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NEWS
Law360, London: Insurers are wrong to have deducted an estimated £1bn of taxpayer-funded furlough grants issued during the coronavirus (COVID-19) pandemic, representatives for policyholders argued before the UK Supreme Court on 11 February 2026 in a landmark case for business interruption claims.
Q&As
There are a range of issues that could arise for transfer pricing purposes, due to the impact of coronavirus (COVID-19). Intra-group contracts The starting point for a transfer pricing analysis will be the terms and conditions of a legal contract, and therefore clauses in intra-group contracts relating to termination or force majeure could be important in considering whether, and if so how, the coronavirus epidemic will impact arrangements between group entities. Third party contracts in similar circumstances may provide an arm’s length example of how intra-group arrangements may also be renegotiated in this current environment, whether that means changes to payment term durations, the related party fee itself or the need for compensation payments. Allocation of losses Given the broader financial impact that coronavirus has had and will continue to have, one of the key transfer pricing questions will be how this affects profit (or loss) allocation among group entities. The crisis will clearly result in a significant reduction
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 The tracker is no longer updated.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
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note sets out the potential options and remedies which may be available to a landlord in dealing with a defaulting tenant, how these may have been affected or limited during the coronavirus (COVID-19) pandemic, and how long such limitations are in place. For further guidance on rent recovery, see Practice Note: Rent arrears recovery under the Commercial Rent (Coronavirus) Act 2022 [Archived]. Normal remedies Coronavirus (COVID-19) remedies How long is the coronavirus (COVID-19) remedy in force? Possession notices (residential tenancies) The two main routes for terminating assured shorthold tenancies (ASTs) are under the Housing Act 1988 (HA 1988):• section 8—which requires between two weeks’ and two months’ notice depending on the ground for possession relied on (Note that assured tenancies (AT) must be terminated using the section 8 procedure), or• section 21—which requires at least two months’ noticeSee Practice Note: Terminating assured and assured shorthold tenancies—pre-Renters' Rights Act position. ​​Notice periods were increased
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
PRACTICE NOTES
ARCHIVED: This Practice Note covers the first instance decision of The Financial Conduct Authority v Arch Insurance. It has been archived and it is not maintained. For information concerning coronavirus (COVID-19) and business interruption insurance, including consideration of The Financial Conduct Authority v Arch Insurance, see Practice Note: Coronavirus (COVID-19)—FCA non-damage business interruption insurance test case [Archived]. STOP PRESS: The decision of The Financial Conduct Authority v Arch Insurance, was handed down on 15 January 2021. See: LNB News 15/01/2021 107. Business interruption insurance has typically been sold as an extension to commercial property policies. Most business interruption cover requires that any such losses result from damage to insured property. There is, however, no standard form of business interruption insurance and some insurers offered policies with additional triggers for business interruption cover, such as denial of access or closure by a public authority. Many businesses have sought to claim under their business interruption insurance for coronavirus (COVID-19) losses but few have been indemnified. Aggrieved policyholders were vocal and the mainstream
NEWS
Law360, London: The owner of popular high-street pizzeria Franco Manca has agreed to settle its dispute with QIC Europe Ltd over losses the restaurant chain claimed to have suffered after it temporarily closed sites at the height of the coronavirus (COVID-19) pandemic.
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note summarises the key ways in which company filing and other administrative procedures have temporarily changed due to the coronavirus crisis. On 26 March 2021 Companies House announced that the automatic filing extensions granted by the Corporate Insolvency and Governance Act (CIGA) 2020 for filing deadlines between 27 June 2020 and 5 April 2021, to relieve the burden on companies during the coronavirus (COVID-19) pandemic, would come to an end for filing deadlines that fall after 5 April 2021. For confirmation statement filings, accounts filings and event-driven filings after 5 April 2021, there would be no further automatic extensions and any deadlines that fall after this date would go back to normal. For mortgage charges, while those with an interest in the charge created up to and including 4 April 2021 would continue to receive an automatic extension of ten additional days to file the particulars of a charge, those with an interest in the charge created
NEWS
Law360, London: An English appeals court agreed with London's ExCeL exhibition centre and other policyholders on 6 September 2024 that national lockdowns during the coronavirus (COVID-19) pandemic triggered 'at the premises' clauses in their insurance policies in a test case likely to bolster thousands of other claims.
Q&As
The Coronavirus (COVID-19) Job Retention Scheme (CJRS) is a temporary scheme in place for three months starting from 1 March 2020, but it may be extended if necessary and employers can use this scheme anytime during this period (see Practice Note: Coronavirus Job Retention Scheme (original version to 30 June 2020) [Archived] and also the official guidance for employers and guidance for employees. Office holders can be furloughed and receive support through the CJRS. The furlough, and any ongoing payment during furlough, will need to be agreed between the office holder and the party who operates PAYE on the income they receive for holding their office. Where the office holder is a company director or member of a limited liability partnership (LLP), the furlough arrangements should be adopted formally as a decision of the company or LLP. Company directors As office holders, salaried company directors are eligible to be furloughed and receive support through the CJRS. Company directors owe duties to their
Q&As
There is, on the face of it, nothing to prevent an employer giving notice of termination, in accordance with statute and the contract of employment, to an employee who is on furlough under the coronavirus (COVID-19) job retention scheme (CJRS). See Practice Notes: • Statutory minimum notice • Contractual notice The CJRS is designed to support employers whose operations have been severely affected by coronavirus. To date, information on the CJRS has been provided in the form of: • guidance for employers • guidance for employees  For information on which employees are covered by the scheme, see Practice Note: Coronavirus Job
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.