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NEWS
Law360, London: A man who pretended he was forced to cancel 14 holidays because of coronavirus (COVID-19) restrictions so he could claim more than £61,000 in insurance payouts has been sentenced at a London court to two years in prison, suspended for 18 months.
Q&As
For general information on issues relating to the right to holiday and holiday pay during the Coronavirus (COVID-19) pandemic, see Practice Note: Coronavirus (COVID-19)—holiday and holiday pay [Archived]. The calculation of holiday pay under the Working Time Regulations 1998 (WTR 1998), SI 1998/1833 has remained unchanged during the coronavirus pandemic; the amendments set out in the Employment Rights Act 1996 (Coronavirus, Calculation of a Week’s Pay) Regulations 2020 (Week’s Pay Amendments Regs 2020), SI 2020/814 do not apply in respect of calculation of holiday pay. Under the WTR 1998, SI 1998/1833, reg 16, during any period of statutory holiday a worker is entitled to be paid at the rate of a ‘week’s pay’ for each week of holiday, calculated in accordance with sections 221–224 of the Employment Rights Act 1996 (ERA 1996) (with certain modifications). Different methods
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. Last updated 30 June 2020. Scope of this tracker The table in this document looks at secondary issues by listed and AIM companies raising at least £10m between 25 March 2020 and 30 June 2020 and the effect of the coronavirus (COVID-19) crisis on equity fundraisings. In particular, it looks at the structure and size of the fundraising including whether companies have made use of the Pre-Emption Group’s (PEG) temporary relaxation of the recommended limit on the size of non-pre-emptive offers which has been increased to up to 20% of issued share capital from 1 April 2020. Announcements relating to secondary issues The following table tracks announcements relating to secondary issues by listed and AIM companies made between 25 March 2020 and 30 June 2020 where at least £10m was being raised in the fundraising. The tracker covers placings, offers for subscription, rights issues and open offers. Company Market Announcement date Structure and size of fundraising, % of issued share capital (ISC) and discount
Q&As
What are the key features of the Coronavirus Business Interruption Loan Scheme? The government has announced a number of measures to assist businesses through the coronavirus (COVID-19) crisis—the details of these are available here, and include financial help for specific types of businesses likely to be particularly badly affected, as well as providing assistance with payments of tax, salaries and sick pay. The Coronavirus Business Interruption Loan Scheme (CBILS) is one of the government’s key measures to support business through the crisis. The key features of the scheme are as follows: • it provides small- and medium-sized enterprises (SMEs) with access to loans, overdrafts, invoice finance and asset finance • the government-owned British Business Bank provides a guarantee of 80% of the amount outstanding under each loan made under the scheme • the maximum amount of each facility is £5m and the terms available are up to six years for term loans and asset finance and up to three years for overdrafts and invoice financing facilities • the
Q&As
What issues of compliance might arise? Permit holders are generally expected to comply in full with the terms and conditions of their permit. However, due to the disruption caused by the coronavirus (COVID-19), regulators acknowledge that such compliance may not be possible. There may be necessary changes in operation, such as changes to production of items necessary to deal with the COVID-19 crisis. Staff shortages may disrupt continued business operation, and may prevent compliance with the requirements of an environmental management system. Staff shortage may also affect key competencies. Waste management issues due to changes in collection and/or the generation of new types of waste, could also affect compliance. How are regulators responding? Regulators need to consider the welfare of their own staff, alongside the disruption to their own business processes as a result of COVID-19. Relevant regulators are now clarifying their position on compliance through letters, guidance and in the case of the Environment Agency (EA), the publication of COVID-19 regulatory position statements (RPSs). On
Q&As
The coronavirus (COVID-19) pandemic is causing severe difficulties in the operation of the court estate. As of 27 March 2020, HMCTS confirmed that the work of courts and tribunals would be consolidated into fewer buildings, with 157 priority court and tribunal buildings open for essential face-to-face hearings. The Courts and Tribunals Tracker sets out which buildings are open. There are three categories of court: open courts, which are open to the public; staffed courts, where staff and judges continue to work from the buildings but they are not open to the public; and suspended courts, which are temporarily closed. There appears to be no available guidance
NEWS
Law360, London: The owner of a portfolio of hotel companies has sued its insurance broker for allegedly failing to arrange adequate cover that would have protected the businesses from losses incurred during the coronavirus (COVID-19) pandemic.
Q&As
This Q&A is limited to the law in England. Section 94 of the School Standards and Framework Act 1998 (SSFA 1998) confers a right of appeal against school admission decisions: a ‘local authority shall make arrangements for enabling [appeals] against…any decision made by or on behalf of the authority refusing a child admission to a school’. Further provision for appeals is made in the School Admissions (Appeal Arrangements) (England) Regulations 2012, SI 2012/9, but the substantial details governing the conduct of appeals are contained in the School Admissions Appeals Code 2012. This is mandatory statutory guidance which all appeal panels must follow. Parents who exercise
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The term 'non dispensing pharmacy' is not defined in the Health Protection (Coronavirus, Restrictions) (All Tiers) (England) Regulations 2020, SI 2020/1374. The main statutory provisions relating to pharmacists, pharmacy technicians and pharmacies are contained in Part IV of the Medicines Act 1968 (MA 1968) and the Pharmacy Order 2010, SI 2010/231. 'Pharmacy' is a protected title in legislation. To protect public safety, it is an offence to use the term 'pharmacy' in respect of a retail business that is not a registered pharmacy (or the pharmacy department of a hospital or health centre). MA 1968, s 78 prohibits the use of the titles: • chemist • druggist • dispensing chemist • dispensing
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,
NEWS
Family analysis: Marilyn Bell, partner and head of the family team at SA Law, Jonathan Evans, barrister at 4PB, Katie Spooner, partner at Winckworth Sherwood and Chris Longbottom, partner and head of the Manchester family team at Clarke Willmott, consider how the coronavirus outbreak may effect arrangements for children whose parents are divorced or separated, both in cases where a court order is in place and those where the arrangements are more informal. How the court may deal with the breach of an existing order is also examined.
NEWS
Energy Analysis: Judith Aldersey-Williams, partner at CMS, discusses what the combination of the coronavirus (Covid-19) pandemic and the recent crash in oil price means for the North Sea oil and gas industry.