Commercial news vlog - November 2020: C-19 Job Retention Scheme, Business Interruption Insurance and Subject Access Requests

Commercial news vlog - November 2020: C-19 Job Retention Scheme, Business Interruption Insurance and Subject Access Requests

 

 

 

COVID

COVID measures extended

The Government has announced extensions of measures to help businesses through the pandemic, including:

  • the allowance for companies to hold AGMs virtually until 30 December;
  • restrictions on statutory demands and winding-up petitions until 31 December;
  • modifications to the new moratorium procedure, which relax the entry requirements to it, until 30 March 2021.

It’s important to note, however, that the temporary suspension of personal liability of directors for wrongful trading has not been extended.

Practice Note: Coronavirus (COVID-19)—holding general meetings and AGMs

Practice Note: Corporate Insolvency and Governance Act 2020—temporary changes to corporate statutory demands and winding-up petitions

Practice Note: Corporate Insolvency and Governance Act 2020—temporary changes to the wrongful trading regime

News Analysis: Corporate Insolvency and Governance Act 2020—extension of temporary measures

Coronavirus Job Retention Scheme

The Coronavirus Job Retention Scheme (CJRS) has also been extended until March 2021. Initially, the level of support available under the extended scheme mirrors that available under the CJRS in August, with the Government paying 80% of wages up to a cap of £2,500 (although the % payable will be reviewed in January). Flexible furloughing is allowed under the extended CJRS, as well as full-time furloughing. The Job Support Scheme, which was scheduled to come into effect on 1 November, has been postponed until the CJRS ends.

News Analysis: CJRS extended to end of March 2021, JRB and SEISS amended

Precedent: Letter—from employer to employee regarding flexible furlough arrangements (extended CJRS from 1 November 2020)

 

Business Interruption insurance

In September the High Court ruled on the Financial Conduct Authority (FCA) case that sought clarification on behalf of business interruption insurance policyholders– following the insurers refusal to pay out claims that arose from the pandemic.  The Court only reviewed a sample of policy wordings and agreed with the FCA on most issues.  Whilst each case will need to be decided on its own

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About the author:

Louisa leads marketing for the in-house legal community at LexisNexis. She joined the dedicated in-house team at LexisNexis four years ago and has a passion for driving and facilitating initiatives which are customer-focused at their heart. Her vision is to support in-house counsel succeed in their fast-evolving role based on deep insight, data analysis and best practice gathered across the in-house community.

Prior to her in-house focused role, Louisa led the marketing for the bar and mid-market private practice sectors as well as product marketing lead for LexisPSL - LexisNexis' cloud based, practical guidance and legal research software solution.

She brings 20 years' marketing experience both client and agency side, specialising in B2B marketing in the Legal, TMT (Telco, Media and Technology) and Financial Services industries. In both South Africa, Europe and the UK.

Louisa is also an active member on the LexisNexis Gender Equality Matters (GEM) steering committee and is involved with the Families at LexisNexis Group which brings together, supports and lobbies for change those with an interest in balancing the challenges of work and family.