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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.
NEWS
Arbitration analysis: This case involved a breach of contract claim between a Canadian seller and a US (Minnesota) buyer for the sale of hand sanitisers during the early stages of the coronavirus (COVID-19) pandemic. Although the US buyer alleged that the UN Convention on Contracts for the International Sale of Goods (CISG) constituted an ‘impermissible new theory of liability at the summary judgment stage’, the court held that the CISG applied because the sales contract had been executed between parties of contracting states, Minnesota law governed the contract, and the parties had (neither explicitly nor implicitly) opted-out of the CISG. The court further ruled that an invoice was not a condition precedent in a cash-on-delivery (COD) contract. Finally, repudiating from US case law, the court held that attorneys’ fees were recoverable as foreseeable damages under CISG Art 74. Written by Gizem Alper, independent international legal and ADR advisor.
PRACTICE NOTES
UPDATE (30/11/21): The Prime Minister announced on 27 November 2021 new, temporary measures to respond to the emergence of UK cases of the Omicron variant. Travel restrictions have been implemented in relation to arrivals from Southern Africa, with a number of countries being placed on the red list. Furthermore, from 30 November all international arrivals, regardless of where they are travelling from, are required to take a Day 2 PCR test and self-isolate until they receive a negative test result. For further information, see Practice Note: Coronavirus (COVID-19)—sickness and other absence [Archived]. Measures to slow the spread of the virus in the UK include the requirements that, from 30 November, (a) face coverings are compulsory in shops and other settings such as banks, post offices and hairdressers, as well as on public transport (but not in hospitality settings)—the Health Protection (Coronavirus, Wearing of Face Coverings) (England) Regulations 2021, SI 2021/1340, and (b) all contacts of suspected Omicron cases must self-isolate for ten days, regardless of their age or vaccination status—the
NEWS
This week's edition of EU Law weekly highlights includes the publication of new Regulations governing F-gases and ozone depleting substances in the Official Journal and provisional political agreement being reached on the prolongation of an interim measure to tackle online child sexual abuse, revisions to the Ambient Air Quality Directive and on new EU carbon removals certification rules. In addition, the European Commission has opened its first in-depth investigation under the Foreign Subsidies Regulation (EU) 2022/2560 (the FSR), the European Artificial Intelligence Office (EAIO) has been formally established, and the European Association of Medical devices Notified Bodies (Team-NB) has released a position paper with its recommendations on the classification of devices intended to detect the presence or the exposure to SARS-CoV-2 post-pandemic. Notable decisions in the courts this week include rulings on Regulation (EC) No 261/2004 (the Air Passengers Rights Regulation) and the validity of a Lego toy brick design.
NEWS
The National Crime Agency (NCA) has announced that Jogesh Bhandari, Craig Morris and Meenakashi Bhandari were convicted at Leicester Crown Court on 15 July 2026, following an investigation into a series of fraudulent personal protective equipment (PPE) deals carried out during the coronavirus pandemic. Between 2020 and 2021, Jogesh Bhandari, who owned and controlled a company involved in the scheme, fraudulently obtained millions of US dollars by falsely claiming he could supply PPE. The offending involved the use of forged financial documents and a fraudulent escrow arrangement operated by co-conspirator Frank Labruzzo, who was previously convicted in the US. According to the NCA, the proceeds of the fraud were used to repay personal debts and fund luxury purchases, including vehicles, jewellery, travel and home improvements. Meenakashi Bhandari was convicted of money laundering for handling the criminal proceeds, while Craig Morris was convicted for his role in the fraudulent transactions. The three defendants are due to be sentenced on 21 August 2026.
