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Q&As
This Q&A assumes that both the contract with the supplier and the contract with the customer are subject to English law. Breach of contract There are two potential breaches in the scenario—that of the supplier of the components to the owner and that of the owner to the customer. The breach is the failure to supply the relevant goods or delay in doing so. The principles outlined below would be applicable to either breach. The remedies available are damages for breach of contract for loss suffered and/or termination of the contract. See: Remedies for breach of contract—overview. In the absence of a specific termination right covering the relevant circumstances, a contract cannot automatically be terminated by the innocent party in the event of a breach. In order to justify termination, the breach must be serious enough
NEWS
The Welsh Government has announced that a mental health support scheme for doctors, free of charge, is to be expanded in order to support and advise all front-line NHS staff in Wales during the coronavirus (COVID-19) pandemic. The health crisis has led over 2,000 former health and social care professionals to return to work, and 60,000 NHS staff in Wales are expected to receive free support and advice through the scheme. The Welsh Government is also supporting the Health for Health Professionals Wales service via a supplementary £1m contribution, in an effort to employ more psychiatrists and medical advisers, to run additional counselling sessions and to conduct additional PTSD interventions. NHS Wales staff will have access to a confidential helpline run by healthcare professionals, as well as face-to-face counselling sessions, online resources, and self-help tools.
Q&As
Commercial tenancy The tenant will need to have regard to: • any legislation requiring closure of premises or restricting movement that is in force and the potential for this to become more restrictive • any practical issues, for example the availability of any necessary contractors and the need to plan for the possibility that the relevant people may be unable to attend due to developing coronavirus (COVID-19) symptoms or being otherwise required to self-isolate • its responsibilities to its employees and any
Q&As
Where a tenant occupies premises for the purpose of carrying out a business, it is likely that, unless the provisions of Part II of the Landlord and Tenant Act 1954 (LTA 1954) have been expressly excluded in the manner required by LTA 1954, the tenant will have security of tenure. LTA 1954, s 24 provides that a tenancy that falls within LTA 1954, Pt II will not terminate by effluxion of time but will continue on a statutory basis until terminated by the landlord or tenant in accordance with the provisions of LTA 1954, Pt II. A landlord may, pursuant to LTA 1954, s 25, gives to the tenant a notice terminating the tenancy. However, the landlord must state whether or
PRACTICE NOTES
Background The coronavirus (COVID-19) crisis has had a significant impact on businesses around the world, putting many at real risk of insolvency. Some jurisdictions have made temporary changes to their insolvency laws to assist companies (and their directors) and individuals given the current uncertainty over how long the crisis will continue and what its lasting effects will be. This Practice Note considers the position in the UK. For details on the reforms in other jurisdictions, see: Coronavirus (COVID-19) Tracker of insolvency reforms globally [Archived]. Previous proposals for reform On 26 August 2018, the government issued a response to its consultations on Insolvency and Corporate Governance, announcing several proposed changes to UK insolvency legislation. The proposals include the introduction of: • a moratorium available to all companies to allow companies to formulate restructuring proposals without creditor pressure • a new ‘restructuring plan’, being a new formal process to enable companies to cram down dissenting creditors • a prohibition on enforcement of contractual provisions permitting termination for an insolvency event in contracts and licences for the supply
NEWS
The Insolvency Service has published management information on coronavirus (COVID-19) Bounce Back Loan (BBL) recoveries in Great Britain covering May 2020 to June 2026. Criminal enforcement action has resulted in confiscation orders valued at £988,099.78, of which £581,525.71 has been paid and distributed as enforcement recoveries. Civil action has secured BBL compensation undertakings or orders totalling over £12.6 million. As at 30 June 2026, over £3.4 million had been recovered. Of the unrecovered funds, £4.7 million is subject to repayment plans, while enforcement action is being pursued in relation to a significant proportion of the remaining funds.
NEWS
The National Crime Agency (NCA) has announced that three individuals have been sentenced following its investigation into fraud involving contracts to supply personal protective equipment (PPE) during the coronavirus (Covid-19) pandemic. The investigation found that funds received under contracts to supply nitrile gloves were diverted to luxury purchases, debt repayments and home improvements rather than used for their intended purpose. Money was also moved out of an escrow account before the supply agreement was completed, and gloves intended for US hospitals were not delivered. The defendants were convicted at Leicester Crown Court following a five-week trial in July 2026. Jogesh Bhandari was sentenced to eight years’ imprisonment, while Craig Morris received three years and nine months’ imprisonment. Meenakshi Bhandari received a two-year prison sentence, suspended for two years, and must complete 250 hours of unpaid work.
NEWS
The Crown Prosecution Service (CPS) has published an update on the legal case involving Aftab Baig, who defrauded Leeds City Council of over £710,000 intended to support small businesses during the Covid-19 pandemic. Baig was sentenced to four years in prison after being found guilty on 12 February 2025 at Leeds Crown Court of three counts of fraud under s 1 of the Fraud Act 2006. The fraud was committed by making fraudulent grant claims against thirty-two Greggs properties and diverting the funds into a business account. The investigation was conducted by the National Investigation Service (NATIS), and the CPS plans to recover any assets obtained through this criminal activity.
Q&As
The term ‘force majeure’ has no independent meaning at English law. It is a creature of contract and unless the relevant customer contract includes a specific force majeure clause within it, then it will be of no effect. In general terms, a force majeure clause in a contract excuses a party from performance of that contract following: • the occurrence of an event beyond the reasonable control of the party • which has hindered performance or made it impossible Assuming that there is a specific force majeure clause in the relevant customer contract, then whether or not you can be excused from the performance of it will depend upon the particular construction of that clause and the surrounding facts. If the clause makes specific provision for an official
Q&As
For information on quarantine measures for individuals travelling to England during the coronavirus (COVID-19) pandemic, see Practice Note: Coronavirus (COVID-19)—sickness and other absence [Archived], in particular section: Quarantine measures for those travelling to England. How employers choose to deal with an employee whose holiday plans would require them to quarantine, or self-isolate, on their return may depend on: • whether the employee will be able to work from home during their quarantine period • the nature of the holiday entitlement in question, ie whether it is the employee's statutory entitlement under the Working Time Regulations 1998 (WTR 1998), SI 1998/1833 or contractual In relation to statutory basic and additional holiday entitlement, the timing of leave is regulated by WTR 1998, SI 1998/1833, reg 15. However, these rather prescriptive provisions are subject to variation or exclusion by the employment contract or another relevant agreement.
NEWS
The Insolvency Service has announced that Cardiff businesswoman Rupali Wagh was sentenced to two years and three months’ imprisonment on 17 July 2026 after pleading guilty to five counts of fraud relating to fraudulent Bounce Back Loan applications made during the coronavirus pandemic. Following an Insolvency Service investigation, it was established that between May and September 2020 Wagh fraudulently obtained £216,250 in Bounce Back Loans across four companies by inflating business turnover figures, submitting duplicate loan applications for companies that were only entitled to one loan, and making false declarations. According to the Insolvency Service, Wagh transferred much of the loan proceeds into her personal bank account, using the funds to repay personal debts, purchase stocks and shares, and make overseas transfers rather than for legitimate business purposes. During the investigation, Wagh initially attempted to attribute one of the applications to a third party before admitting that she had acted alone. The Insolvency Service is seeking to recover the fraudulently obtained funds under the Proceeds of Crime Act 2002.