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NEWS
Law360: A group of hospitality and farming businesses have sued the National Farmers Union Mutual Insurance Society Ltd for around £10.5m to cover losses the companies allegedly suffered from closures during the coronavirus pandemic.
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.
PRACTICE NOTES
ARCHIVED: This Practice Note is archived and is no longer maintained. Coronavirus (COVID-19) Lawyers across the world have been 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 includes links to news, practical guidance and analysis covering the impact of COVID-19 developments. This Practice Note sets out the key issues which are relevant to real estate finance during the COVID-19 outbreak. For information on general lending issues arising from the COVID-19 outbreak, see Practice Notes: Coronavirus (COVID-19)—implications for lending transactions and Coronavirus (COVID-19)—Banking & Finance frequently asked questions [Archived]. Impact on real estate finance The impact of COVID-19 on the real estate finance (REF) market has gone to the heart of most transactions, affecting property values, rental cashflow and construction timeframes. Lenders and borrowers will need to review their finance
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 It has been archived and it is not maintained.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.
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
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
ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note focuses on the implications for PI and clinical negligence practitioners in the light of temporary rules and guidance introduced following the coronavirus (COVID-19) pandemic. This Practice Note should be read in conjunction with Practice Notes: • Coronavirus (COVID-19) implications for dispute resolution [Archived] • Coronavirus (COVID-19) civil court specific guidance—dispute resolution [Archived] Case management of personal injury claims See also Practice Note: Coronavirus (COVID-19) implications for dispute resolution [Archived]—Case progression and management. The Association of Personal Injury Lawyers (APIL) and Forum for Insurance Lawyers (FOIL) published guidance on best practice to assist claimant and defendant lawyers handling personal injury claims during the coronavirus pandemic. This agreement was first introduced on 31 March 2020 and continues to apply (subject to periodic review). The guidance is of course subject to compliance with the CPR and includes the following. Communication Practitioners should engage with their counterparts by telephone and/or email with a view to resolving disputes
NEWS
Law360, London: Allianz has beaten a theatre operator's attempt to revive a coronavirus (COVID-19) business interruption claim, as an appeals court ruled on 28 October 2024 that the insurer's policy did not cover losses caused by government-mandated lockdowns.
PRACTICE NOTES
ARCHIVED: This Practice Note is archived and is no longer maintained. Coronavirus (COVID-19) Lawyers across the world have been grappling with many common areas of concern in connection with the coronavirus (COVID-19) pandemic. There are 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 contains news, practical guidance and analysis covering the impact of COVID-19 developments. This Practice Note sets out the key issues which are relevant to trade and commodity finance during the COVID-19 outbreak. For information on general lending issues arising from the COVID-19 outbreak, see Practice Notes: Coronavirus (COVID-19)—implications for lending transactions and Coronavirus (COVID-19)—Banking & Finance frequently asked questions [Archived]. International Chamber of Commerce (ICC) guidance on its rules In April 2020, The ICC issued a guidance paper on the impact of COVID-19 on trade finance transactions issued subject to ICC rules. The guidance paper provides technical guidance to the market on:
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
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