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NEWS
Local Government analysis: In late February 2021 a news article reported that a care home worker had been arrested on suspicion of gross negligence manslaughter after a patient died of coronavirus (COVID-19). In late March 2021, two further care home workers were arrested on suspicion of wilful neglect. Jonathan Grimes and Sophie Wood of Kingsley Napley LLP look at how those working in care homes can potentially face criminal liability in respect of coronavirus cases.
Q&As
Movement restrictions During the emergency period, no person may leave or remain outside the place where they were living without ‘reasonable excuse’. The list of reasonable excuses set out in regulation 6(2) of the Health Protection (Coronavirus, Restrictions) (England) Regulations 2020, SI 2020/350, (which is probably non-exhaustive, given the wording ‘includes…’) is detailed and sets out a wide range of potential reasonable excuses, which include: • to obtain basic necessities, including food and medical supplies for those in the same household or for vulnerable persons and supplies for the essential upkeep, maintenance and functioning of the household, or the household of a vulnerable person
PRACTICE NOTES
UPDATE (30/11/20): The Health Protection (Coronavirus, Restrictions) (All Tiers) (England) Regulations 2020, SI 2020/1374 made on 30 November and in force from 2 December 2020, revoke the Coronavirus Restrictions (No 4) Regs 2020, SI 2020/1200, with the effect that the national lockdown restrictions considered in this Practice Note will cease to have effect at the end of Tuesday 1 December 2020, and not at the end of Wednesday 2 December 2020 as was previously set out in the Coronavirus Restrictions (No 4) Regs 2020, SI 2020/1200. Also on 30 November, the DHSC published guidance on Tier 1: Medium alert, Tier 2: High alert and Tier 3: Very High alert. See News Analysis: New 2 December COVID-19 tiering legislation and guidance published. This Practice Note and Practice Note: Coronavirus (COVID-19)—managing the workplace to 18 July 2021 [Archived] will be updated shortly. UPDATE (26/11/20): On 26 November, the DHSC published a Full list of local restriction tiers by area. See: List of local coronavirus
NEWS
Law360, London: Wahaca has sued its insurer for allegedly failing to pay out for losses incurred when the Mexican-style restaurant chain was forced to close during the coronavirus (COVID-19) pandemic, becoming the latest hospitality business to take its insurer to court.
Q&As
We are not proposing to produce a precedent clause to cover coronavirus (COVID-19) delays in residential conveyancing because in our view, given the degree of uncertainty which exists at the present time, it would be very difficult to draft a clause that
PRACTICE NOTES
ARCHIVED: This Practice Note is archived and is no longer maintained. This Practice Note discusses the implications of the coronavirus (COVID-19) outbreak for structured products and securitisation transactions and includes practical tips for lawyers working in these areas. For regular updates of news and analysis on the outbreak relevant to structured products and securitisation transactions, see Practice Note: Coronavirus (COVID-19) implications for Banking & Finance lawyers. Coronavirus (COVID-19) Lawyers across the world are currently grappling with many common areas of concern in connection with the coronavirus (COVID-19) pandemic. There are a number of areas that are particularly relevant to banking and finance lawyers. For more detail and analysis on these, see Practice Note: Coronavirus (COVID-19) implications for Banking & Finance lawyers, which is updated regularly with news, practical guidance and analysis covering the impact of COVID-19 developments and covers subject areas such as force majeure in lending transactions and execution of documents as well as setting out the implications for different types of banking and finance lawyers. This
Q&As
The first lockdown was the period of national lockdown regulations from 26 March 2020 to 4 July 2020. The second lockdown was the period of national lockdown regulations from 5 November 2020 to 2 December 2020. The third lockdown began on 6 January 2021 and is expected to last until 8 March 2021 at the earliest. There are several key regulatory differences from the first lockdown in England to subsequent lockdown restrictions including: • more businesses are now able to operate including construction, dentistry, waste recycling
PRACTICE NOTES
