An employer has certain legal responsibilities in relation to a reservist’s mobilisation and reinstatement at work afterwards. An employer can claim for financial assistance to cover certain costs during a reservist’s mobilisation, and can also claim incentive payments of up to £500 per month for an employee who is mobilised. For full details and further information in relation to reservists generally, see Practice Note: Military reservists. Time off If the reservist is called out for whole-time service with the Reserve Forces, call-out papers are issued to both the reservist and their employer, which will detail the date the reservist must call for duty at a specified mobilisation centre and the anticipated duration of the mobilisation. There is no minimum statutory notice requirement, but the Ministry of Defence (MOD) aims to give at least 28 days’ notice for short operations and at least between three

Section 9 of the Wills Act 1837 (WA 1837) provides that a Will is not valid unless it is in writing, signed by the testator or by some other person in their presence and by their direction, and the signature is made or acknowledged by the testator in the presence of two or more witnesses present at the same time and each witness either attests and signs the Will or acknowledges his signature in the presence of the testator. Although the Law Commission on Electronic Execution of Documents (Law

The Crown Prosecution Service (CPS) has reported that Rais Kayani, a fraudster who sought to exploit taxpayers through a coronavirus (COVID-19) support scheme, has pleaded guilty to a single count of entering into a money laundering arrangement at Southwark Crown Court. Following an investigation by the National Investigation Service (NATIS), it was found that Kayani's company, RAK Traders and Services Ltd, received £195,000 from three local authorities in St Helen’s, Thurrock and Rochdale, after Kayani defrauded these authorities through false applications to the Small Business Grant Fund. The CPS has said that it has already recovered £155,000 and will seek a confiscation order to obtain the remaining funds. Kayani has been ordered to carry out 100 hours of unpaid word and pay £6,000 in compensation.

The Institute for Government (IfG) has published a report summarising the outcome of roundtable talks it held with several participants on coronavirus (COVID-19). The roundtables were held to discuss the future of coronavirus, which included discussion about rapid antigenic evolution and how to avoid worst case scenarios moving forward. The report also considers the policy implications of the virus, such as policymakers coming to terms with a ‘new normal’ and the need for a significant increase in global vaccine sharing.

The formal requirements for signing a Will are found in section 9 of the Wills Act 1837 (WA 1837). The Will must: • be in writing • be signed by the testator or by some other person in their presence and by their direction • give the appearance that the testator intended by their signature to give effect to the Will • have a signature made or acknowledged by the testator in the presence of two or more witnesses present at the same time • be witnessed and each witness must attest and sign the Will or acknowledge their signature, in the presence of the testator (but not necessarily in the presence of any other witness) See Practice Note: Requirements for a valid Will for further guidance. In writing At the moment, no alternative to the requirement that a Will be in writing is available. For example, oral or video recorded (audio or audio-visual) statements

Dispute Resolution analysis: The court allowed a defendant local authority to set aside judgment in default so as to defend a claim for damages grounded in breach of data principles where the losses claimed were principally for personal injury. In so doing, the court considered the interplay between the discretion to set aside judgments in default and the principles applying to relief from sanctions, reapplying the orthodox view (relying on Dexi Crediop v Regione Piemonte) that the Mitchell/Denton principles will be relevant to whether the discretion should be exercised in favour of an applicant. Written by Lauren Godfrey, barrister at Hardwicke 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 Insolvency Service has published an update on the work being done to tackle coronavirus (COVID-19) loan abuse. According to the Insolvency Service's Annual Report and Accounts for 2023-24, more than 830 directors have been banned following abuse of coronavirus loans, steps have been taken to recover almost £3m of taxpayers' money and 22 criminal prosecutions were carried out. The report also confirms that work will continue in the 2024-2025 period

Where an electronic document review platform is, or can be, used to prepare a party’s disclosure, the closure of their instructing solicitor’s offices part way through the disclosure exercise should not significantly disrupt it. Electronic platforms can be accessed by reviewing staff remotely, and any hard copy documents can be scanned into electronic format. However, the requirement for offices to shut down may mean that disclosure exercises conducted solely on the basis of scrutinising paper documents, which cannot be carried out using a document review platform, will therefore be in jeopardy. Varying disclosure order In many cases involving disclosure, the urgency to complete the exercise will not be pressing and timetables can be varied or extended. Early contact with opposing parties is important in order to agree extensions of time, stays and, if necessary, consent orders to be approved by the court extending time for taking mandated steps. Where

The temporary increase in the nil rate band for SDLT applies to transactions with an effective date that falls within the period from 8 July 2020 ending 31 March 2021. This means that the transaction

UPDATE: This Q&A was first published before the HMRC published its guidance for employers: Claim for your employees’ wages through the coronavirus job retention scheme and guidance for employees: Check if your employer can use the coronavirus job retention scheme on 26 March 2020. These two sets of guidance were updated on 4 April, 9 April and 15 April 2020. The government also published a Treasury Direction on 15 April. For information on the Coronavirus Job Retention Scheme (CJRS), see Practice Note: Coronavirus Job Retention Scheme (original version to 30 June 2020) [Archived]. For information

Under the Arbitration Act 1996 (AA 1996), the courts of England and Wales have wide powers to support arbitration. These include measures to support the commencement of an arbitration or a pending reference (eg, applications to appoint arbitrators, anti-suit injunctions and other interim measures under AA 1996, s 44) and challenges/appeals or other applications after an award has been issued. With the ever-increasing impact of coronavirus, the first question is whether a court application is necessary at all. Consistent with the policies of limited court intervention and party autonomy underpinning the AA 1996, the tribunal should be the first, and increasingly the last, port of call. Her Majesty's Courts and Tribunal Service (HMCTS) will doubtless become increasingly stretched and many applications can and should be dealt with by the tribunal. Tribunals are well positioned