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PRACTICE NOTES
ARCHIVED: This Practice Note is archived and is no longer maintained. Coronavirus (COVID-19) Lawyers across the world have been grappling with many common areas of concern in connection with the coronavirus (COVID-19) pandemic. There are a number of areas that are particularly relevant to banking and finance lawyers. For more detail and analysis on these, see Practice Note: Coronavirus (COVID-19) implications for Banking & Finance lawyers, which is updated regularly with news, practical guidance and analysis covering the impact of COVID-19 developments. This Practice Note covers subject areas such as Force Majeure (which differs from how the derivatives Force Majeure provisions apply) and execution of documents as well as setting out the implications for different types of banking and finance lawyers. This Practice Note focuses on the implications for derivatives lawyers and how the COVID-19 pandemic has already affected the derivatives market, as well as how it will cause disruption on the market for the foreseeable future. It also sets out the practical implications and how derivatives practitioners should be responding to the pandemic. Which
PRACTICE NOTES
The rapid global spread of coronavirus (COVID-19) and the steps taken to limit contagion are having a significant impact on the global economy and, consequently, on the financial system. Insurers are exposed on both sides of their balance sheets; on the liability side because of changes to interest rates as well as the potential increase in claims, and on the asset side due to market volatility. Insurers are generally well-capitalised, with sophisticated risk management capabilities which should help the sector as a whole to withstand the shocks associated with coronavirus. Insurance has an essential role to play during a pandemic event, providing protections to individuals, households and businesses. Insurance supervisors have pursued a range of regulatory and supervisory measures to provide operational relief to insurers in the wake of the coronavirus outbreak and to provide appropriate flexibility to help insurers maintain their safety and soundness and deliver the essential services they provide to policyholders and the economy. Authorities have also adopted measures to support fair treatment of customers, including clear disclosure
PRACTICE NOTES
ARCHIVED: This Practice Note is archived and is no longer maintained. Coronavirus (COVID-19) Lawyers across the world have been grappling with many common areas of concern in connection with the coronavirus (COVID-19) pandemic. There are a number of areas that are particularly relevant to banking and finance lawyers. For more detail and analysis on these, see Practice Note: Coronavirus (COVID-19) implications for Banking & Finance lawyers, which is updated regularly with news, practical guidance and analysis covering the impact of COVID-19 developments. This Practice Note focuses on government and regulatory responses to the pandemic from a lending perspective, implications for facility agreements, both from a borrower and lender perspective, and various practical implications in relation to deal execution. We have put together a set of COVID-19 FAQs, which comprise a number of questions that might arise on a lending transaction during the crisis. We add to the list on a regular basis. To access the list, see Practice Note: Coronavirus (COVID-19)—Banking & Finance frequently asked questions [Archived]. Specialist financing transactions This
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. This archived Practice Note introduced the key implications that property practitioners should consider in relation to the coronavirus pandemic, including the protections to assist tenants during this period introduced by the Coronavirus Act 2020 (CA 2020), the compulsory closure of premises and the impact on commercial leases, residential conveyancing, and the real estate finance market. It is not maintained and is for background information only. For guidance on the Commercial Rent (Coronavirus) Act 2022 (CR(C)A 2022), see Practice Note: Rent arrears recovery under the Commercial Rent (Coronavirus) Act 2022 [Archived]. See also Practice Note: Quick guide to landlord’s coronavirus (COVID-19) remedies [Archived]. This archived Practice Note also covered execution issues in property transactions, business rates, the impact on HM Land Registry, the procedure for possession claims, guidance notes that were issued about the operation of the First-tier Tribunal (Property Chamber) (FTT) and the Upper Tribunal (Lands Chamber) (UT) during the coronavirus outbreak, the impact of the Corporate Insolvency and Governance Act 2020 (CIGA 2020)
PRACTICE NOTES
ARCHIVED: This Practice Note is archived and is no longer maintained. Coronavirus (COVID-19) Lawyers across the world have been grappling with many common areas of concern in connection with the coronavirus (COVID-19) pandemic. There are a number of areas that are particularly relevant to banking and finance lawyers. For more detail and analysis on these, see Practice Note: Coronavirus (COVID-19) implications for Banking & Finance lawyers, which includes links to news, practical guidance and analysis covering the impact of COVID-19 developments. This Practice Note sets out the key issues which are relevant to real estate finance during the COVID-19 outbreak. For information on general lending issues arising from the COVID-19 outbreak, see Practice Notes: Coronavirus (COVID-19)—implications for lending transactions and Coronavirus (COVID-19)—Banking & Finance frequently asked questions [Archived]. Impact on real estate finance The impact of COVID-19 on the real estate finance (REF) market has gone to the heart of most transactions, affecting property values, rental cashflow and construction timeframes. Lenders and borrowers will need to review their finance
PRACTICE NOTES
