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PRACTICE NOTES
This Practice Note considers the law and institutional investor guidance relating to the holding of entirely virtual or hybrid general meetings and annual general meetings (AGMs). The interest from shareholders and other company stakeholders in holding meetings via electronic modes of communication has notably increased in recent years. This structural trend then significantly accelerated during the coronavirus pandemic. Holding electronic meetings—Companies Act 2006 Even before the coronavirus pandemic, a small number of FTSE 350 companies had begun experimenting with electronic meetings, ranging from online broadcasts (webcasts) of physical meetings, or hybrid meetings where shareholders could choose to participate in either a physical or virtual space. In 2016 Jimmy Choo plc held the first entirely virtual AGM which triggered significant debate about the fairness and effectiveness of virtual participation. Hybrid or wholly virtual electronic meetings and AGMs are likely to be attractive to some companies and shareholders given the perceived ease of access for members, as well as the potential cost savings from not holding a physical meeting on the same scale, or at all.
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ARCHIVED: This Practice Note has been archived and is not maintained.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 2 August 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: • NHS Coronavirus (COVID-19) Clinical Negligence Protocol 2020 updated—LNB News 29/07/2021 73 • Coronavirus (COVID-19)—ABI further extends Statement of Intent to 13 August 2021—LNB News 13/07/2021 30 • Coronavirus (COVID-19)—courts and tribunals guidance updated—LNB News 26/07/2021 25 • MOJ publishes the impact on the Court Funds Office as a result of Coronavirus (COVID-19)—LNB
CHECKLISTS
Coronavirus (COVID-19): This Practice Note contains guidance on matters that have temporarily been altered to assist in the management of the coronavirus (COVID-19) pandemic. For further information, see Practice Notes: Local authority meetings during the coronavirus (COVID-19) pandemic [Archived] and Coronavirus (COVID-19)—governance tracker [Archived]. Elements of accessibility The following table sets out the position in a typical authority. Some authorities grant additional rights to councillors and members of the public. Council Committees and sub-committees Officers’ non-executive decisions Cabinet (key and non-key decisions) Individual executive members (key and non-key decisions) Officers’ key executive decisions Officers’ non-key executive decisions 1 Public identification of the body or person responsible for taking the decision Yes — statute and constitution Yes — statute and constitution (terms of reference), and council minutes for ad-hoc delegations to committees and sub-committees Yes — scheme of delegations and minutes for ad-hoc delegations Yes — statute and constitution Yes — statute and constitution (scheme of delegation to cabinet members) Yes — scheme of delegations and cabinet minutes for ad-hoc delegations Yes
PRACTICE NOTES
This Practice Note deals with custody time limits (CTLs) on the length of time a defendant can be kept in custody before trial (pre-trial detention). It deals with the effect of expiry of the custody time limits, when an application should be made to extend custody time limits, and the criteria for extending the custody time limits, including good and sufficient cause and due expedition. Finally, it deals with the procedure for applying to extend the custody time limits and how to appeal against a custody time limit decision. For more information relating to case management during court proceedings, see Practice Notes: Case management in the magistrates’ courts and Pre-trial and case management hearings in the Crown Court. The Prosecution of Offences (Custody Time Limits) Regulations 1987 (CTLR 1987), SI 1987/299, as amended, made under the Prosecution of Offences Act 1985 (POA 1985), impose time limits on the length of time an accused can be kept in custody before their trial. They impose the following maximum time limits: • 70 days between the defendant’s first appearance in
Q&As
The Commercial Rent (Coronavirus) Act 2022 (CR(C)A 2022) continues and extends the protections given to commercial tenants during the coronavirus (COVID-19) pandemic. It does this by ringfencing rent and service charge debts accrued during the period when premises were required to close, and establishing a statutory arbitration process under which the debts may be reduced or payment deferred. It also imposes a moratorium on landlord remedies in order to protect tenants while the arbitration process takes place. CR(C)A 2022, s 1 provides that the CR(C)A 2022 enables the matter of relief from payment of protected rent debts due from the tenant
NEWS
The Office of the Public Guardian (OPG) has updated users on its current power of attorney (PoA) wait time position, confirming that backlogs and processing delays have now exceeded 12 months due to the impact of the pandemic, increased PoA submission volumes, system limitations with its 25‑year‑old Sigma platform, and rising maintenance demands from 900,000 live cases. OPG states it is taking steps to reduce delays through the phased rollout of its new PAIGE case management system, additional temporary staff and overtime work, while urging users to reserve the expedited registration service, which processed 1,564 PoAs in September 2025, for genuine urgency only as inappropriate requests extend standard wait times.
