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The first lockdown was the period of national lockdown regulations from 26 March 2020 to 4 July 2020. The second lockdown was the period of national lockdown regulations from 5 November 2020 to 2 December 2020. The third lockdown began on 6 January 2021 and is expected to last until 8 March 2021 at the earliest. There are several key regulatory differences from the first lockdown in England to subsequent lockdown restrictions including: • more businesses are now able to operate including construction, dentistry, waste recycling
Q&As
On 17 March 2020, the government published guidance about the emergency coronavirus legislation to tackle the urgent issues that are arising as a result of coronavirus (COVID-19). One of the five key areas covered by the Coronavirus Bill is managing a death of a person with respect and dignity. The legislation will be limited in its application to a two year period and not all provisions will apply immediately. The legislation will include modifications to the current rules and regulations regarding the registration of a death and will take account of the fact that some families may be self-isolating or otherwise house-bound due to coronavirus, as well as the potential impact of the pandemic in terms of the capacity for registration and other arrangements to be made within the usual timeframe. The Coronavirus Bill 2019–21 was introduced in parliament on 19 March 2020 and the relevant provisions relating to registration of deaths and issues relating
Q&As
The practical implications of being house-bound for a personal representative (PR) will largely depend on the types of assets in the estate and what stage the administration has reached. Immediate steps following a death The immediate steps following a death are difficult in any circumstances but where the deceased’s family are house-bound due to coronavirus (COVID-19), there are additional complications, not least trying to obtain the medical certificate of death, registering the death with the registrar and arranging the funeral. Special measures to cover these scenarios, including expanding the list of people able to register a death, are contained in the Coronavirus Bill. See What the Coronavirus Bill will do and Coronavirus Bill — Managing the deceased, as well as LNB News 20/03/2020 58. See also Q&A: Coronavirus (COVID-19)—What happens when the family of a deceased person are unable to register the death and make funeral arrangements due to being house-bound? For a non-family member PR who is house-bound,
PRACTICE NOTES
ARCHIVED: This Practice Note considers the impact of the coronavirus (COVID-19) pandemic on Wills and provides answers or guidance on some of the main issues arising for practitioners. The latest guidance and updates are contained in this Practice Note. The areas and Q&As covered in this Practice Note are: • Will execution ◦ What formal requirements for a valid Will may cause particular difficulty during the coronavirus (COVID-19) pandemic and are there any alternatives? ◦ Are there any discussions or consultations around suspending the formal requirements for a valid Will (in particular, the requirement to have two witnesses) during the coronavirus (COVID-19) pandemic? This includes information about the Wills Act 1837 (Electronic Communications) (Amendment) (Coronavirus) Order 2020 which ensures that Wills witnessed virtually using video technology will be considered valid. • Will drafting ◦ I am inundated with clients who want new Wills due to the coronavirus (COVID-19) situation, but have no childcare. Could I be a key worker? For guidance on other matters affecting Private Client practitioners
PRACTICE NOTES
ARCHIVED: This Practice Note covers the first instance decision of The Financial Conduct Authority v Arch Insurance. It has been archived and it is not maintained. For information concerning coronavirus (COVID-19) and business interruption insurance, including consideration of The Financial Conduct Authority v Arch Insurance, see Practice Note: Coronavirus (COVID-19)—FCA non-damage business interruption insurance test case [Archived]. STOP PRESS: The decision of The Financial Conduct Authority v Arch Insurance, was handed down on 15 January 2021. See: LNB News 15/01/2021 107. Business interruption insurance has typically been sold as an extension to commercial property policies. Most business interruption cover requires that any such losses result from damage to insured property. There is, however, no standard form of business interruption insurance and some insurers offered policies with additional triggers for business interruption cover, such as denial of access or closure by a public authority. Many businesses have sought to claim under their business interruption insurance for coronavirus (COVID-19) losses but few have been indemnified. Aggrieved policyholders were vocal and the mainstream
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 archived tracker was focused on children’s social care and was intended to be used to track key developments, legislation, guidance, parliamentary briefing notes and other sources of interest relating to coronavirus (COVID-19) and children’s social care up to 18 July 2021, where relevant to local government lawyers. It was designed to provide an easy reference point for relevant content for lawyers working in or with local authorities during the coronavirus. See Practice Note: Coronavirus (COVID-19)—local government tracker up to 18 July 2021 [Archived]. For developments post 18 July 2021, see Practice Note: Coronavirus (COVID-19)—local government tracker—post July 2021. Primary legislation Development When in force Find out more Coronavirus Act 2020 (CA 2020)• CA 2020, ss 14, 15 • CA 2020, Sch 12 31 March 2020 Regulations relaxing children’s social care duties Emergency regulations so that local authorities in England do not have to comply with certain duties in relation to meeting needs, and carrying out assessments, under the Care Act 2014 (CA 2014), and to modify duties to meet needs under
