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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ARCHIVED: This Practice Note has been archived and is not maintained.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
Q&As
Is there any time limit within which the enforcement notice must be served after the arrears first fall due? Pursuant to section 77(3) of the Tribunals, Courts and Enforcement Act 2007 (TCEA 2007), commercial rent arrears recovery (CRAR) is only exercisable ‘if the net unpaid rent is at least the minimum amount [which has been amended for the period of the coronavirus (COVID-19) pandemic—see below] immediately before each of these (a) the time when notice of enforcement is given (b) the first time that goods are taken control
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
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ARCHIVED: This Practice Note has been archived and is not maintained.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 December 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]. Pre-action CJC publishes interim report and launches consultation on pre-action protocols The Civil Justice Council (CJC) interim report on the subject of pre-action protocols (PAPs) was published on 15 November 2021. See: LNB News 16/11/2021 7. PI Subcommittee consider PI PAPs in interim report The CJC has published its Interim Report on the subject of PAPs and opened a consultation seeking views on the future
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
PRACTICE NOTES
ARCHIVED: This Practice Note is archived and is no longer maintained. Coronavirus (COVID-19) Lawyers across the world have been grappling with many common areas of concern in connection with the coronavirus (COVID-19) pandemic. There are a number of areas that are particularly relevant to banking and finance lawyers. For more detail and analysis on these, see Practice Note: Coronavirus (COVID-19) implications for Banking & Finance lawyers, which is updated regularly with news, practical guidance and analysis covering the impact of COVID-19 developments. This Practice Note focuses on government and regulatory responses to the pandemic from a lending perspective, implications for facility agreements, both from a borrower and lender perspective, and various practical implications in relation to deal execution. We have put together a set of COVID-19 FAQs, which comprise a number of questions that might arise on a lending transaction during the crisis. We add to the list on a regular basis. To access the list, see Practice Note: Coronavirus (COVID-19)—Banking & Finance frequently asked questions [Archived]. Specialist financing transactions This
PRACTICE NOTES
This Practice Note provides guidance on remote and hybrid hearings, via video-conference and telephone, in the Family Court. It considers what a remote or hybrid hearing is, when a hearing may be conducted remotely and the electronic platforms that are available for remote hearings. The remote participation guidance for the Civil and Family courts and tribunal jurisdictions is also set out, published in June 2026, following the cross-jurisdictional Remote Participation Review. Relevant provisions of the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955 are also set out, together with judicial guidance and consultations on remote and hybrid hearings. The coronavirus (COVID-19) pandemic accelerated the planned move to greater use of technology, remote hearings and online document management in the Family Court. Audio and video technology has long played a part in the Family Court but reliance on this increased as a response to the pandemic. While some individual cases may lend themselves to remote hearings, in others remote hearings may not be appropriate. Guidance as to remote hearings in the Family Court developed
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. This tracker is intended to be used to track key developments, legislation, guidance and other sources of interest relating to coronavirus (COVID-19) and judicial review. It is designed to provide an easy reference point for relevant content for lawyers during the COVID-19 outbreak. Practice Directions col style="width: 33%;"> Development Date Find out more Practice Direction 51ZA—Extension of time limits and clarification of Practice Direction 51Y 2 April 2020 New Practice Direction 51ZA—Extension of time limits and clarification of Practice Direction 51Y On 1 April 2020, the Ministry of Justice signed the 118th update—practice directions amendments, which introduces a further coronavirus pandemic related practice direction.Practice Direction 51ZA, concerns extensions of time limits and came into force on 2 April 2020. It also provides clarification of Practice Direction 51Y, which came into force on 25 March 2020.See News Analysis: Coronavirus (COVID–19)—new Practice Direction 51ZA (118th update)—2 April 2020. Practice Direction 51Y—Video or audio hearings during coronavirus pandemic 25 March 2020 New Practice Direction 51Y—Video or audio
PRACTICE NOTES
Coronavirus (COVID-19): The Bounce Back Loan Scheme (BBLS), Coronavirus Business Interruption Loan Scheme (CBILS) and Coronavirus Large Business Interruption Loan Scheme (CLBILS) were launched by the government in response to the pandemic with the aim of supporting SMEs and larger businesses with their access to finance. Under the schemes, lenders could take security from individuals only in certain circumstances and subject to certain rules. The three schemes closed to new applicants on 31 March 2021 and were replaced by the Recovery Loan Scheme (RLS), which launched on 6 April 2021 with the aim of providing financial support to businesses across the UK as they recover and grow following the pandemic. The RLS also includes rules about when security can be taken from individuals. For more information, see Practice Note: Coronavirus (COVID-19)—implications for lending transactions [ARCHIVED]—What are the implications for borrowers and lenders of the government and regulators’ response to coronavirus (COVID-19)? From 1 July 2024, the RLS has been renamed as the Growth Guarantee Scheme and extended until the end of March 2030.
PRACTICE NOTES
This Archived Practice Note outlines the general base-line coronavirus (COVID-19) restrictions, including the modified regional tiered restrictions and the national restrictions in force in England until 19 July 2020, that applied to business premises, including premises licensed for the sale of food and drink, alcohol or entertainment until all formal restrictions were lifted. The government recommends continuing caution but formal restrictions have been removed with the warning that they may need to be reintroduced if health circumstances require it. The government measures to help prevent the spread of coronavirus (COVID-19) have changed significantly during the course of the pandemic from the national lockdown to taking more nuanced action in areas of increased transmission, so keeping track can be difficult for practitioners and their clients. This Practice Note aims to provide a reference point for the current restrictions in force in England. For the national restrictions during the initial response to the pandemic, see Archived Practice Note: Impact of coronavirus (COVID-19) on Licensing [Archived]. Roadmap out of national lockdown On
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. During the coronavirus (COVID-19) pandemic, the UK government implemented a series of measures to support individuals and businesses adversely affected by the pandemic. Several of these measures involved the receipt of funds directly from government or local government that were not expected to be paid back, ie grants rather than loans. For more detail on these schemes, see Practice Note: Coronavirus (COVID-19)—tax implications [Archived]. Guidance relating to these schemes indicated that the recipients should treat these grants as taxable income because the grant was, in effect, replacing business income that would otherwise have arisen. On 29 May 2020, the government published draft legislation, tax information and impact note and explanatory notes for consultation. The legislation was ultimately enacted as section 106 of and Schedule 16 to Finance Act 2020 (FA 2020). The purposes of the legislation were: • to treat COVID-19 support payments as income where the business was within the scope of income tax or corporation tax • to enable
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 11 May 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: • Coronavirus (COVID-19)—ABI further extends Statement of Intent to June 2021—LNB News 27/04/2021 51 • Coronavirus (COVID-19)—HMCTS issues updated guidance for those accessing RCJ—LNB News 15/04/2021 58 • James Petts, barrister at The 36 Group, provides a barrister’s perspective on the impact of coronavirus (COVID-19) on civil litigation in England & Wales. See News