NEWS
The Crown Prosecution Service (CPS) has announced the prosecution of an accountant for defrauding multiple coronavirus (Covid-19) support schemes. Zeeshan Ashraf has been sentenced to three years and eight months in prison after pleading guilty to five counts of fraud under the Fraud Act 2006. Ashraf fraudulently claimed £268,102.07 and attempted to claim an additional £52,732.66 from various pandemic support initiatives, including the 'Eat Out to Help Out' scheme, from which he swindled £26,928. The CPS emphasised its commitment to pursuing fraudsters who exploit government support grants and loans, and will seek to recover the remaining fraudulent gains to return them to the public purse.
NEWS
The Secretary of State for Business, Energy and Industrial Strategy, Alok Sharma has written to those working in the construction sector, thanking them for their 'invaluable contribution’ to the UK economy since the outset of the coronavirus (COVID-19) pandemic. Sharma paid tribute to workers and expressed admiration for the work they are doing. Sharma added that construction workers have performed a ‘vital role’ in the past six months in building the Nightingale Hospitals, accelerating delivery of infrastructure projects, supporting vital public services, and helping the country adapt to make their buildings coronavirus secure.
Q&As
On 23 October 2020, the Chair of the Local Government Association’s (LGA) Safer and Stronger Communities Board, Nesil Caliskan, made a statement on the tools councils should have to mitigate the spread of coronavirus (COVID-19). Caliskan felt that councils should be able to take ‘rapid action’ against businesses failing to implement safety measures, and he ‘look[s] forward to hearing more details…over the coming days’. See: LGA seeks tools to combat businesses
NEWS
Commercial analysis: The court held that RDA Television LLP (RDA) was entitled to terminate its contract with European Processional Club Rugby (EPCR) as a result of the postponement of matches due to the coronavirus (COVID-19) pandemic. The court held that the contract provided for the matches to be arranged within the season and EPCR’s delay in hosting these matches entitled RDA to terminate the contract pursuant to its force majeure provisions. The decision turned on the court’s interpretation of the contract and will be of interest to both non-contentious and contentious practitioners. Written by Nicole Bollard, barrister at 3PB Barristers.
NEWS
The Children and Family Court Advisory and Support Service (Cafcass) has published an update regarding the significant backlogs caused by working constraints of the coronavirus (COVID-19) pandemic in the family justice system. Provisions of the Domestic Abuse Perpetrator Programmes (DAPPs) has been impacted due to the necessary face-to-face delivery model and a few DAPP providers have had to reduce or suspend their offers. Cafcass has considered the development of remote DAPPs, however there is a lack of evidence to support the adoption of a remote model. A temporary process has been agreed to which will be applied in England.
NEWS
The Insolvency Service has disqualified Marian Ghimpu, a 58-year-old director from Croydon, for 13 years and ordered him to repay over £50,000 to the public purse. The action follows Ghimpu's fraudulent use of the Bounce Back Loan (BBL) scheme during the pandemic. Ghimpu was ordered to pay a compensation order of £52,163 and was given five weeks to pay this, to ensure the taxpayer has not lost out. The compensation order, issued on 25 July 2023, is the first of its kind secured by the Insolvency Service in court.