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Q&As
For information on the coronavirus (COVID-19) job retention scheme (CJRS), see Practice Notes: Coronavirus Job Retention Scheme (original version to 30 June 2020) [Archived] and Coronavirus Job Retention Scheme (original version to 30 June 2020)—FAQs [Archived]. Information on the CJRS is provided in the form of: • guidance for employers: Claim for your employees’ wages through the Coronavirus Job Retention Scheme • guidance for employees: Check if your employer can use the Coronavirus Job Retention Scheme These two sets of guidance
PRACTICE NOTES
Business interruption insurance is typically sold as part of commercial property insurance. Most business interruption cover requires the interruption to, or interference with, the business to result from damage to insured property. However, some policies include additional ‘non-damage’ extensions which provide cover for business interruption losses in other circumstances, such as where access to or use of the premises of the business is prevented or hindered as a result of circumstances other than property damage. In March 2020, following the coronavirus (COVID-19) lockdown, many businesses sought to claim under their business interruption insurance for related losses, but few were indemnified due largely to uncertainty as to how business interruption policies with non-damage extensions responded to a national outbreak of infectious disease. The Financial Conduct Authority (FCA), in consultation with policyholders and insurers, commenced a test case under the Financial Markets Test Case Scheme (the FCA test case). The first instance hearing took place before a Divisional Court in July 2020 and judgment was handed down on 15
PRACTICE NOTES
This Practice Note summarises the new capital markets recovery package of measures proposed by the European Commission in July 2020 to address the impact of the coronavirus (COVID-19) pandemic. The package makes targeted amendments to the EU Prospectus Regulation (EU) 2017/1129, the Markets in Financial Instruments Directive 2014/65/EU (EU MiFID II), the EU Securitisation Regulation (EU) 2017/2402 (OJ L 347 28.12.2017 p 35), and the Capital Requirements Regulation (EU) 575/2013 (EU CRR), with the aim of enabling capital markets to more easily support European businesses in recovering from the crisis caused by coronavirus. Background to the capital markets recovery package On 24 July 2020, the European Commission adopted a capital markets recovery package as part of its overall coronavirus (COVID-19) recovery strategy. The Commission had already proposed a targeted banking package in April 2020 to facilitate lending to households and businesses throughout the EU (for more information, see Practice Note: Coronavirus (COVID-19)—targeted EU banking package). The capital markets recovery package is intended to make it easier for capital markets to help businesses in the
PRACTICE NOTES
This Archived Practice Note outlines the general base-line coronavirus (COVID-19) restrictions, including the modified regional tiered restrictions and the national restrictions in force in England until 19 July 2020, that applied to business premises, including premises licensed for the sale of food and drink, alcohol or entertainment until all formal restrictions were lifted. The government recommends continuing caution but formal restrictions have been removed with the warning that they may need to be reintroduced if health circumstances require it. The government measures to help prevent the spread of coronavirus (COVID-19) have changed significantly during the course of the pandemic from the national lockdown to taking more nuanced action in areas of increased transmission, so keeping track can be difficult for practitioners and their clients. This Practice Note aims to provide a reference point for the current restrictions in force in England. For the national restrictions during the initial response to the pandemic, see Archived Practice Note: Impact of coronavirus (COVID-19) on Licensing [Archived]. Roadmap out of national lockdown On
CHECKLISTS
This Checklist sets out some of the key issues to consider when a party is unable to comply with its contractual obligations due to the impact of coronavirus (COVID-19)—eg to proceed with/complete works under a construction contract, or supply goods or services under a supply contract (or series of supply contracts). Commercial considerations, shared objectives and collaboration will also play a key role in ensuring that parties are able to mitigate the impact of coronavirus on their staff and business, in challenging times and where neither party is at fault. Force majeure Force majeure is a term used to describe an event that is beyond the control of the parties, and which prevents them from fulfilling their contractual obligations: Triggering force majeure • check to see whether your contract contains force majeure provisions or provisions with a similar effect. Note that: ◦ the term ‘force majeure’ may not necessarily be used in the contract, eg the FIDIC 2017 standard form construction contracts use the term ‘Exceptional Event’ ◦ force majeure provisions may be set out in a standalone clause
