Together with BoE governor-designate Andrew Bailey and economic secretary to the Treasury John Glen MP, they met representatives from the banking industry to discuss co-ordinated action to support SMEs whose finances are affected by the outbreak.
Q&As
A contractual residential tenancy of a property in England which falls outside of the Housing Act 1988 (ie an assured or assured shorthold tenancy) or the Rent Acts is likely to be a common law tenancy. The tenant’s rights and obligations under the tenancy will depend upon the terms agreed by the parties. Where the contractual term of a common law tenancy has expired, the tenant’s right to possession ceases and the landlord is entitled to possession. No notice to quit is required in these circumstances. In the case of
NEWS
The Courts and Tribunals Judiciary has published Judge Geraint Walters’ update to his reflections on how Swansea Crown Court adapted to the coronavirus (COVID-19) pandemic. In his update, Walters J shares his experience of presiding over jury trials at the new Nightingale court in Swansea. His reflections include how the court was transformed to allow enough space to socially distance a second jury panel, the setting aside of rooms for various tasks, including a Witness waiting room and a judge’s retiring room, and the taking on and training of new staff, including ‘new security staff and several new ushers’.
NEWS
The Civil Mediation Council (CMC) has published guidance relating to online and remote mediation in response to the coronavirus (COVID-19) pandemic. The guidance is to be used by mediators carrying out mediation remotely, by video or voice-only connections. The CMC confirms that the guidance is not intended to supersede information contained within a mediator’s Code of Practice, and states that mediators must continue to abide by such codes while carrying out remote mediation. The guidance provides information regarding measures prior to the mediation process, during mediation, and after mediation is complete.
Q&As
The Coronavirus Job Retention Scheme (CJRS) from 1 November 2020 is governed by the Coronavirus Act 2020 Functions of Her Majesty’s Revenue and Customs (Coronavirus Job Retention Scheme) Direction, given on 12 November 2020 (Treasury Direction No 5). The Coronavirus Act 2020 Functions of Her Majesty’s Revenue and Customs (Coronavirus Job Retention Scheme) Direction to extend the effect of the Coronavirus Job Retention Scheme (CJRS), given 25 January 2021 (Treasury Direction No 6), provides that the CJRS, for the period beginning on 1 February 2021 and ending on 30 April 2021, applies as if Part 1 of the Schedule to Treasury Direction No 5 were set out in the Schedule to Treasury Direction No 6, subject to certain modifications. For further information, see: • HMRC guidance: Check if you can claim for your employees' wages through the Coronavirus Job Retention Scheme • Practice Note: Coronavirus Job Retention
NEWS
MedCo has updated its Examination Guidelines, removing provisions for remote examinations that were implemented during the coronavirus (COVID-19) pandemic. The updated guidelines reinforce that medical examinations must be conducted in neutral, professional environments that are confidential, private, safe and secure. The guidelines explicitly prohibit examinations from taking place at premises belonging to the instructing party.
NEWS
The Insolvency Service has reported that restaurant owner, Illhan Kekec, fraudulently secured a £30,000 coronavirus (COVID-19) Bounce Back Loan (BBL) shortly before filing an application to dissolve his business without informing creditors. Kekec was handed a jail sentence of two-and-a-half years and disqualified as a company director for three years.
Q&As
The restrictions on forfeiture of a business tenancy on the grounds of non-payment of rent contained in section 82 of the Coronavirus Act 2020 (CA 2020) have been extended to 25 March 2022 in England and to 30 September 2021 in Wales. This is to allow time for legislation to be introduced to ‘ringfence’ debt accrued from March 2020 and to establish a binding arbitration system to deal with disputes regarding unpaid arrears which accrued during the coronavirus (COVID-19) pandemic, where landlords and tenants are unable to reach a negotiated settlement. The forfeiture restrictions may therefore be lifted before expiry of the current deadline if the proposed legislation is put in place
NEWS
The Courts and Tribunals Judiciary has published the speech of the Deputy Head of International Family Justice for England and Wales, MacDonald J, on the remote family access family court. MacDonald J discussed what the family court has learnt so far in its implementation of remote hearings and detailed the benefits and difficulties the court encountered in endeavouring to create a remote access family court as a means of mitigating the impact of the coronavirus (COVID-19) public health emergency.