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PRACTICE NOTES
This Practice Note examines some of the key issues affecting construction contracts as a result of the coronavirus (COVID-19) pandemic and how these issues can be dealt with in both existing contracts that have already been executed and in contracts being negotiated. The coronavirus pandemic and resulting lockdown, restrictions and requirements for social distancing also give rise to some practical issues that need to be considered, including in relation to execution of documents. Existing contracts Contracts that were entered into before the pandemic started are likely to have some disadvantages in comparison to contracts entered into following the onset of the pandemic. This is because it is unlikely in the majority of cases that specific clauses were included in these contracts dealing with what happens when a pandemic affects the carrying out of the works (and the effect the coronavirus has had would have been very difficult to predict). The parties who entered into contracts before the coronavirus therefore have to rely on what, if anything, the existing contract terms say (or how they can be interpreted)
PRACTICE NOTES
ARCHIVED: This archived Practice Note is not maintained and is for background information only. This Practice Note considers the impact of the coronavirus (COVID-19) pandemic on Court of Protection and mental capacity work, covering in particular the following areas: • Court of Protection guidance on the coronavirus pandemic • The running of the Court of Protection during the coronavirus pandemic • Office of the Public Guardian guidance on the coronavirus pandemic • Guidance on visiting care homes during the pandemic • Mental capacity, vaccination and testing for coronavirus • Department of Health and Social Care and Court of Protection guidance on deprivation of liberty during the pandemic • Frequently asked questions Court of Protection guidance on the coronavirus pandemic The Vice-President of the Court of Protection, Mr Justice Hayden, and other senior members of the judiciary have issued several pieces of guidance for judges and practitioners during the course of the coronavirus pandemic: • 13 March 2020—guidance focusing specifically on visits to protected persons by judges and practitioners • 18 March 2020—additional
PRECEDENTS
1 Introduction 1.1 This policy sets out the Company’s approach to testing staff for coronavirus (COVID-19). It supplements, but does not replace, the Company’s health and safety[, coronavirus workplace safety] and sickness absence policies. 1.2 This policy does not form part of any contract of employment and the Company may amend it at any time. 1.3 This policy applies to all employees, workers and contractors. 1.4 This policy has been written [following discussions OR in consultation] with [the recognised trade union OR employee representatives OR a representative group of employees]. 1.5 The information set out in this policy is taken from guidance on the Department of Health and Social Care (DHSC) and other government websites that are updated frequently. While we will try to keep this policy up-to-date, we strongly recommend that all staff familiarise themselves with the relevant DHSC and other guidance and check regularly for updates. We will also issue updates to staff, typically by email, if changes to the government guidance affect this policy. 2 Why we think workplace testing is important 2.1 The coronavirus pandemic continues to have a significant impact on all of
PRECEDENTS
ARCHIVED: This archived Precedent clause is not maintained and is for background information only. 1 Definitions Completion Date • (a) [insert date]; or (b) if a Delay Notice has been served in accordance with clause 2.2, the date determined in accordance with clause 2.4; Coronavirus • severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2) and the disease known as COVID-19; Coronavirus Event • any event or delay arising as a result of the Coronavirus pandemic which prevents
PRECEDENTS
Introduction This schedule forms part of the Company’s Coronavirus (COVID-19) safety policy to which it is attached. It sets out the steps the Company has identified, in light of the coronavirus risk assessment that we have carried out and relevant government guidance, to try to manage the risk of coronavirus to workers and others in the [office], as follows: 1 Shift patterns 1.1 staff are split into teams or shift groups, which will be kept the same during the pandemic; 1.2 direct contact is minimised, eg by using drop-off points for delivery of office supplies and post; 2 If someone has COVID-19 2.1 if you have coronavirus symptoms you must stay at home and order a PCR test. You must not attend the workplace while you are waiting for your test result; 2.2 if you have a positive LFD or PCR test result, you must not attend the workplace for ten days after the date your symptoms started (or, if you do not have symptoms, the date your positive test was taken)[. If you receive two negative LFD test results on consecutive
PRACTICE NOTES
ARCHIVED: This archived Practice Note is not maintained and is for background information only. UPDATE (5/11/20): The Chancellor of the Exchequer, Rishi Sunak, confirmed in a statement to the House of Commons on Thursday 5 November 2020 that the Coronavirus Job Retention Scheme (CJRS) furlough scheme was to be extended. As a result, the Jobs Retention Bonus (JRB) is not to be paid in February 2021 and the government will redeploy a retention incentive at the appropriate time. See the HM Treasury press release: Government extends Furlough to March and increases self-employed support and HMRC Policy paper: Extension of the Coronavirus Job Retention Scheme. For further information, see Practice Note: Coronavirus Job Retention Scheme (extended version 1 November 2020 to 30 April 2021) [Archived]. This Practice Note was updated to reflect these developments. This Practice Note considers the Coronavirus Job Retention Bonus Scheme (CJRBS), announced in July 2020, which offers a one-off payment to employers of £1,000, for every employee for whom the employer previously claimed under the Coronavirus Job Retention
