ARCHIVED: This Practice Note has been archived and is not maintained. Introduction We are facing a new life-threatening virus, rapidly spreading on a global scale, for which there is currently no effective treatment or vaccine. Thankfully, this crisis has been met by an explosion of innovation and new product development, supported by incredible generosity from pharmaceutical and medical device companies that are pooling their resources, making accessible their relevant intellectual property (IP) and supplying products for free or at cost. While the unprecedented sharing of IP is highly commendable to combat the pandemic, companies should be mindful of the manner in which their IP is protected and shared to avoid potentially adverse consequences to their IP rights and sustainable product development in the longer term. Companies will also need to be aware that some governments are considering extreme measures such as the use of compulsory licensing to allow third parties to use new technologies while avoiding patent infringement. This is

When addressing this question, it will be relevant to consider: • current public health guidance • the nature of the duty to make reasonable adjustments • what adjustments are required • the question of furlough as a reasonable adjustment Public health guidance for clinically extremely vulnerable individuals to shield during the coronavirus pandemic Under the national lockdown restrictions that apply in England from 5 November–2 December 2020, individuals who have been identified as clinically extremely vulnerable have been strongly advised to shield, ie: • to work from home, and • if they cannot work from home, not to attend work while the lockdown restrictions are in place Those who cannot work from home may, subject to eligibility, be able to claim Statutory

This Practice Note considers force majeure as it applies in English law and the circumstances in which a force majeure event may cause a contract to come to an end, including burden of proof, interpretation of force majeure clauses (operative verb), procedural requirements and challenging the validity of a force majeure clause. See also Practice Notes: • Force majeure clause analysis—a practical guide • Force majeure—key and illustrative decisions For assistance when giving notice of a force majeure event, see Precedent: Force majeure notice. Force majeure clauses were thrust under the microscope in light of ‘world events’, such as the coronavirus (COVID-19) pandemic in 2020 and Russia’s invasion of Ukraine in 2022. The 2026 Middle East conflict will likely give rise to more disputes involving force majeure issues, on which see: Force majeure and world events below. Force majeure—meaning and nature The key features of force majeure are: • a 'force majeure clause' is a contractual term providing for one (or both) parties to be excused from performance on the happening of a specified event

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.

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

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

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

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

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

CASE HUB NOTE—appeal lodged before the Court of Justice in Case C- 441/21 ARCHIVED—this archived case hub reflects the position at the date of the judgments of 19 May 2021; it is no longer maintained. See further, timeline, commentary and relevant/related cases Case facts Outline Cases T- 465/20 Ryanair v Commission, T- 628/20 Ryanair v Commission and T- 642/20 Ryanair v Commission—actions for annulment before the General Court of the European Commission’s decisions of 10 June 2020, 13 July 2020 and 31 July 2020 approving three State aid measures in Portugal, the Netherlands and Spain respectively to support airlines in the context of the Covid-19 pandemic (Cases SA.57369, SA.57659 and SA.57116). Latest developments On 19 May 2021, the General Court issued three judgments in which it: (i) upheld and annulled the Commission’s decisions regarding support measures granted by Portugal to the airline TAP and a Dutch liquidity scheme to support the airline KLM for lack of reasoning. However, in

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]

This week's edition of Corporate Crime weekly highlights includes news analysis of the top white collar crime cases to watch for the rest of 2024, of the key takeaways from the proposed EU anticorruption directive and of the Serious Fraud Office's (SFO’s) expected role to play with the pandemic corruption czar in recouping billions of pounds’ worth of suspected fraud linked to the pandemic. Also included is news that the National Crime Agency (NCA) secured the first UK forfeiture of sanctioned funds, of the Competition and Markets Authority’s (CMA’s) consultation on direct consumer enforcement guidance and rules under the Digital Markets, Competition and Consumers Act 2024 and the latest prosecutions news from the SFO. All this, and more, in this week’s Corporate Crime highlights.