Property Disputes analysis: This is the first judgment to be handed down relating to a claim for arrears of rent and service charge of retail premises where the tenant relied upon the closure of retail units imposed upon them during lockdowns as a result of the coronavirus (COVID-19) pandemic. The claim was for arrears of rent and service charge and was defended on various grounds relating to the government’s response to the coronavirus pandemic as well as contentions relating to the landlord’s obligation to insure against loss of rent. Each of the defences was rejected by the court which awarded summary judgment for the landlord for the arrears of rent and service charge. Given that many commercial tenants have withheld rent on the strength of the imposed closures during periods of lockdown, the case provides guidance on some of the issues raised by tenants and will come as a welcome development for landlords. Written by Gary Cowen QC, Queen’s counsel at Falcon Chambers who appeared in the case for the landlord.

The Civil Mediation Council (CMC) has published guidance relating to online and remote mediation in response to the coronavirus (COVID-19) pandemic. The guidance is to be used by mediators carrying out mediation remotely, by video or voice-only connections. The CMC confirms that the guidance is not intended to supersede information contained within a mediator’s Code of Practice, and states that mediators must continue to abide by such codes while carrying out remote mediation. The guidance provides information regarding measures prior to the mediation process, during mediation, and after mediation is complete.

The Insolvency Service has reported that Eunice Gill Dzodzome, the sole director of Reach Alive Limited, has breached the conditions of a government-backed loan that should have been used to support the business through the pandemic and not for personal use. When Reach Alive received a £45,000 Bounce Back Loan, Dzodzome transferred £40,000 into her personal account, which she then invested in cryptocurrency. Of the remaining loan, £2,000 was paid to Dzodzome as a director’s loan and £3,000 used as an advance payment towards her company’s liquidation. On 12 April 2022, the Secretary of State for Business, Energy and Industrial Strategy accepted an 11-year disqualification undertaking from Dzodzome.

The Prudential Regulation Authority (PRA) has published consultation paper CP19/24, which proposes new liquidity reporting requirements for large life insurers and reduces the reporting expectations for firms using internal models. These reforms, developed with input from the Association of British Insurers (ABI) and other stakeholders, aim to address gaps in liquidity risk management that were highlighted by recent market stress events such as the Covid-19 pandemic and the liability-driven investment(LDI) crisis. The proposals include new templates for reporting cash flow mismatches, committed facilities, and liquidity market risk sensitivities. Responses are sought by 31 March 2025. The proposed implementation date for these changes is 31 December 2025.

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

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.

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

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

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

The Civil Procedure Rule Committee (CPRC) held its annual open meeting in central Birmingham , marking the first meeting outside London in the committee's 29–year history and the first in-person open meeting since the Covid–19 pandemic. Chaired by Lady Justice Cockerill, Deputy Head of Civil Justice, the meeting was open to the public, stakeholders, students and lawyers. A subsequent engagement session for students and junior lawyers drew more than 30 delegates, covering topics including access to justice and the role of artificial intelligence in the civil justice system.

The Mayor of London, Sadiq Khan, has stated that, according to a forecast based on a City Hall analysis of information provided by Savills, rents in London could increase by up to 19% over the next five years, which amounts to, on average, £370 extra per month. To avoid this, Khan has emphasised the importance of the government giving him powers to introduce rent controls in London and set up the London Private Rent Commission which would be responsible for designing and implementing the rent controls. In addition, he has called for powers to freeze private rents in order to protect renters from the ongoing financial impact of the coronavirus (COVID-19) pandemic.

Europol has published the European Union Serious and Organised Crime Threat Assessment (SOCTA 2021) which outlines threats of serious and organised crime facing the EU. The SOCTA 2021 states that the coronavirus (COVID-19) pandemic has threatened to create ideal conditions for organised crime to spread in the EU and that a key characteristic of criminal networks is their agility in adapting to and capitalising on the changes caused by coronavirus. It also reports that migrant smuggling, trafficking and exploitation of human beings, offline and online frauds, and property crime present substantial threats to EU citizens.