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PRACTICE NOTES
ARCHIVED: This Practice Note was archived and is not maintained. Unlike conventional perils such as fire or flood, an outbreak of a virus cannot so easily be located at a particular place and time. The 2020 coronavirus (COVID-19) outbreak and consequent government action therefore presented insurers with a novel loss scenario, in relation to which the factual complexities arising were compounded by a lack of clear judicial authority on some of the key issues that the scenario posed in the context of business interruption claims, including: • the proper construction of composite insured perils in non-damage business interruption polices (ie, the so-called ‘disease’, ‘prevention of access’ and ‘hybrid’ clauses) • the correct approach to causation in the context of so-called ‘wide-area’ perils, which are apt to result in damage not only to the insured property but also to the surrounding area • identification of the proximate cause of a loss where there is a multitude of competing causes, some of which are insured and some of which are
NEWS
HM Courts & Tribunals Service (HMCTS) has published a blog post, written by Mark Stewart, on how local court initiatives have made a difference to the courts recovery after the coronavirus (COVID-19) pandemic. Stewart discusses how the HMCTS staff worked with others to increase court capacity, the modifications made to cases with multiple defendants, how fraud cases were dealt with throughout the pandemic, how access to justice was improved and the creative ways found to increase Crown Court work. Steward concluded with praising the commitment, creativity and determination of HMCTS staff.
PRACTICE NOTES
ARCHIVED: This archived Practice Note provides pdf versions of the various Health and Safety Executive (HSE) coronavirus (COVID-19) working safely advice, as it was last published on 31 March 2022. The HSE working safely advice was deleted from 1 April 2022, and the HSE coronavirus-related advice now consists of a single page: Coronavirus (COVID-19)—Advice for workplaces. This reflects that COVID-19 restrictions have been replaced by public health advice and links to general guidance on: • ventilation in the workplace, and • infections at work For those advising on pending and
NEWS
The Institute for Government (IfG) has published a report summarising the outcome of roundtable talks it held with several participants on coronavirus (COVID-19). The roundtables were held to discuss the future of coronavirus, which included discussion about rapid antigenic evolution and how to avoid worst case scenarios moving forward. The report also considers the policy implications of the virus, such as policymakers coming to terms with a ‘new normal’ and the need for a significant increase in global vaccine sharing.
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note addresses some of the key issues for international private client practice arising out of the coronavirus (COVID-19) pandemic Will days that an individual is forced to spend in the UK because of travel restrictions fall within the ‘exceptional circumstances’ exception under the statutory residence test? The number of days spent in the UK is a fundamental element of the statutory residence test (SRT) introduced by Finance Act 2013 from 6 April 2013. It applies to: • all three automatic overseas tests • the first automatic UK tests • determining how many ties are sufficient to determine residence (the sufficient ties test) • the 90-day tie • the country tie, and • split year treatment Days spent in the UK under the basic rule will be disregarded if an individual is detained in the UK through circumstances beyond their control. This may include, for example: • sudden or life-threatening illness or injury, or • war and civil unrest or natural disasters HMRC
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. Links to news reports providing full information on the relevant legislation are included where appropriate. Coronavirus (COVID-19)-related legislation of relevance to employment practitioners For a general Coronavirus (COVID–19) related legislation tracker, see Practice Note: Coronavirus (COVID-19)—legislation tracker [Archived]. Commencement date (unless otherwise indicated) Legislative change 30 November 2024 Coronavirus: Temporary Justice Measures (Scotland) The Coronavirus (Recovery and Reform) (Scotland) Act 2022 (Extension and Expiry of Temporary Justice Measures) Regulations 2024, SSI 2024/322, extend for an additional 12 months certain temporary justice measures in the Coronavirus (Recovery and Reform) (Scotland) Act 2022 in place in Scotland, moving the expiry date from 30 November 2024 under SSI 2024/360 (see below) to 30 November 2025, see LNB News 07/11/2024 16. 20 September 2024 Coronavirus: Remote hearings (Northern Ireland)The Coronavirus Act 2020 (Extension of Provisions Relating to Live Links for Courts and Tribunals) (No 2) Order (Northern Ireland) 2024, NISR 2024/173, extends to 24 March 2025 the operation of the provisions in the Coronavirus
