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PRACTICE NOTES
The EU external border control has been under constant changes, especially due to the unprecedented arrival of refugees, irregular immigration and digitalisation of the control systems. Additionally, an examination of the changes introduced in the Schengen Borders Code reveals that the experience of the coronavirus (COVID-19) pandemic has influenced its development. Key objectives of the EU in this area are to have a gradual establishment of an integrated management system for external borders, to enhance the support in the field of migration management, the fight against cross-border crime and to support national authorities for a better internal security. The ‘EU Migration and Asylum’ policy is an important part of the EU external border control. However, this policy is not discussed in this Practice Note which focuses on the general Schengen visa scheme, the main tools and systems that have been incorporated (the Visa Information System (VIS) and the Schengen Information System (SIS)) and those that are not yet operational (the
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note was originally written for Lexis Practice Advisor®, in the US. This Practice Note provides an overview of the copyright registration process, including the benefits of federal registration, how to draft and file a copyright application (either electronically or by paper), filing fees, the deposit requirement, responding to inquiries from the US Copyright Office, and the possibility of preregistration of certain types of works. Note that the Copyright Office issued several notices adjusting timing provisions for certain copyright applications and expanding electronic submission options in response to the coronavirus (COVID-19) pandemic. For an overview of copyright law, see Practice Note: US—copyright fundamentals [Archived]. Benefits of copyright registration The moment an author fixes an original work of expression in a fixed medium (such as on paper, in a computer file, or on a sound recording), a copyright automatically attaches to that work. There is no requirement under the Copyright
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ARCHIVED: This archived Practice Note provides details of the various versions of withdrawn or replaced guidance and advice on Coronavirus (COVID-19) that have been published by the Department for Health and Social Care (DHSC), the Department for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:
Q&As
CPR PD 51Z has been introduced in response to the coronavirus pandemic in relation to possession proceedings, and is effective from 27 March 2020, automatically ceasing to have effect on 30 October 2020. It provides that all proceedings for possession brought under CPR 55 and all proceedings seeking to enforce an order for possession are stayed for a period of 90 days. In effect therefore extant possession claims and enforcement proceedings are automatically stayed. Additionally, by separate provision, from 26 March 2020 until 30 September 2020 (which may be extended) landlords must give three months’ notice to tenants if they intend to seek possession. There is nothing in the Practice Direction that prevents a
Q&As
Face coverings Face coverings are not classed as personal protective equipment (PPE) as they: • are generally not manufactured to a recognised standard and not CE marked • do not provide a proven level of protection for work risks such as dust and spray. See Health and Safety Executive (HSE) guidance: Face coverings and face masks at work during the coronavirus (COVID-19) pandemic The Department for Business, Energy and Industrial Strategy (BEIS) Working safely during coronavirus (COVID-19) guidance also draws a distinction (see eg, the Visitor economy guide) between: • PPE, including face masks, and • face coverings The Cabinet Office guidance Face coverings: when to wear one, exemptions, and how to make your own lists the indoor settings in which a face covering must be worn and also that it is compulsory (from 24 September)
PRACTICE NOTES
This Practice Note explains the cash box structure and the principles behind its use in connection with a proposed placing by a public limited company incorporated in the UK admitted to listing on the Official List of the Financial Conduct Authority (FCA) and to trading on the Main Market of the London Stock Exchange (Main Market). This Practice Note is equally applicable to a public limited company incorporated in the UK which is admitted to trading on AIM if a cash box structure for a placing is used. The cash box structure The following diagram illustrates in summary how a cash box structure operates in connection with a placing: The cash box structure works as follows: • Cashbox Co is established as a subsidiary of PLC with two classes of shares—ordinary shares and preference shares. PLC holds just less than 90% of the ordinary shares in Cashbox Co and the Investment Bank holds just over 10% of the ordinary shares. The Investment Bank agrees to subscribe for
PRECEDENTS