ARCHIVED: This archived Practice Note is not maintained and is for background information only. STOP PRESS (16/7/21): Legislation has been introduced to initiate Step 4 of the Roadmap. The Health Protection (Coronavirus, Restrictions) (Steps etc) (England) (Revocation and Amendment) Regulations 2021, SI 2021/848, which come into effect at 11.55 on 18 July 2021 revoke various regulations including in relation to limitations on the numbers of people gathering indoors and outdoors, social distancing, the wearing of face coverings and collecting contact details. See: LNB News 16/07/2021 22. STOP PRESS (15/7/21): The Department for Business, Energy and Industrial Strategy (BEIS) published Working safely during coronavirus: guidance from Step 4 on 14 July 2021. The previous 14 guides have been condensed into six new guides that will apply from 19 July. These reflect that all businesses can open and the government is no longer instructing people to work from home, social distancing will no longer apply (although employers should mitigate the risk by reducing the number of people workers come into contact
PRACTICE NOTES
This archived Practice Note tracked the changing developments in relation to the holding of valid and effective general meetings and annual general meetings during the coronavirus pandemic and the restrictions brought in to contain it. For ongoing (post-pandemic) information on the calling and holding of hybrid general meeting and AGMs see: • How to call and hold an effective hybrid general meeting • Holding entirely virtual or hybrid general meetings and AGMs For general information on the calling and holding of company meetings see: • Calling a general meeting (including an AGM) • Holding a general meeting of a private company or unlisted public company • Holding a general meeting of a listed public company • Holding an AGM of a private company or unlisted public company • Holding an AGM of a listed public company Pre-pandemic hybrid general meetings and AGMs In the years before the coronavirus pandemic, a number of FTSE 350 companies started broadcasting their AGMs by webcast in addition to holding a physical meeting, and 2016 saw the
CHECKLISTS
ARCHIVED: This Checklist has been archived and is not maintained. This Checklist was written with a view to examining some of the key areas of service level agreements and supplier performance that a customer should consider reviewing in light of the impact of coronavirus (COVID-19). It offers considerations for possible review and revision of policies, processes and contractual provisions in light of the pandemic. It may be of ongoing use to customers in case of The third column can be used to record observations or comments as the Checklist is worked through. The Checklist does not consider the handling of disputes arising as a result of performance issues. For more general information and resources in relation to coronavirus, including the implications for dispute resolution, see: • Practice Note: Coronavirus (COVID-19) and TMT • Practice Note: Drafting for unforeseen events—commercial contracts • Coronavirus (COVID-19)—drafting TMT agreements—checklist [Archived] Checklist Further information Notes (if any) Review service provision ☐ Have any areas of weakness been exposed? For example, any failings in remote
PRACTICE NOTES
Scope of this tracker This tracker relates to the annual general meetings of those FTSE 350 and AIM 50 companies which posted an AGM notice between 1 March and 31 May 2020 in the context of the coronavirus pandemic and is therefore now archived. The two tables in this document track how the coronavirus outbreak impacted the preparations for the AGMs of FTSE 350 and AIM 50 companies which issued an AGM notice between 1 March 2020 and 31 May 2020. For analysis of the findings included in the tracker see Coronavirus (COVID-19)—impact on the AGMs of FTSE 350 and AIM 50 companies (1 March 2020–31 May 2020). The tracker is no longer updated. In October 2020 the FRC also published a review of the different ways that FTSE 350 companies conducted their 2020 AGMs following the disruption caused by the pandemic. On 24 February 2021 the Chartered Governance Institute (CGI) issued updated guidance (2021 Guidance) which anticipates that general meetings will be required to be held on a closed basis until at least 17 May
Q&As
The impact of the coronavirus (COVID-19) pandemic has profound implications for the global economy and for individual businesses. Government measures in the UK and overseas to slow the spread of the virus include social distancing, self-isolation and closure of businesses. Where businesses