PRACTICE NOTES
September 2021 Date Event 30 September 2021 Temporary restrictions on winding-up petitions and statutory demands expire and are replaced by new measures from 1 October 2021 (see below).See Practice Note: Corporate Insolvency and Governance Act 2020—temporary changes to corporate statutory demands and winding-up petitions [Archived], Corporate Insolvency and Governance Act 2020 (Coronavirus) (Extension of Relevant Period) (No. 2) Regulations, SI 2021/718 and Corporate Insolvency and Governance Act 2020 (Coronavirus) (Amendment of Schedule 10) (No. 2) Regulations 2021, SI 2021/1091. 30 September 2021 The relaxation of eligibility criteria for companies applying for a moratorium expires (Corporate Insolvency and Governance Act 2020 (Coronavirus) (Extension of the Relevant Period) Regulations 2021, SI 2021/375). 30 September 2021 Coronavirus Job Retention Scheme ends.See Practice Note: Coronavirus Job Retention Scheme (extended version 1 May to 30 September 2021) [Archived]. 30 September 2021 The Temporary Insolvency Practice Direction supporting the Insolvency Practice Direction (TIPD) expires and is replaced by the MIPD 2021.See: TIPD and Practice Notes: The Temporary Insolvency Practice Direction Supporting the Insolvency
Q&As
The Coronavirus (COVID-19) Job Retention Scheme (CJRS) is a temporary scheme in place for three months starting from 1 March 2020, but it may be extended if necessary and employers can use this scheme anytime during this period (see Practice Note: Coronavirus Job Retention Scheme (original version to 30 June 2020) [Archived] and also the official guidance for employers and guidance for employees. Office holders can be furloughed and receive support through the CJRS. The furlough, and any ongoing payment during furlough, will need to be agreed between the office holder and the party who operates PAYE on the income they receive for holding their office. Where the office holder is a company director or member of a limited liability partnership (LLP), the furlough arrangements should be adopted formally as a decision of the company or LLP. Company directors As office holders, salaried company directors are eligible to be furloughed and receive support through the CJRS. Company directors owe duties to their
CHECKLISTS
ARCHIVED: This Checklist has been archived and is not maintained. This Checklist sets out key contractual provisions that parties should particularly consider when drafting and negotiating contractual provisions in TMT agreements given the coronavirus (COVID-19) pandemic and its effects. The direct and indirect impacts of coronavirus may include: • restrictions on travel, physical meetings or working on business premises arising as a result of health concerns or government interventions • unavailability of key staff (eg due to illness of those individuals or their family or due to travel restrictions) • the need to work outside of ‘business as usual’ patterns and based on contingency plans • fluctuations in demand for specific goods or services, which may in turn have implications for the creditworthiness of the parties or their requirements • the general economic effects of the pandemic, which may have implications for the creditworthiness of the parties • cost fluctuations as a result of the impact of the pandemic on supply chains (eg inflationary or deflationary impacts on prices) • potentially increased risk of supplier or customer
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. This tracker was used to track key developments, legislation, guidance and briefing notes relating to the response to coronavirus (COVID-19) in 2020, focusing on updates relevant to education. It is designed to provide a historical record of the legislation and guidance in place and used during that period. For a navigational list of all local government coronavirus trackers, see: Coronavirus (COVID-19)—local government tracker up to 18 July 2021 [Archived]. Primary Legislation Development When in force Find out more Coronavirus Act 2020 (CA 2020)• CA 2020, ss 37–38 (schools, childcare providers etc) • CA 2020, Sch 16 Pt 1 (temporary closure of educational institutions and childcare premises 25 March 2020 Emergency measures in place and relaxation of education duties to respond to the COVID-19 pandemic This Act is made to enable the government to respond to an emergency situation and manage the effects of a coronavirus pandemic. A severe pandemic could infect up to 80% of the population leading to a reduced workforce,
PRACTICE NOTES
This tracker was focused on education and was intended to be used to track key developments, legislation, guidance, parliamentary briefing notes and other sources of interest relating to coronavirus (COVID-19) and education, where relevant to local government lawyers. It was designed to provide an easy reference point for relevant content for education lawyers working in or with local authorities during the coronavirus outbreak up to 18 July 2021. For a navigational list of all archived local government coronavirus trackers, see: Coronavirus (COVID-19)—local government tracker up to 18 July 2021 [Archived]. For the most recent developments post ‘freedom day’ see Practice Note: Coronavirus (COVID-19)—local government tracker—post July 2021. Primary Legislation Development When in force Find out more Coronavirus Act 2020 (CA 2020)• CA 2020, ss 37–38 (schools, childcare providers etc) • CA 2020, Sch 16 Pt 1 (temporary closure of educational institutions and childcare premises 25 March 2020 Emergency measures in place and relaxation of education duties to respond to the COVID-19 pandemic This Act is made to enable the government to respond to an emergency