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PRACTICE NOTES
This Practice Note considers the application, scope and limitations of the changes to legislation and practice applied to businesses subject to licensing regimes introduced as part of the Government’s response to the coronavirus (COVID-19) pandemic through the Coronavirus Act 2020 (CA 2020) and the Health Protection (Coronavirus, Restrictions) (England) Regulations 2020, SI 2020/350 and subsequent amending legislation between 26 March 2020 and 3 July 2020. The Health Protection (Coronavirus, Restrictions) (No 2) (England) Regulations 2020, SI 2020/684 came into force on 4 July 2020 and revoked Health Protection (Coronavirus, Restrictions) (England) Regulations 2020, SI 2020/350 and subsequent amendments save to the extent provided for in regulation 2(2) in relation to any offence committed under those regulations before 4 July 2020. This content remains relevant as reference point for those offences. These temporary provisions are designed to ensure the protection of public
NEWS
The UK Covid-19 Inquiry has announced that it has opened the Inquiry’s eighth investigation (Module 8) examining the impact of the Coronavirus (Covid-19) pandemic on children and young people. The Core Participant application window will be open from 21 May to 17 June 2024. The Inquiry has also announced that Module 9 will focus on the economic response to the Coronavirus pandemic. This investigation will open in July 2024. The Inquiry has also said that a further investigation is expected to be announced in the Autumn of 2024 which will explore the impact of the pandemic in various ways, including on the mental health and wellbeing of the population.
Q&As
It is assumed that the reference to the ‘Hague Convention’ is to the Hague Service Convention, concluded as part of the Hague Conference on Private International Law in 1965 (the Convention). Methods of service under the Convention The first point to note is that where the Convention is applicable, service must be effected in accordance with its provisions, and it is not possible to circumvent this procedure through an order for alternative service from the courts of this country, or by other means (Cecil v Bayat); that this is mandatory in all cases and not merely in the nature of guidance is confirmed by the approach of the High Court in relation to Regulation (EC) 1393/2007, the Service Regulation in Hornan v Baillie. The primary method of service under the Convention is for the serving party to send
PRECEDENTS
Coronavirus (COVID-19): the coronavirus pandemic has caused the UK to expedite new insolvency provisions, both of a temporary and permanent nature. For news and guidance as to the implications from a property perspective see: Coronavirus (COVID-19)—implications for property — Property Insolvency. 1 [insert name of relevant party] [(in [administrative receivership [and also in] ] [liquidation OR administration])] of [insert address] [incorporated in England and Wales with company registration number [insert company registration number]] ([insert party definition eg ‘Seller’’]) acting by [any one of] [ insert one of the following: ] [ [If a receiver:] the [joint] [receiver[s] of the Property], [insert name of [first] receiver] of [insert address] [and [insert name of second receiver] of [insert address]] ([Receiver OR Receivers]) OR [If
PRECEDENTS
LR prescribed lease clauses Coronavirus (COVID-19): the coronavirus pandemic has caused the UK to expedite new insolvency provisions, both of a temporary and permanent nature. For news and guidance as to the implications from a property perspective see: Coronavirus (COVID-19)—implications for property — Property Insolvency. LR3. Parties to this Lease Landlord   [insert landlord’s name, address and registered number] [(in [administrative receivership] [and also in] [liquidation OR administration])] 1 [insert name of landlord] [(in [administrative receivership] [and also in] [liquidation OR administration])] of [insert address] [incorporated in England and Wales with company registration number [insert company registration number]] (Landlord) acting by [any one of] [ insert one of the following: ] [ Lease by receivers: the [joint] [receiver[s] of the Property], [insert name of [first] receiver]
PRECEDENTS
Introduction This schedule forms part of the Company’s Coronavirus (COVID-19) safety policy to which it is attached. It sets out the steps the Company has identified, in light of the coronavirus risk assessment that we have carried out and relevant government guidance, to try to manage the risk of coronavirus to workers and others in the [office], as follows: 1 Shift patterns 1.1 staff are split into teams or shift groups, which will be kept the same during the pandemic; 1.2 direct contact is minimised, eg by using drop-off points for delivery of office supplies and post; 2 If someone has COVID-19 2.1 if you have coronavirus symptoms you must stay at home and order a PCR test. You must not attend the workplace while you are waiting for your test result; 2.2 if you have a positive LFD or PCR test result, you must not attend the workplace for ten days after the date your symptoms started (or, if you do not have symptoms, the date your positive test was taken)[. If you receive two negative LFD test results on consecutive
PRACTICE NOTES
ARCHIVED: This archived Practice Note provides an overview of the issues for an employer to consider when managing the workplace during the coronavirus (COVID-19) pandemic, reflecting the government’s plan for living with COVID-19 and the changes from 1 April 2022, including in relation to self-isolation for those who test positive or have symptoms of coronavirus and close contacts, testing, contact tracing, self-isolation support payments, statutory sick pay (SSP), obligations on workers and employers, and at-risk groups. The Cabinet Office on 21 February 2022 published the government’s COVID-19 Response: Living with COVID-19, which set out the government plan to remove the remaining coronavirus (COVID-19) domestic legal restrictions in England from 24 February 2022. Further changes took effect from 1 April 2022, in particular relating to the removal of free universal testing and advice on self-isolation for those with COVID-19, and the replacement of the BEIS working safely guidance with new public health guidance (see: Timeline for changes below). For more information on the issues arising from the end of the
NEWS
On the Courts and Tribunals Judiciary website, Judge Geraint Walters has shared his reflections on how Swansea Crown Court has adapted during the coronavirus (COVID-19) pandemic. Walters J recounts the early days of the pandemic and the ‘remarkable response’ from Her Majesty’s Courts and Tribunals Service for ensuring that court hearings could be conducted remotely. He also discusses catching up on jury trials and mentions that the new Civic Centre Court will begin hearing jury trials on 17 August 2020.
Q&As
The exercise of an option in a lease to end the term (a ‘break option’) is often subject to conditions. Those conditions must be strictly observed, unless the lease provides otherwise. The date on which the conditions must be complied with may vary, but an obligation to give vacant possession of the premises is usually required to be met on the break date. In order to give vacant possession: • the premises should be free of any legal impediment to possession, such as a subtenancy • the tenant must generally have ceased using the premises for its own purposes (save for any de minimis use), and • the landlord must be able to have immediate and exclusive use and occupation of the premises without any substantial impediment (see Cumberland Consolidated Holdings v Ireland and Legal and General Assurance Society v Expeditors International (UK)) For further details and examples of cases in which the condition
Q&As
The temporary increase in the nil rate band for SDLT applies to transactions with an effective date that falls within the period from 8 July 2020 ending 31 March 2021. This means that the transaction
Q&As
The obligation on the parties under CPR 3.13 is to ‘file and exchange’ budgets by the stated time. The rules use ‘exchange’ here rather than serve. This tends to suggest that the usual rules relating to service found in Part 6 of the CPR do not apply to cost budgets. Some caution should be adopted in relation to this approach, however. For example, in CPR PD 3E, para 7.7, there is reference to ‘re-serving’ a costs budget after budgeted costs have been approved or agreed. In cases such as BMCE Bank International Plc v Phoenix Commodities Pvt Ltd the requirement to ‘exchange’ has been assumed to be a requirement to serve.
Q&As
Following completion of a share purchase transaction, the stock transfer form which effects the transfer of the sale shares from the seller to the buyer will need to be submitted to HMRC for stamping before the transfer can be registered in the target’s register of members, ie stamping will need to take place before legal title to the target’s shares can transfer from the seller to the buyer. Prior to the lockdown measures