PRECEDENTS
Introduction This schedule forms part of the Company’s Coronavirus (COVID-19) safety policy to which it is attached. It sets out the steps the Company has identified, in light of the coronavirus risk assessment that we have carried out and relevant government guidance, to try to manage the risk of coronavirus to workers and others in the [factory], as follows: 1 Shift patterns and working groups 1.1 staff are split into teams or shift groups, which will be kept the same during the pandemic; 1.2 direct contact is minimised, eg by using drop-off points or transfer zones for passing on job information, spare parts, samples, raw materials; 2 If someone has COVID-19 2.1 if you have coronavirus symptoms you must stay at home and order a PCR test. You must not attend the workplace while you are waiting for your test result; 2.2 if you have a positive LFD or PCR test result, you must not attend the workplace for ten days after the date your symptoms started (or, if you do not have symptoms, the date your positive test was taken)[. If you receive
PRACTICE NOTES
ARCHIVED: This Practice Note is archived and is no longer maintained. This Practice Note brings together key content on coronavirus (COVID-19) published across Lexis®PSL that is likely to be of interest to Banking & Finance lawyers. It is updated regularly with news, practical guidance and analysis which cover the impact of COVID-19 developments. The subject areas covered are: • Force Majeure • Execution of documents • LIBOR • General lending • Leveraged finance • Asset finance • Project finance • Real estate finance • Trade and commodity finance • Debt capital markets • Derivatives • Structured products and securitisation • Financial services • Restructuring • Corporate • Scotland, and • International In addition, the Practice Note: Coronavirus (COVID-19)—Banking & Finance frequently asked questions [Archived] considers questions that are frequently being asked by Banking & Finance practitioners in the current environment and brings together key content and resources published across Lexis®PSL. Force Majeure Date Content Summary 13 January 2021 Force majeure consequent on coronavirus (COVID-19) pandemic and notification injunctions (Fibula Air Travel v Just-US
PRACTICE NOTES
ARCHIVED: This Practice Note is not maintained and is for background information only. UPDATE (5/11/20): The Chancellor of the Exchequer, Rishi Sunak, confirmed in a statement to the House of Commons on Thursday 5 November 2020 that the Coronavirus Job Retention Scheme (CJRS) furlough scheme was to be extended. As a result, the Jobs Retention Bonus (JRB) will not be paid in February 2021 and the government will redeploy a retention incentive at the appropriate time. See the HM Treasury press release: Government extends Furlough to March and increases self-employed support and HMRC Policy paper: Extension of the Coronavirus Job Retention Scheme. This Practice Note has been updated to reflect the fact that relevant CJRBS guidance has been withdrawn. This Practice Note provides details of the guidance published on the Coronavirus Job
PRACTICE NOTES
This archived tracker was focused on children’s social care and was intended to be used to track key developments, legislation, guidance, parliamentary briefing notes and other sources of interest relating to coronavirus (COVID-19) and children’s social care up to 18 July 2021, where relevant to local government lawyers. It was designed to provide an easy reference point for relevant content for lawyers working in or with local authorities during the coronavirus. See Practice Note: Coronavirus (COVID-19)—local government tracker up to 18 July 2021 [Archived]. For developments post 18 July 2021, see Practice Note: Coronavirus (COVID-19)—local government tracker—post July 2021. Primary legislation Development When in force Find out more Coronavirus Act 2020 (CA 2020)• CA 2020, ss 14, 15 • CA 2020, Sch 12 31 March 2020 Regulations relaxing children’s social care duties Emergency regulations so that local authorities in England do not have to comply with certain duties in relation to meeting needs, and carrying out assessments, under the Care Act 2014 (CA 2014), and to modify duties to meet needs under
PRACTICE NOTES
ARCHIVED: This archived Practice Note provides details of the various versions of withdrawn or replaced guidance and advice on Coronavirus (COVID-19) that have been published by the Department for Health and Social Care (DHSC), the Department for Business, Energy & Industrial Strategy (BEIS) and the Cabinet Office, and provides tracked change versions, showing the updates between one version and the next, to enable practitioners easily to ascertain which version of the relevant guidance was live at any given date. It is not maintained and is for background information only. Separate sections of the Practice Note cover: • Get coronavirus tests for your employees • How to treat certain expenses and benefits provided to employees during coronavirus • HMRC guidance: Check if you can claim back Statutory Sick Pay paid to employees due to coronavirus (COVID-19) • UKHSA: people with COVID-19 and their contacts • Coronavirus: how to stay safe and help prevent the spread • HSE: Protect vulnerable workers during the coronavirus (COVID-19) pandemic • Managed quarantine: what to expect • DHSC:
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