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The use of video-conferencing technology has become essential for lawyers since the coronavirus (COVID-19) pandemic. If your client wishes you to attend rather than provide advice over the telephone when required, you will be better prepared if you have taken the advance steps set out in this Q&A. You should encourage existing clients to download video-conferencing facilities onto their smartphones now, before any issues arise. They should try and keep their phone battery well-charged, particularly overnight. Clients may need your advice urgently and you may need to see documents quickly in order to provide that advice. Offer your clients a ‘test call’ using this video-conferencing technology to ensure that, if they ever need to use it, they are familiar with the procedure for getting in contact with you. If you are required to advise a client during a search, the best advice is to use this technology to be ‘present’
Q&As
For information: • on the revised Coronavirus Job Retention Scheme (CJRS), see Practice Note: Coronavirus Job Retention Scheme (extended version 1 July to 31 October 2020) [Archived] • on holiday and holiday pay during the coronavirus (COVID-19) pandemic, see Practice Note: Coronavirus (COVID-19)—holiday and holiday pay [Archived] • on holiday and holiday issues generally, see Practice Notes: Holiday and Holiday pay It is clear that: • employees can take holiday while on furlough • the legal framework for calculating holiday pay applies to furloughed workers exactly as it applies to those not on furlough See the section of Practice Note: Coronavirus (COVID-19)—holiday and holiday pay [Archived] entitled: Furloughed workers, under the heading ‘Holiday pay’. The BEIS guidance Holiday entitlement and pay during coronavirus (COVID-19) has not been updated since it was first published in May 2020, and does not deal specifically with flexible furlough under the revised
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ARCHIVED: This Practice Note has been archived and is not maintained.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
Q&As
The coronavirus (COVID-19) pandemic has led to unprecedented social distancing measures and lockdowns being introduced. This in turn has had a significant impact on the ability of the courts, and court users, to carry out their normal functions. In order to deal with specific challenges relevant to insolvency proceedings, a new Temporary Insolvency Practice Direction was introduced on 6 April 2020. It expired on 1 October 2020 and has been replaced several times (all in the same form), the most recent version of which, the Temporary Insolvency Practice Direction Supporting the Insolvency Practice Direction (TIPD), has effect from 30 June 2021 and expires on 30 September 2021. For further details on the Practice Direction on Insolvency Proceedings which the TIPD supports, see Practice Note: The Temporary
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
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
Q&As
The Corporate Insolvency and Governance Act 2020 (CIGA 2020) inserted section 233B into the Insolvency Act 1986 (IA 1986) as part of a package of measures intended, among other things, to mitigate the economic impact of the coronavirus (COVID-19) pandemic. The first point to note is that IA 1986, s 233B only applies where a company becomes subject to a relevant insolvency procedure (as defined in IA 1986, s 233B(2)). It therefore follows that there would be no impact upon a parent company guarantee if that guarantee is triggered by, for example, the customer being unable to pay its debts in circumstances where the customer has not (yet) entered any of the insolvency procedures specifically referred to in IA 1986, s 233B(2). This will always be a fact-sensitive
Q&As
On 17 March 2020, the government published guidance about the emergency coronavirus legislation to tackle the urgent issues that are arising as a result of coronavirus (COVID-19). One of the five key areas covered by the Coronavirus Bill is managing a death of a person with respect and dignity. The legislation will be limited in its application to a two year period and not all provisions will apply immediately. The legislation will include modifications to the current rules and regulations regarding the registration of a death and will take account of the fact that some families may be self-isolating or otherwise house-bound due to coronavirus, as well as the potential impact of the pandemic in terms of the capacity for registration and other arrangements to be made within the usual timeframe. The Coronavirus Bill 2019–21 was introduced in parliament on 19 March 2020 and the relevant provisions relating to registration of deaths and issues relating
PRACTICE NOTES
This Practice Note is archived and not maintained. This Practice Note explains the modifications and disapplications introduced by the: • Early Years Foundation Stage (Learning and Development and Welfare Requirements) (Coronavirus) (Amendment) Regulations 2020, SI 2020/444 • Early Years Foundation Stage (Learning and Development and Welfare Requirements) (Coronavirus) (Amendment) (No 2) Regulations 2020, SI 2020/939 • Early Years Foundation Stage (Learning and Development Requirements) (Coronavirus) (Amendment) Order 2021, SI 2021/234 to the: • Early Years Foundation Stage (Learning and Development Requirements) Order 2007, SI 2007/1772 • Early Years Foundation Stage (Welfare Requirements) Regulations 2012, SI 2012/938 The Early Years Foundation Stage (EYFS) statutory framework sets the standards that all early years providers must meet to ensure that children aged 0 to 5 learn and develop well and are kept healthy and safe. As part of the national response to the coronavirus (COVID-19) pandemic, local authorities undertook a wide range of essential and additional functions, while also contributing to local
Q&As
A break clause allows the landlord or the tenant to exercise the option to bring a tenancy to an end before the expiration of the fixed term. Such clauses allow an element of flexibility and are increasingly common particularly in response both to the financial crash in 2008 and the coronavirus (COVID-19) pandemic. Many tenants wish to afford themselves protection by the ability to exit a fixed term tenancy before the end of the term and thus are likely to insist on such clauses. When considering service of a break notice, first recourse should be had to the terms of the lease. The lease may specify the manner in which notices are to be given including where