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NEWS
Law360: Businesses including hoteliers and the upmarket Liberty department store partly won a battle on 26 January 2024 over issues in their claims against insurers to pay out for coronavirus lockdowns after a judge ruled the closures did trigger business interruption policies.
Q&As
Clare Ambrose, Twenty Essex This is a ‘once in a generation’ challenge. We will see over the next months how the court system and the arbitration community respond. Arbitration is more flexible, and it is already common for directions to be made electronically, CMCs to be heard by telephone and disputes to be resolved by documents only. It is hoped that arbitration will be agile to meet the needs of parties. If so, and virtual hearings (or even partially virtual hearings) start to work well, then they will become an attractive feature. Corporations weathering this crisis will be mindful of resilience for the next one. Arbitration will be attractive if it is seen to work in times of crisis. If it becomes cheaper and more sustainable too then that must be a bonus. Hamish Lal, Akin Gump The tangible and significant impacts of coronavirus further support the notion that arbitration is preferable over litigation
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We have assumed that the clause in question is included in a business to business contract. You may find the following materials useful: • Practice Note: Force majeure—consequences and contract discharge which has been updated to reflect the current coronavirus (COVID-19) pandemic. The section ‘Force majeure clauses—interpretation’ considers how definitions of force majeure are interpreted by the courts • Q&As:
Q&As
Invitations to attend an interview under caution on a voluntary basis are routine in regulatory crime investigations. Volunteers are defined in the Police and Criminal Evidence Act 1984 (PACE 1984) as a person who, for the purpose of assisting with an investigation, attends a police station voluntarily or at any other place where a constable is present, or, who accompanies a constable to a police station or such other place without having been arrested. Volunteers are entitled to leave at will unless they are placed under arrest and, in accordance with PACE Code C, have specific entitlements whilst they are attending an interview conducted under PACE 1984. For information about voluntary attendance at interviews under caution under PACE 1984, see Practice
NEWS
Corporate analysis: This analysis looks at the 97 secondary equity fundraisings on the Main Market or AIM raising at least £10m which were announced during the three-month period 1 April 2020 to 30 June 2020. It looks at placings, rights issues and open offers and considers the impact the coronavirus (COVID-19) crisis has had on secondary equity offers.
Q&As
Companies House has issued guidance to customers saying that where online filing is not available for certain forms, companies should proceed with paper filing by sending the form(s)
NEWS
Law360, London: A London judge on 9 June 2026 ordered Fertitta Entertainment Inc. and related entities whose brands include the Golden Nugget hotel and casino chain and the Rainforest Cafe to end litigation in Louisiana in a long-running and bitter dispute with a Chubb unit over coverage for losses that occurred during the height of the coronavirus pandemic.
Q&As
Guidance has not yet been published for insolvency practitioners in relation to physical company voluntary arrangement (CVA) meetings.  However, it is highly unlikely a CVA meeting will be required to be held in person by the insolvency practitioner due to the government’s guidance on social distancing due to the coronavirus (COVID-19) outbreak. Therefore, meetings are likely to be held virtually in accordance with the Insolvency (England and Wales) Rules 2016 (IR 2016), SI 2016/1024, r 15.5. However, if creditors do request a physical meeting, the meeting may be significantly delayed until such time the government relaxes the social distancing rules. Coronavirus is having a significant impact on many businesses and is unfortunately leading to many being at risk of insolvency. There is likely to be a rise in CVAs due to coronavirus. It is therefore essential for CVA meetings to be held so that directors
NEWS
Banking & Finance analysis: Guy Dempsey, Of Counsel at Katten Muchin Rosenman LLP, and Carolyn Jackson, partner at Katten Muchin Rosenman UK LLP, and both P.R.I.M.E. Finance experts, discuss the impact of the coronavirus (COVID-19) on OTC derivatives, including which OTC derivatives are most affected by the pandemic, whether market disruption or other circumstances could become Force Majeure events, defensive measures market participants should be taking and how derivatives regulators are responding.
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Section 78 of the Coronavirus Act 2020 (CA 2020) facilitated postponement of elections and by elections, together with relaxation of procedural prescriptive requirements in relation to local authority meetings through the Local Authorities and Police and Crime Panels (Coronavirus) (Flexibility of Local authority and Police and Crime Panel Meetings) (England and Wales) Regulations 2020, SI 2020/392, which came into force on 4 April 2020. Section 85 of the Local Government Act 1972 (LGA 1972) provides: ‘ ...if a member of a local authority fails throughout a period of six consecutive months from the date of his last attendance to attend any meeting of the
NEWS
Arbitration analysis: International arbitration associate, Jago Chanter and partner, Xavier Nyssen, at Dechert Paris consider the impact the coronavirus (COVID-19) pandemic has had on arbitration in Paris and whether it will result in any long-term changes to practice. This analysis is part of a series which considers the impact of coronavirus on commercial arbitration at key seats of international arbitration.
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The Crown Dependencies of Jersey, Guernsey and the Isle of Man, and the Overseas Territories of Bermuda, Cayman Islands and British Virgin Islands (collectively referred to as the CDOTs), have all introduced new legislative economic substance requirements for companies and other entities with a presence in their respective jurisdictions. The legislation has been designed to address concerns that companies could be used to artificially attract profits that are not commensurate with economic activities and substantial economic presence in the CDOTs. With this in mind, the legislation requires certain companies to demonstrate they have substance in relevant jurisdiction by: • being directed and managed in the jurisdiction • conducting core income generating activities in the jurisdiction, and • having adequate people, premises and expenditure in the jurisdiction For detailed information, see Practice Note: Economic substance legislation in the Crown Dependencies and Overseas Territories—summary. Jersey Jersey has issued the following guidance on the impact of the coronavirus (COVID-19)