ARCHIVED: This Practice Note is archived and is no longer maintained. This Practice Note discusses the implications of the coronavirus (COVID-19) outbreak for structured products and securitisation transactions and includes practical tips for lawyers working in these areas. For regular updates of news and analysis on the outbreak relevant to structured products and securitisation transactions, see Practice Note: Coronavirus (COVID-19) implications for Banking & Finance lawyers. Coronavirus (COVID-19) Lawyers across the world are currently grappling with many common areas of concern in connection with the coronavirus (COVID-19) pandemic. There are a number of areas that are particularly relevant to banking and finance lawyers. For more detail and analysis on these, see Practice Note: Coronavirus (COVID-19) implications for Banking & Finance lawyers, which is updated regularly with news, practical guidance and analysis covering the impact of COVID-19 developments and covers subject areas such as force majeure in lending transactions and execution of documents as well as setting out the implications for different types of banking and finance lawyers. This
PRACTICE NOTES
ARCHIVED: This Practice Note is archived and is no longer maintained. Coronavirus (COVID-19) Lawyers across the world have been grappling with many common areas of concern in connection with the coronavirus (COVID-19) pandemic. There are number of areas that are particularly relevant to banking and finance lawyers. For more detail and analysis on these, see Practice Note: Coronavirus (COVID-19) implications for Banking & Finance lawyers, which contains news, practical guidance and analysis covering the impact of COVID-19 developments. This Practice Note sets out the key issues which are relevant to trade and commodity finance during the COVID-19 outbreak. For information on general lending issues arising from the COVID-19 outbreak, see Practice Notes: Coronavirus (COVID-19)—implications for lending transactions and Coronavirus (COVID-19)—Banking & Finance frequently asked questions [Archived]. International Chamber of Commerce (ICC) guidance on its rules In April 2020, The ICC issued a guidance paper on the impact of COVID-19 on trade finance transactions issued subject to ICC rules. The guidance paper provides technical guidance to the market on:
PRACTICE NOTES
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
PRACTICE NOTES
UPDATE (22/2/22): As announced by the Prime Minister on 21 February 2022, the Cabinet Office has published the government’s COVID-19 Response: Living with COVID-19, which sets out the government plan to remove the remaining coronavirus (COVID-19) domestic legal restrictions in England from 24 February 2022. For more information, see: LNB News 22/02/2022 8 and News Analysis: Coronavirus (COVID-19)—How should employers respond to the scrapping of self-isolation rules?. For information on the position from 24 February, see Practice Note: Living with coronavirus (COVID-19) in the workplace from 24 February 2022 [Archived]. This Practice Note has been archived and is no longer maintained. This Practice Note has been archived and is no longer maintained. It reflects the position under the COVID-19 Response: Autumn and Winter Plan 2021 and the Cabinet Office guidance on how to stay safe and help prevent the spread before the 24 February 2022 changes. For information on the position from 24 February 2022, see Practice Note: Living with coronavirus (COVID-19) in the workplace from 24 February 2022 [Archived]. This
PRACTICE NOTES
ARCHIVED: This archived Practice Note is not maintained and is for background information only. This Practice Note considers issues for employers when ending furlough or terminating employment during the coronavirus (COVID-19) pandemic. It considers the ways in which an employer may end an employee’s period of furlough under the Coronavirus (COVID-19) Job Retention Scheme (CJRS), whether by returning the employee to work or terminating their employment during or following the end of furlough. The Practice Note also considers redundancy consultation during the pandemic, including during periods of furlough, and issues for employers when the CJRS ended on 30 September 2021. Under the Coronavirus Job Retention Scheme (CJRS) as extended between 1 May and 30 June 2021, an employer can claim 80% of an employee’s usual salary for hours they do not work, up to a maximum of £2,500 per month, in respect of any furloughed employee who was employed on 30 October 2020, as long as certain conditions are met. For claim periods in July 2021, the level of grant will be
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. This tracker is intended to be used to track key developments, legislation, guidance and other sources of interest relating to coronavirus (COVID-19) and judicial review. It is designed to provide an easy reference point for relevant content for lawyers during the COVID-19 outbreak. Practice Directions col style="width: 33%;"> Development Date Find out more Practice Direction 51ZA—Extension of time limits and clarification of Practice Direction 51Y 2 April 2020 New Practice Direction 51ZA—Extension of time limits and clarification of Practice Direction 51Y On 1 April 2020, the Ministry of Justice signed the 118th update—practice directions amendments, which introduces a further coronavirus pandemic related practice direction.Practice Direction 51ZA, concerns extensions of time limits and came into force on 2 April 2020. It also provides clarification of Practice Direction 51Y, which came into force on 25 March 2020.See News Analysis: Coronavirus (COVID–19)—new Practice Direction 51ZA (118th update)—2 April 2020. Practice Direction 51Y—Video or audio hearings during coronavirus pandemic 25 March 2020 New Practice Direction 51Y—Video or audio
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. The government measures to help prevent the spread of coronavirus (COVID-19) have changed significantly during the course of the pandemic from the national lockdown to taking more nuanced action in areas of increased transmission, so keeping track can be difficult for practitioners and their clients. This Practice Note aims to provide a reference point for the various restrictions that were in force in England for licensed premises. For the national restrictions during the initial response to the pandemic, see Practice Note: Impact of coronavirus (COVID-19) on Licensing [Archived]. For the current restrictions in force, see Practice Note: Coronavirus (COVID-19)—keeping up with restrictions for licensed premises in England [Archived]. National restrictions from 5 November to 2 December Due to rapidly rising coronavirus cases across the whole of the UK and in other countries, the Government says we must act now to reduce day-to-day contact with other people to control the spread of the virus, protect the NHS and save lives. As a result,