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PRACTICE NOTES
UPDATE (29/3/21): The Cabinet Office published on 29 March 2021 new guidance on what you can and cannot do, which sets out the changes that took place in England on that date. The Cabinet Office: National lockdown: Stay at Home guidance has been taken down. See: LNB News 29/03/2021 43. This Practice Note will be updated shortly to reflect these changes. UPDATE (29/3/21): The Department of Health and Social Care announced on 28 March 2021 that, as part of its free workplace coronavirus (COVID-19) testing programme, employers will have the opportunity to offer rapid home testing to their employees. Further information on the employer testing duty can be found here. See: LNB News 29/03/2021 34. This Practice Note will be updated shortly to reflect these changes. UPDATE (23/3/21): The Department of Health and Social Care announced on 22 March 2021 the publication of a new set of regulations, the Health Protection (Coronavirus, Restrictions) (Steps) (England) Regulations 2021, SI 2021/364, which set out the steps
PRACTICE NOTES
This archived tracker 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 public procurement up until so called ‘freedom day’ on 18 July 2021 when most legal restrictions ended. It is designed to provide an easy reference point for relevant content for lawyers working on public procurement during the coronavirus outbreak. It has been archived and is no longer maintained. For related guidance and further reading, see: Practice Note: Coronavirus (COVID-19)—local government tracker—post July 2021. Procurement policy notes Development Date Find out more Welsh Procurement Policy Note 01/21: Sourcing steel in major construction and infrastructure projects in Wales (WPPN 01/21) 8 March 2021 Welsh Procurement Policy Note sets out actions for contracting authorities sourcing steel The Welsh Government issued Welsh Procurement Policy Note 01/21: Sourcing steel in major construction and infrastructure projects in Wales (WPPN 01/21). Replacing previous guidance published in January 2018, WPPN 01/21 reminds in-scope contracting authorities how to use the procurement lifecycle to identify any opportunity
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. Coronavirus (COVID-19) presents an unprecedented challenge to the global life sciences industry. The UK and EU regulators are working to provide continually reviewed up-to-date guidance in response to the evolving crisis, as well as to support research and development (R&D) that they hope will contain the impact of the spread. This Practice Note provides guidance as to the response of UK and EU regulators in the areas of clinical trials, inspections and the continuity of supply in medicinal products and medical devices, as well as the postponement of the implementation of Regulation (EU) 2017/745 (consolidated version 24.04.2020), the Medical Devices Regulation (MDR). It also summarises key R&D initiatives at a UK and EU level and European Commission guidance on the collection and transfusion of convalescent COVID-19 plasma. For a summary of developments and updates on coronavirus that relate to the life sciences sector,
PRACTICE NOTES
The coronavirus (COVID-19) pandemic has had a major impact on the insurance market and on policyholders. The Financial Conduct Authority’s (FCA) high profile test case (The Financial Conduct Authority v Arch Insurance) in relation to coronavirus business interruption insurance coverage has addressed some of the issues impeding settlement of direct business interruption claims, but significant issues in relation to business interruption losses remain unresolved. Numerous other classes of insurance impacted by coronavirus are also producing substantial losses for insurers. 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 coronavirus reinsurance claims and the extent to which coronavirus insurance losses will remain with direct insurers. This Practice Note considers some of the issues facing cedants (the reinsured) and reinsurers as a result of the coronavirus pandemic. For guidance in relation to the
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)
CHECKLISTS
ARCHIVED: This Checklist has been archived and is not maintained. This Checklist was written with a view to examining some of the key areas of service level agreements and supplier performance that a customer should consider reviewing in light of the impact of coronavirus (COVID-19). It offers considerations for possible review and revision of policies, processes and contractual provisions in light of the pandemic. It may be of ongoing use to customers in case of The third column can be used to record observations or comments as the Checklist is worked through. The Checklist does not consider the handling of disputes arising as a result of performance issues. For more general information and resources in relation to coronavirus, including the implications for dispute resolution, see: • Practice Note: Coronavirus (COVID-19) and TMT • Practice Note: Drafting for unforeseen events—commercial contracts • Coronavirus (COVID-19)—drafting TMT agreements—checklist [Archived] Checklist Further information Notes (if any) Review service provision ☐ Have any areas of weakness been exposed? For example, any failings in remote
