This response deals with the position before the introduction of the new national restrictions from 5 November. The Health Protection (Coronavirus, Wearing of Face Covering in a Relevant Place) (England) Regulations 2020, SI 2020/791, reg 3(1), provides that ‘No person may, without reasonable excuse, enter or remain within a relevant place without wearing a face covering’. In the context of employment, the requirement in SI 2020/791, reg 3(1) does not generally apply to employees or workers (SI 2020/791, reg 3(2)), however it does apply

The nature of pay and wages The essence of employment is pay in return for work; there is a duty to pay wages whenever an employee is ready, willing and able to work. Generally, it does not matter whether there is any work for them to do. As Lord Templeman put it in Miles v Wakefield MDC: 'In a contract of employment wages and work go together. The employer pays for work and the worker works for his wages. If the employer declines to pay, the worker need not work. If the worker declines to work, the employer need not pay. In an action by

Assumption: it is assumed that you have already advised the court that you will serve the claim form rather than choosing the default position that the court serve the claim form. A claim form is an originating process of the court and special rules apply for service. Therefore, it is important to try to serve in a compliant manner within primary limitation. It will be recalled that CPR 3.10 provides the court a general power to rectify errors of procedure; however, there is a question as to whether a failure to serve originating proceedings at all properly can be characterised as a mere error in procedure. A closely analogous question was considered in Integral Petroleum SA v SCU-Finanz AG by Mr Justice Poppelwell who was prepared to find that a failure to comply with the requirements of CPR PD 6A

If a child or adult has tested positive for coronavirus (COVID-19), has come into close contact with someone with coronavirus, or travelled back to the UK from a country where self-isolation upon return is required, then the child or adult must self-isolate. Parents or guardians are legally responsible for ensuring that anyone under 18 self-isolates in these circumstances. The Health Protection (Coronavirus, Restrictions) (Self-Isolation) (England) Regulations 2020, SI 2020/1045, reg 2 states that when someone self-isolates, they must remain in their home, or the home of a friend or family member, or bed and breakfast accommodation, accommodation provided or arranged under sections 4, 95 or 98 of the Immigration and Asylum Act 1999 or some other suitable place. There is no specific provision permitting a child to

Banking and Finance analysis: Timothy Bromley-White, solicitor at Macfarlanes LLP, discusses the implications of company voluntary arrangements (CVAs) and the new restructuring plan on real estate finance (REF) lenders during the coronavirus (COVID 19) pandemic. He provides an overview of the current usage of CVAs, noting that the overall decrease in their use disguise a marked increase in the use of CVAs in the hospitality, retail and fashion sectors. He concludes that REF lenders investing in these sectors may need to consider the underlying business of the tenants more closely than they might have had to do in the past.

The first thing to bear in mind is that courts are updating their processes and guidance, sometimes daily at present, so you should check with the relevant court to ensure you are complying with their procedures. For further information on changes to court processes and procedures generally and

Under section 3(1) of the Children Act 1989 parental responsibility is defined as all the rights, duties, powers, responsibility and authority that, by law, a parent has in relation to their child and their child's property. If there is a dispute over the exercise of independent action taken by one parent, it can be challenged by an application for either a prohibited steps order or a specific issue order. A specific issue order is an order giving directions for the purpose of determining a specific question which has arisen, or which may arise in connection with any aspect of parental responsibility for a child. Where there is a dispute between parents with parental responsibility regarding vaccination, that dispute is a matter which must be brought

The Commercial Rent (Coronavirus) Bill was introduced to Parliament on 9 November 2021 and is currently progressing through the House of Lords. It is anticipated to become law on or before 25 March 2022. The second reading of the Bill in the House of Lords is scheduled to take place on 27 January 2022. Further amendments could be made to the Bill before it becomes law. The Bill provides that any rent and service charge arrears which have accrued due in respect of a business tenancy during periods of enforced closure are protected under the Bill and subject to a binding arbitration scheme. There are restrictions imposed on a landlord in respect of the action which can be taken to recover

Many charities will have board or general meetings scheduled over the coming months and be wondering what steps should be taken to observe social distancing measures and protect attendees, particularly those more at risk from coronavirus (COVID-19). Special rules apply to these meetings and will need to be taken into account. Formal meetings are, of course, only one (albeit an important) aspect of a charity’s operations. Outside formal meetings, staff may be able to work and meet remotely in order to keep services going. Where this is not possible, difficult decisions may have to be made about how best to protect a charity’s beneficiaries and reputation until restrictions around movement are eased. This Q&A is principally directed to charities which are structured as companies. Board decisions: one-off decisions where a meeting cannot be held If a decision is needed at short notice on a specific matter and the trustees are all in agreement, they

The procedure for a scheme of arrangement is set out in the Companies Act 2006 (CA 2006), and so is not subject to the amendments of the Insolvency Act 1986 which were made by the Small Business, Enterprise and Employment Act 2015 which made physical meetings the exception, rather than the rule. As such, the provisions of the Insolvency (England and Wales) Rules 2016 (IR 2016), SI 2016/1024 which relate to decision making procedures by creditors or members of a company have no application in relation to schemes of arrangement. CA 2006, Pt 26 sets out a three stage process for schemes of arrangement: • first, there must be an application to the court to summon a meeting • secondly, documentation must be provided to those entitled to attend the meeting and the meeting itself must be held • thirdly, an application must be made to the court to sanction the scheme (with the scheme taking effect when

The Commercial Rent (Coronavirus) Act 2022 (CR(C)A 2022) applies to ‘protected rent debts’ which are, broadly: • rent, service charge, interest and value added tax (VAT) • due under a tenancy to which Part II of the Landlord and Tenant Act 1954 (LTA 1954) (LTA 1954, s 23) applies (even if contracted out), provided • the whole or part of the business or premises were required by coronavirus (COVID-19) regulations to close, and • the sums are attributable to the ‘protected period’, which runs from 21 March 2020 to the earlier of: ◦ the last day the business or premises were required to close or were subject to regulation as to how the business was run or the way the premises were used, and ◦ in England, 18 July 2021 and in Wales, 7 August 2021 Accordingly, consideration should be given to whether or

For the purpose of this Q&A we have assumed that the property is in England. The Coronavirus Act 2020 altered the periods of notice required to seek possession of properties let under many species of tenancy. However, it did not alter the period