PARTICULARS Date [date] Landlord [name] [of OR incorporated in England and Wales (company registration number [number]) whose registered office is at] [address] (Landlord) Tenant [name] [of OR incorporated in England and Wales (company registration number [number]) whose registered office is at] [address] (Tenant) [ Guarantor ] [[name] [of OR incorporated in England and Wales (company registration number [number]) whose registered office is at] [address] (Guarantor)] Property [description] [as more fully described in Schedule 1, Part 1] [Building OR Centre] [description] [shown [edged OR coloured OR hatched] [colour] on [the [[name]] Plan OR Plan [number]] ] Term the term specified in clause 2.1[to be included only if this Lease will have security of tenure under Part II of the Landlord and Tenant Act 1954 (and the period of any statutory continuation of the tenancy created by this Lease)] [to be included only if the Break Date(s) is/are fixed and not rolling—see clause 6.1] [ Break Date[s] ] [[date] [and [date]] ] Rent Commencement Date [date] Annual Rent [(a) from and including [date] until but excluding [date]—nil;] [(b)] from and including [date] until but excluding [date]—£[amount] a year[;] [(c) from and including [date] until but excluding [date]—£[amount] a year] [inclusive of
Q&As
As noted in flowchart: Legal system for civil tax appeals in England and Wales—flowchart, if permission to appeal is allowed, an appeal against a decision of the Upper Tribunal (Tax and Chancery Chamber) (UT) is normally heard by the Court of Appeal. (In fact, the UT must specify which of the Court of Appeal in England and Wales, the Court of Session or the Court of Appeal in Northern Ireland is the most appropriate venue for the appeal. For the purposes of the guidance provided below, it is assumed that the Court of Appeal is the appropriate appellate court.) The information below is based on the time limits that normally apply. However, it is worth bearing in mind that tribunals/courts may extend time limits and allow late appeals and that, during the coronavirus (COVID-19) pandemic, the tribunals/courts
Q&As
Corporate Insolvency and Governance Act 2020 The object of the Corporate Insolvency and Governance Act 2020 (CIGA 2020) was to avoid insolvency and assist businesses to continue operating during the coronavirus (COVID-19) pandemic and ensuing economic uncertainty. The UK government published the Corporate Insolvency and Governance Bill on 20 May 2020. It went through the accelerated Parliamentary process and received the Royal Assent on 25 June 2020. The main parts of CIGA 2020 consist of the following: • a new moratorium whereby the formal insolvency process is suspended • a new restructuring plan for companies in financial difficulty whereby a company and its creditors (and/or members) can agree a plan for the purpose of reducing, preventing or mitigating its financial difficulties • a prohibition on the issue of statutory demands and winding up petitions relating to debts arising from coronavirus • suspension of
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. The Construction horizon scanner tracks key upcoming developments of interest to construction lawyers. Once a development occurs, it is moved into the archive for the relevant year. This is the archive for events that occurred in 2020. Legislation What happened? When? Find out more CIGA 2020: Corporate Insolvency and Governance Act 2020 published 26 June 2020 (Royal Assent 25 June 2020) The CIGA 2020 make various changes to insolvency law in response to the coronavirus (COVID-19) pandemic. A key change for the construction industry is that, subject to certain exclusions, suppliers of goods or services will be unable to rely on contractual clauses allowing for the termination of the contract or supply in the event of the counterparty’s insolvency or restructuring—see News Analysis: Corporate Insolvency and Governance Bill—restrictions
NEWS
The Department for Education (DfE) has announced plans for all schools in England to receive individual minimum attendance improvement targets as part of efforts to restore pre-pandemic attendance levels. The initiative builds on progress made in 2024, which saw 5.3 million more days in school and 140,000 fewer persistently absent pupils under the government’s Plan for Change. The DfE notes that, from November 2025, schools are expected to be issued with AI-powered minimum attendance targets to improve pupil attendance. Each school’s Attendance Baseline Improvement Expectation (ABIE) is intended to reflect its specific circumstances, including location, pupil needs and levels of deprivation, while 36 new Attendance and Behaviour Hubs are planned to provide one-to-one support to pupils. The DfE also intends to provide best-practice toolkits to help schools manage key transitions and expand enrichment activities, breakfast clubs and mental health support to reduce barriers to attendance.
NEWS
The Domestic Abuse Commissioner has called for increased funding and specialist court support after a report by SafeLives revealed that 89% of domestic abuse victims do not receive support going through the family court and 71% do not receive support in any court at all, including the magistrates and crown courts. The government’s statutory duty requires the provision of domestic abuse support services, such as Independent Domestic Abuse Advisors (IDVAs). The report also criticised the lack of understanding surrounding domestic abuse, poor safeguarding, court professionals’ attitudes and the bias towards perpetrators as 20% of IDVAs were prevented from supporting clients in courts. The coronavirus (COVID-19) pandemic has led to increased case lengths, with backlogs running into 2022, and some survivors being sent to courts out of the area.