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. This archived tracker was used to track the key developments, legislation, guidance and briefing notes relating to the response to coronavirus (COVID-19), focusing on updates relevant to local government between December 2021 and February 2023. For coronavirus–related local government tracker developments prior to December 2021, see Practice Note: Coronavirus (COVID-19)—local government tracker—July–November 2021 [Archived]. Legislation The Coronavirus (COVID-19)—legislation tracker [Archived] tracks domestic legislation introduced as part of the UK government’s response to the coronavirus pandemic. It includes a coronavirus SI database collating details of relevant draft and made SI’s laid before Parliament. February 2023—England Development Date Find out more The UK COVID-19 Inquiry published the recording for the second Preliminary Hearing into Module 1 of the UK COVID-19 Inquiry, which was held remotely, via its YouTube page. 15 February 2023 UK Covid-19 Inquiry publishes second Module 1 Preliminary Hearing The UK COVID-19 Inquiry has published the recording for the second Preliminary Hearing into Module 1 of the UK COVID-19 Inquiry, which was held remotely,
NEWS
The Courts and Tribunals Judiciary has published the speech of the Deputy Head of International Family Justice for England and Wales, MacDonald J, on the remote family access family court. MacDonald J discussed what the family court has learnt so far in its implementation of remote hearings and detailed the benefits and difficulties the court encountered in endeavouring to create a remote access family court as a means of mitigating the impact of the coronavirus (COVID-19) public health emergency.
NEWS
The Ministry of Justice (MoJ) has announced the opening of two additional nightingale courts, located in Bristol and Chester respectively, with a further three nightingale courts to open by the end of October 2020. Additionally, portable jury rooms have been erected in Bradford, Hull and Leeds Crown Courts which will facilitate jury trials to be heard across eight courtrooms. The aim of these courts is to boost capacity and accelerate individuals’ access to justice while adhering to the coronavirus (COVID-19) rules and restrictions.
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note provides an overview of the ongoing impact in Scotland of the Coronavirus (COVID–19) pandemic on the following practice areas: • Corporate Crime • Dispute Resolution • Private client • Property • Restructuring & Insolvency Key legislation applicable in Scotland The Coronavirus (Scotland) Act 2020 and the Coronavirus (Scotland) (No 2) Act 2020 (the Scottish Coronavirus Acts) introduced certain temporary provisions to help manage the coronavirus pandemic. The Coronavirus (Extension and Expiry) (Scotland) Act 2021 expired certain provisions in the Scottish Coronavirus Acts that were no longer required and extended other provisions that were still required until the end of March 2022. The Coronavirus (Scotland) Acts (Amendment of Expiry Dates) Regulations 2022, SSI 2022/113 subsequently amended the Scottish Coronavirus Acts so that Part 1 of each Act expired at the end of 30 September 2022. In addition to the Scottish Coronavirus Acts, certain temporary measures were introduced by the Coronavirus Act 2020—see section 100 for the provisions that applied to Scotland. The relevant
NEWS
Restructuring & Insolvency analysis: We look at what steps Japan has taken in light of the coronavirus (COVI-19) pandemic. Written by Yosuke Kanegae, a restructuring partner in the Tokyo Office of Nagashima Ohno & Tsunematsu and author of the Japan chapter in the Asian Business Law Institute (ABLI)’s publication, Corporate Restructuring and Insolvency in Asia 2020.
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note tracks the developments and updates on coronavirus (COVID-19) that relate to the life sciences sector in the UK. For coronavirus developments of interest to the life sciences sector in the EU, including those which may have applied to the UK until the end of the Brexit transition period, and internationally, see Practice Note: Coronavirus (COVID-19)—EU life sciences tracker [Archived]. Jump to • Research and development of medicines and vaccines • IP waiver • Clinical trials • Regulation of medical devices • Regulation of vaccines, medicinal products and blood • Post-authorisation vigilance of medicines and vaccines • Supply of vaccines, medicines and medical products • Actions on falsified and unlicensed medicines, off-label use of medical devices • mHealth and data protection For a discussion on: • the impact of the coronavirus pandemic on the UK and EU regulatory frameworks, see Practice Note: Coronavirus (COVID-19)—regulatory implications for the UK and European life sciences industry [Archived] • what life sciences companies