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PRACTICE NOTES
This Practice Note considers how directors convene board meetings under the model articles for private companies limited by shares and public companies limited by shares (Model Articles). It covers giving notice, content requirements of notices, attendance and attendees at board meetings. It also considers corporate governance requirements under the UK Corporate Governance (UKCG) Code. For details on the power and authority of directors to make decisions, whether as a full board or as part of a committee, directors’ duties considerations when making decisions, and decision-making in group companies, see Practice Note: Directors’ decision-making—power, authority and duties. For information on typical conduct at board meetings, including the role of the chair, quorum and voting requirements, declaring interests in transactions, consideration of board papers and debate, see Practice Note: Directors’ decision-making—conduct at board meetings. See also Practice Note: Directors’ decision-making—post board meeting formalities for an examination of preparing board minutes and administrative requirements following board meetings. For details on decisions taken by using the written resolution method and for decision-making by sole directors, see Practice Note: Directors’ decision-making—written
NEWS
This week's edition of Local Government weekly highlights leads with further legal challenges to the government's paused local government reorganisation (LGR) programme, with Devon County Council applying for judicial review, Lewes District Council commencing protective legal action over proposed boundary changes, Leicestershire district and borough councils filing a protective judicial review claim, and Oxfordshire County Council issuing a pre-action protocol letter ahead of a potential challenge. The developments highlight the continuing legal uncertainty for councils seeking to preserve their positions while the government's review is ongoing. Other highlights include the UK Covid-19 Inquiry's findings on failures to protect adult social care during the pandemic, the County Councils Network's warning that local authority SEND deficits could reach £10.4 billion by March 2028, and the government's plans for taxi and private hire vehicle licensing reform. Further updates include Governance, Education, Adult social care, Children's social care, Social housing, Planning, Licensing, Local government finance and Highways.
Q&As
Section 31 of the Local Government Act 2003 (LGA 2003) is a well-established statutory means by which central government may disburse funds to local authorities for them to provide grants for a specified purpose while retaining control of: • the recipients • the quantum of the grants, and • the terms and conditions upon which the grants can be provided LGA 2003, s 31(1) provides that ‘A Minister of the Crown may pay a grant to a local authority in England towards expenditure incurred or to be incurred by it’. A minister of the Crown is defined for these purposes as the holder of
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
NEWS
The Insolvency Service publishes the prosecution of Jordan Allen, a Lancashire plasterer, for fraudulently obtaining a £50,000 Covid bounce back loan (BBL) by significantly overstating his business turnover and utilised the funds for his personal benefit. Allen received a suspended 16-month prison sentence, 200 hours of unpaid work, and must pay £3,600 in compensation for his misappropriation and exploitation of the pandemic support financial aid.
Q&As
The practice of electronic signing of documents has risen in popularity in recent times, and has accelerated further as a result of the coronavirus (COVID-19) pandemic. This has come to be known as the 'Mercury Signing Approach', which was initially proposed by the Law Society in 2009 in a Practice Note: Execution of documents by virtual means (updated in May 2020). In its 2019 report, Electronic Execution of Documents (Law Com No 386), the Law Commission endorsed the Mercury approach. This involves a scanned manuscript signature being added to the final version of the deed, and is of use where all parties to the transaction completed by deed are not
PRACTICE NOTES
Updated in May 2026 Introduction Australia’s strong economy, skilled and multilingual workforce, competitive tax structure and stable political environment make it an ideal location for foreign investment. The Australian market also enjoys the benefits of relatively low set-up costs, easy access to the Asia-Pacific region, a vibrant financial services sector and a time zone which accesses both the close of business in the United States and trading opening in Europe. Prior to the onset of the global coronavirus (COVID-19) pandemic, Australia was among the fastest-growing economies in the Organisation for Economic Co-operation and Development (OECD). Compared to other OECD countries, Australia navigated the immediate health and economic impacts of COVID-19 well. Like other OECD countries, however, the short-term impacts of domestic and global stimulus during the COVID-19 pandemic years (as well as overseas factors such as the war in Ukraine and domestic factors such as COVID-19 related backlogs in the construction sector) have resulted in more significant inflationary pressures in Australia and a phase of stringent monetary policy tightening by the Reserve Bank of
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note is a summary of the key legal developments of relevance to personal injury and clinical negligence practitioners as of 9 February 2021. For the most recent horizon scanner, reference should be made to PI and Clinical Negligence horizon scanning—overview. Coronavirus (COVID-19) To stay ahead of the fast-moving changes in the courts’ processes and procedures necessitated by the pandemic and for industry guidance on how to manage cases during the pandemic including medical examinations, service and limitation, see Practice Note: Coronavirus (COVID-19) implications for PI and clinical negligence [Archived]. For details on recent developments in this area for PI and clinical negligence claims, see: • Elizabeth Boulden and Cressida Mawdesley-Thomas, barristers at 12 KBW, discuss the Vaccine Damages Payments Act 1979, its impact on the coronavirus (COVID-19) vaccine and whether it is fit for purpose. See News Analysis: The Vaccine Damages Payments Act 1979 and the coronavirus (COVID-19) vaccine • Approximately £240m in personal injury claims
Q&As
The timetable for Budgets was, in theory, reformed in autumn 2017. Under that timetable, a non-general election year should only contain one ‘major fiscal event’, ie an Autumn Budget. However, due to the impact of general elections and the coronavirus (COVID-19) pandemic since 2017, there have been various Spring Budgets either as well as or instead of Autumn Budgets in 2019, 2020 and 2021. The last Budget took place on 27 October 2021. In a calendar year without a general election or other major disruptive event, the annual Budget cycle announced in 2017 is
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 has been archived and is not maintained. The government announced a number of measures in response to the coronavirus (COVID-19) crisis. For further details, see Practice Notes: Coronavirus (COVID-19)—tax implications [Archived] and Coronavirus (COVID-19)—key issues for Corporate lawyers. This Practice Note provides a high level picture of some of the ways that the coronavirus crisis has impacted executive pay and keeps abreast of the changes in guidance released by the government and the main institutional investor bodies. For further information on how the coronavirus crisis impacted share schemes more generally, see Practice Note: Coronavirus (COVID-19) impact on share schemes. For further, more general details of the main institutional investor bodies, see Practice Notes: Directors’ remuneration—institutional investor guidelines and Comparison of UK Corporate Governance remuneration principles. The coronavirus job retention scheme and the Job Support Scheme (JSS) The Coronavirus job retention scheme (CJRS), initially announced on 20 March 2020, provided support to UK employers with a grant to enable them to continue paying up to 80% of their employees’
PRACTICE NOTES
This Practice Note is archived and no longer maintained. The table below shows the expiry of various support measures as applicable to Scotland (as part of the UK or in its own right, as indicated by the last column). September 2021 Date Event Scope 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. UK 30 September 2021 Expiry of the provision allowing more than one moratorium on diligence in any 12-month period.See Coronavirus (Extension and Expiry) (Scotland) Act 2021 Scotland 30 September 2021 The relaxation of eligibility criteria for companies applying for a moratorium expires (Corporate Insolvency and Governance Act