Q&As
The Vice-President of the Court of Protection, Mr Justice Hayden, has issued guidance on visits to protected persons by judges and practitioners during the coronavirus pandemic. See Court of Protection: Guidance COVID-19. This guidance recognises the particular
Q&As
On 30 March 2020, the Office of the Regulator of Community Interest Companies at Companies House (the Regulator) published an information page for community interest companies (CICs) regarding the challenges that they may be facing and services that it is able to offer during the coronavirus crisis, summarised as follows: • file online—the online filing services to incorporate CICs, file accounts, file the confirmation
PRACTICE NOTES
ARCHIVED: This archived Practice Note considers the Acas guidance on how to deal with disciplinary and grievance procedures during the coronavirus (COVID-19) pandemic, and the adjustments it suggests that employers may need to make to implement the Acas Code of Practice on Disciplinary and Grievance Procedures (Acas Code) to ensure that any procedure is safe, fair and reasonable. It is not maintained and is for background information only. The existing Information Commissioner’s Office (ICO) Employment Practices Code and supplementary guidance have not been updated to reflect Assimilated Regulation (EU) 2016/679, UK General Data Protection Regulation (UK GDPR) or the Data Protection Act 2018. For information on the ICO’s plans for an Employment Practices Hub, and consultations launched to date in respect of draft guidance, see Practice Note: The UK GDPR and DPA 2018: key data protection issues for employment lawyers—Information Commissioner's Office (ICO) guidance. This Practice Note is based on the information and guidance that has been made available to date, and will be updated to reflect the new ICO guidance
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note explains the temporary relaxation of the obligations upon local authorities (LA)s in relation to assessments of Education, Health and Care needs and provision for those in their local authority area. It explains what has changed in terms of legal obligations and the loosening of timescales within which a LA must act to allow for the extreme pressures on resources, and possible lack of key staff for the duration of pandemic management. These relations are only permitted because of a reason relating to the incidence or transmission of coronavirus (COVID-19). Coronavirus (COVID-19) response In March 2020, the Coronavirus Act 2020 (CA 2020) was published and within it, the Secretary of State was permitted to give a notice which disapplies or modifies certain legal duties due to the transmission of coronavirus. On 30 April 2020, in accordance with the power granted by CA 2020, s 38, Sch 17 Pt 1, para 5(1) the Secretary
NEWS
Law360, London: A racecourse business shuttered during the coronavirus (COVID-19) pandemic on 22 July 2025 lost its case that £2.5m insurance limits applied to every cancelled race, with a London court ruling that each event was not a separate point of loss.
Q&As
UPDATE: Since this Q&A was first published on 31 March, the HMRC guidance for employers: Claim for your employees’ wages through the coronavirus job retention scheme and guidance for employees: Check if your employer can use the coronavirus job retention scheme (first published on 26 March) has been revised on 4 April, 9 April and 15 April 2020. For information on the position as at 15 April 2020, see: Update (15 April 2020) below. The government published two sets of guidance on 26 March: • guidance for employers:
Q&As
The Health Protection (Coronavirus Restrictions) (No 5) (Wales) Regulations 2020, SI 2020/1609 came into force on 18 December 2020 in exercise of the powers conferred by the Public Health (Control of Disease) Act 1984, and expire at the end of the day on 26 November 2021. The purpose of the Regulations are to set out various provisions and restrictions arising out of the coronavirus (COVID-19) pandemic. The Health Protection (Coronavirus Restrictions) (No 5) (Wales) Regulations 2020, SI 2020/1609, Pt 3 (SI 2020/1609, reg 5) sets out the requirement for a person to isolate where a person tests positive for coronavirus or has close contact with such a person. ‘Close contact’ is defined by SI 2020/1609, reg 5(1) as meaning contact that a contact tracer considers may lead to a risk of infection or contamination with coronavirus,