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PRACTICE NOTES
Introduction Where a company: • listed on the Official List of the Financial Conduct Authority and admitted to trading on the main market for listed securities of the London Stock Exchange (LSE) (Main Market) (listed company), or • admitted to trading on AIM, a market operated by the LSE (AIM company) (together a listed company and an AIM company being a company) wishes to raise capital, eg for working capital purposes, to fund a specific acquisition, future acquisitions or organic growth, or to reduce existing borrowings, it may use either equity financing (by way of a further issue of shares) or debt financing (a bank loan or issue of debt securities) or a combination of both. There are a number of factors which will need to be considered when a company is deciding which route to take to raise capital, including: • how much is to be raised and for what purpose • cost: the cost of debt is largely determined by the interest rate at which a company can borrow (which
NEWS
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.
PRACTICE NOTES
The coronavirus (COVID-19) pandemic has had a major impact on the insurance market and on policyholders. Many of these losses have been reinsured, as have losses emanating from foreign jurisdictions. Complex questions arise in relation to the reinsurance of these losses that remain to be resolved at the reinsurance level. The answers to these questions will determine which reinsurers will bear the ultimate cost of paying COVID-19 reinsurance claims and the extent to which COVID-19 insurance losses will remain with direct insurers. While the limitation period for many COVID-19 insurance claims expired in March 2026, claims are still proceeding in the English Courts, and there will of course have been settlements entered into in relation to claims not before the courts. Reinsurance policies therefore continue to be impacted by COVID-19 losses. This Practice Note considers some of the issues facing cedants (the reinsured) and reinsurers as a result of the COVID-19 pandemic. COVID-19 led to increased rates and the widespread use of pandemic exclusions on renewal. Reinsured policies issued before the pandemic may, however,
PRACTICE NOTES
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
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 [factory], as follows: 1 Shift patterns and working groups 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 or transfer zones for passing on job information, spare parts, samples, raw materials; 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
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
PRACTICE NOTES
ARCHIVED: This Practice Note explains the effect of the Wills Act 1837 (Electronic Communications) (Amendment) (Coronavirus) Order 2020 (the WA 1837 Amendment Order), SI 2020/952 and the Wills Act 1837 (Electronic Communications) (Amendment) Order 2022, SI 2022/18 which amend section 9 of the Wills Act 1837 (WA 1837) so as to expressly permit the remote witnessing of Wills during the coronavirus (COVID-19) pandemic. Background to the changes WA 1837, s 9 as in force immediately prior to the WA 1837 Amendment Order, SI 2020/952 provided as follows (emphasis added): ‘Section 9 – Signing and attestation of wills No will shall be valid unless – (a) it is in writing and signed by the testator or by some other person in his presence and by his direction; and (b) it appears that the testator intended by his signature to give effect to the will; and (c) the signature is made or acknowledged by the testator in the presence of two or more witnesses present at the same time; and (d) each witness either- (i)
Q&As
This response deals with the position before the introduction of the new national restrictions from 5 November. The Health Protection (Coronavirus, Wearing of Face Covering in a Relevant Place) (England) Regulations 2020, SI 2020/791, reg 3(1), provides that ‘No person may, without reasonable excuse, enter or remain within a relevant place without wearing a face covering’. In the context of employment, the requirement in SI 2020/791, reg 3(1) does not generally apply to employees or workers (SI 2020/791, reg 3(2)), however it does apply
Q&As
In what circumstances can an application be made? A charge created by a company must be registered at Companies House. Significant consequences flow from a failure so to register. The requisite forms to effect the registration must be delivered to Companies House by the end of the period of 21 days beginning with the day after the creation of the charge. If the documents are delivered after that date, the Registrar will only register the charge if the documents are accompanied by a court order made following an application under section 859F of the Companies Act 2006 (CA 2006). CA 2006, s 859F is a provision which allows the 21-day period to be extended by application to court. Although the wording of CA 2006, s 859F(3) appears prospective in its nature, in practice, particularly given the test to be applied in CA 2006, s 859F(2),
NEWS
HM Land Registry (HMLR) has updated Practice Guide 8—Execution of deeds. Section 7 has been revised as temporary guidance for local authorities that was introduced during the coronavirus (COVID-19) pandemic, has now been made permanent.
NEWS
The European Medicines Agency (EMA) has published an infosheet following its meeting on 11 November 2024, updating its Antimicrobial resistance (AMR) website. EMA has characterised AMR as a 'growing silent pandemic' that demands immediate and decisive action.
PRACTICE NOTES
It has become increasingly common in international arbitration for some aspects of the procedure to be conducted remotely, with some or all participants attending by video or telephone. Prior to the coronavirus (COVID-19) pandemic, parties and arbitrators would often agree to conduct some aspects of a case remotely for a variety of reasons, including convenience, cost savings or other efficiencies, or out of necessity (when, for example, a witness was unable to attend a hearing in person). Remote hearings by telephone or video-conference also are used in emergency arbitrator proceedings and in cases proceeding under expedited procedures rules. During the pandemic, many arbitrations proceeded with fully remote hearings, where most or all participants are located physically in different locations. This Practice Note is intended to provide guidance on the conduct of remote hearings in international arbitration. It describes: • remote hearing options • potential benefits of remote hearings, as well as potential concerns • legal issues that may arise in connection with remote hearings, and • practical issues to be addressed in