Restrictions on forfeiture During the ‘relevant period’ of 26 March 2020 to 25 March 2022 in England and Wales, section 82 of the Coronavirus Act 2020 provides that there is a prohibition on a landlord taking steps to forfeit a ‘relevant business tenancy’ on the grounds of non-payment of rent and other sums falling due under the lease. See Practice Note: Coronavirus (COVID-19)—implications for property [Archived], in particular section: Restrictions on forfeiture of commercial tenancies—CA 2020, s 82. Note that the provisions of the Commercial Rent (Coronavirus) Bill (the Bill) will affect a landlord’s ability to utilise some of the remedies for recovery of certain outstanding rent, service charge, value added tax and interest during

The Law Commission on Electronic Execution of Documents (Law Com No. 386) concludes that there is no need for formal primary legislation to reinforce the legal validity of electronic signatures on documents but is more equivocal on the question of video witnessing of electronic signatures. The issue arises in particular where the relevant signatures are made upon the execution of a deed. In respect of deeds, section 1(3) of the Law of Property (Miscellaneous Provisions) Act 1989 (LP(MP)A 1989) provides that an instrument is validly executed as a deed if, and only if, it is signed by an individual in the presence of a witness who attests the signature; or at their direction and in their presence and the presence of two witnesses who each attest the

It is unclear from the question whether the employee is refusing to be tested in circumstances where: • there is a requirement in the workplace itself for staff to be tested (eg as part of a protocol established by the employer following a risk assessment in that workplace), or • the employee is self-isolating due to symptoms of coronavirus and therefore absent from work While tests are available for care home (and other front line) staff, and recommended for everyone who is self-isolating with symptoms of coronavirus, (see the Public Health England (PHE) collection of guidance: Coronavirus (COVID-19): guidance), being tested for coronavirus is not a statutory requirement, and we are not aware of any statutory provisions enabling an employer to insist that an employee must get tested. If, then, an employer wishes

From 1 October 2021, the revised periods of notice required to determine various residential tenancies in England are suspended and revert (subject to some exceptions) to the periods which were required before the coronavirus (COVID-19) pandemic. This is subject to the government retaining the right to

Section 106 agreements (section 106 of the Town and Country Planning Act 1990 (TCPA 1990)) enable those with an interest in land to ‘by agreement or otherwise’ enter into an obligation to (TCPA 1990, s 106(1)(a) to (d)): • restrict the development or use of the land • require specified operations to be carried out • requiring the land to be used in any specific way, or • require a sum or sums to be paid to the authority As TCPA 1990, s 106 permits the obligation(s) to be given ‘by agreement or otherwise’, the obligation(s) can be made by a unilateral undertaking. Consideration is given in this answer to both. For either an agreement or a unilateral undertaking to be binding on all interests in the land, all those with an interest in the land must be made parties to the agreement, or they must join in the unilateral undertaking.

Rent demand The landlord should check the terms of the lease to see whether the obligation to pay rent is dependent on the provision of a formal rent demand and ensure that this is complied with. The terms of the guarantee and any pre-conditions prior to liability being triggered must also be checked. There are further requirements in respect of long residential leases pursuant to section 166 of the Commonhold and Leasehold Reform Act 2002. A tenant under a long lease of a dwelling is not liable to make payment of rent under the lease unless the landlord has provided the tenant with a notice in the prescribed form. See Practice Note: Statutory limitations on the landlord’s right to forfeit a long residential lease. Remedies If rent arrears accrue, subject to liability having been triggered under the terms of guarantee, the remedies of court proceedings and serving a statutory demand may

The Insolvency Service has announced that Buckinghamshire events director has been sentenced for Coronavirus (COVID-19) Bounce Back Loan fraud. William Blenkarn obtained double the amount of Covid support his company was entitled to as a result of a fraudulent declaration. Blenkarn claimed he did not know he was not entitled to a second Bounce Back Loan for MJB Events Limited. The Insolvency Service is seeking to recover the fraudulently obtained funds under the Proceeds of Crime Act 2002.

Commercial analysis: This case concerned the sale of two types of Chinese-manufactured facemasks by a Belgian defendant to a UK-based claimant. The claimant claimed to be entitled to reject the masks on a number of different grounds. This judgment concerns its application for summary judgment, which was partially successful. The judgment is significant because it addresses the question of who should be responsible for ensuring compliance with EU and UK regulatory standards, and highlights the danger of failing to address the issue clearly in a written agreement at the outset. Written by Steven Fennell, barrister at Exchange Chambers.

While a force majeure certificate from China could not bind the English courts in their determination of whether such an event had occurred for the purposes of interpretation of a contractual clause subject to English law, it could be useful guidance as to whether the contract was capable of performance given the conditions prevalent in China. Force majeure is not a precise term, and, indeed, a clause saying ‘…the usual force majeure clauses to apply’ has been held void for uncertainty (British Electrical v Patley Pressing). It has wider meaning than ‘act of God’, which is dependent upon there being no human intervention, and could not include, for instance, strikes or wars. For further information, see Commentary: What constitutes an act of God: Halsbury’s Laws of England [269]. The term is more widely used and recognised in civil law systems, particularly the French. A well-drafted contract

The General Data Protection Regulation (GDPR) provides for enhanced rights for data subjects, including providing rights of rectification, erasure and restriction of processing, data portability, and a right of data subjects, with strict time limits for complying. Legal requirements You must respond to a data subject request without undue delay and in any event within one month of receipt of the request, or within one month of receiving: • any information you have requested to confirm the requester’s identity • any fee you have charged That period may be extended by two further months where necessary, taking into account the complexity and number of the requests. You must inform the data subject of any such extension within one month of receipt of the request, together with the reasons for the delay. See Precedents: Response to data subject request—charging a fee and Response to data subject request—extension of time. The time limit

As far as we are aware, there do not appear to be any coronavirus (COVID-19) exemptions relating to regulation 5(5)(v)

This Q&A concerns the enforcement and conduct of a search order against a respondent in respect of material contained on their computer equipment, and in particular asks what steps can be taken in three scenarios where: • the premises at which the search is to be conducted are closed due to the coronavirus (COVID-19) outbreak, • the respondent refuses entry on the basis that they are self-isolating, or • those due to conduct the search have concerns about executing the search order because of the fear of becoming infected The court has the power to authorise one party to enter the premises owned by another party (or prospective party) in civil proceedings, and to inspect or detain and preserve evidence relevant to, or property being kept there which is or may be