PRACTICE NOTES
The coronavirus (COVID-19) pandemic is an unforeseen global event that has had significant ramifications for society and the economy. Family practitioners are once again debating, as they did in the wake of the 2007-2008 global financial crisis, whether an event of such magnitude is likely to constitute a ‘Barder event’ in financial remedy proceedings before the courts of England and Wales. This Practice Note re-examines that question at this turbulent and unprecedented juncture. It also considers alternative mechanisms for revisiting financial orders, the Re Barrell and Thwaite jurisdictions, as well as the civil law concept of frustration. Barder applications If after a full hearing an aggrieved party complains that the judge fell into error, the appropriate avenue for challenging the order is by way of appeal. If, however, the complaint is not that the judge fell into error but rather relates to an unforeseen event or events that have occurred since the order was made, which fundamentally changes a central aspect of that order, then a so-called
NEWS
Inner London Crown Court has sentenced Mohammed Khan, aged 20, from Camden, London, to seven months in prison for sending coronavirus (COVID-19) scam text messages. The messages sent by Khan included a link to a 'form on a fake webpage imitating official government websites, with the aim of tricking customers into giving away their personal and account details that could later be used to commit fraud​'. Khan plead guilty to one count of fraud by false representation and one count possession of articles for use in fraud, following a successful investigation by the Dedicated Card and Payment Crime Unit.
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 Cabinet Office COVID-19 Response: Autumn and Winter Plan 2021 and 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]. For
PRACTICE NOTES
This tracker was focused on social care and was intended to be used to track key developments, legislation, guidance, parliamentary briefing notes and other sources of interest relating to COVID-19 and social care, where relevant to local government lawyers. It is designed to provide an easy reference point for relevant content for lawyers working in or with local authorities during the COVID-19 pandemic up until the so called ‘freedom day’ 18 July which saw the end of most formal legal restrictions.. For a navigational list of all archived local government COVID-19 trackers, see: Coronavirus (COVID-19)—local government tracker up to 18 July 2021 [Archived]. For details of current COVID-19 guidance, see Practice Note: Coronavirus (COVID-19)—local government tracker—post July 2021. Primary legislation Development When in force Find out more Coronavirus Act 2020, s 15 (and Sch 12) Brought into force by provisions below Impact of the Coronavirus Act 2020 on social care provision and social care easements Siân Davies and Rosie Scott, barristers at 39 Essex Chambers, discuss the impact of the Coronavirus Act 2020 on social care
PRACTICE NOTES
This tracker was intended to be used to track key developments, legislation, guidance, parliamentary briefing notes and other sources of interest relating to social housing provision during the coronavirus (COVID-19) pandemic up until so called ‘freedom day’ 18 July 2021. For recent guidance, see Practice Notes: Coronavirus (COVID-19)—local government tracker—post July 2021 and Coronavirus (COVID-19)—implications for property [Archived]. Primary legislation Development When in force Find out more Coronavirus Act 2020 (CA 2020)• CA 2020, s 81 (residential tenancies in England and Wales: protection from eviction) • CA 2020, Sch 29 (residential tenancies in England and Wales: protection from eviction) Came into force on the day on which CA 2020 was passed (25 March 2020) Analysis of the impact of Coronavirus Act 2020 on housing possessions and local authorities Sarah Cummings, senior associate, and Giles Peaker, partner, at Anthony Gold Solicitors analyse CA 2020 in respect of housing possessions, its likely impact on landlords and tenants, and suggest what Property Disputes practitioners should pay attention to when advising clients.See News Analysis: Housing possessions
PRACTICE NOTES
ARCHIVED: This Practice Note was archived in April 2022 and is not maintained. Up to date information on the financial support given by the government during the COVID-19 pandemic can be found on the British Business Bank website. Scope This Practice Note, produced in partnership with James Collis and John Alderton of Squire Patton Boggs LLP, summarises the various schemes and support measures introduced by the UK government to assist businesses in their response to the COVID-19 pandemic. It may be easier to read this Practice Note by downloading a copy using the button on the top left and changing the page layout to landscape. Financing Facility Support What help is available? What does the help entail? Which companies are eligible? What are the criteria (if any) for applying? How to apply Availability? Recovery Loan Scheme (RLS) • This replaced the previous coronavirus (COVID-19) loan schemes when they closed• The loans are available through a network of accredited lenders• Ensures businesses of any size can continue