NEWS
Restructuring & Insolvency analysis: Cineworld was one of the largest cinema chains in the world, with hundreds of sites and thousands of screens. It suffered a steep decline in ticket sales due to the coronavirus (COVID-19) pandemic, and the loss of revenue resulted in the reduction in the liquidity of the group. Although creditors were initially prepared to support the cinema chain, in due course the creditors wanted to see a restructuring. Following the approval of the US Bankruptcy Court to a reorganisation plan, a condition of which was that Cineworld Group plc (‘the Company’) would be placed into administration, the directors of the Company applied for an administration order. The court was required to consider its jurisdiction to make an administration order. Written by Katie Farmer, partner at Trowers & Hamlins LLP
NEWS
The European Commission has launched two initiatives under its Preparedness Union Strategy: the EU stockpiling strategy and the medical countermeasures strategy. The Commission notes that these strategies are intended to improve access to essential goods and medical countermeasures for citizens, businesses and economies across the EU. They are designed to ensure continuity of supply during crises such as major energy blackouts, natural disasters, conflicts or pandemics. The strategies aim to address vulnerabilities in supply chains, reduce dependency on external sources and reinforce the EU’s ability to respond to all-hazard threats. They are informed by recent crises, including the COVID-19 pandemic and the war in Ukraine, and promote a more coordinated and anticipatory approach across Member States. Implementation is to be supported by the EU Stockpiling Network and the Preparedness Task Force, with a review scheduled for 2026.
NEWS
Arbitration analysis: This case involved a dispute between Garuda Indonesia’s French subsidiary, Garuda Indonesia Holiday France (Garuda France), which faced financial difficulties due to the coronavirus (COVID-19) pandemic, and one of its aircraft lessors, Greylag Goose Leasing 1446 Designated Activity Company (Greylag). Greylag sought US$43,635,485, for unpaid rent and most of the maintenance reserves owed. While the dispute was subject to arbitration proceedings conducted under the rules of the Singapore International Arbitration Centre (SIAC), Greylag sought to initiate parallel recovery proceedings against Garuda France. This application was however dismissed by the Paris Commercial Court on 25 November 2022. The Paris Court of Appeal rejected Greylag’s appeal from this decision on 14 December 2023. Considering the requirement, under French law, that a claim must be certain for a creditor to commence recovery proceedings, the judge inferred from the ongoing arbitration proceedings that Greylag’s claim remained uncertain. Written by Sara Nadeau-Seguin, partner at Teynier Pic.
PRACTICE NOTES
UPDATE (22/2/22): As announced by the Prime Minister on 21 February 2022, the Cabinet Office has published the government’s COVID-19 Response: Living with COVID-19, which sets out the government plan to remove the remaining coronavirus (COVID-19) domestic legal restrictions in England from 24 February 2022. For more information, see: LNB News 22/02/2022 8 and News Analysis: Coronavirus (COVID-19)—How should employers respond to the scrapping of self-isolation rules?. For information on the position from 24 February, see Practice Note: Living with coronavirus (COVID-19) in the workplace from 24 February 2022 [Archived]. This Practice Note has been archived and is no longer maintained. This Practice Note has been archived and is no longer maintained. It reflects the position under the Cabinet Office COVID-19 Response: Autumn and Winter Plan 2021 and guidance on how to stay safe and help prevent the spread before the 24 February 2022 changes. For information on the position from 24 February 2022, see Practice Note: Living with coronavirus (COVID-19) in the workplace from 24 February 2022 [Archived]. For
NEWS
Dispute Resolution analysis: Travelport and 12 others sought declarations and specific performance to the effect that Wex was contractually obliged to complete the purchase of two groups of companies engaged in the business of facilitating payments in the travel industry. The agreed price for the purchase was approximately $US 1.77bn. The court had ordered the trial of 11 preliminary issues (some of which included sub-issues) on an expedited basis because the completion date was imminent. The contract included a material adverse effects (MAE) clause. Wex sought to invoke this clause in order to avoid completion, relying on the effects of the coronavirus (COVID-19) pandemic. This analysis is concerned only with the burden of proof and with issues surrounding the proper construction of a MAE clause. Written by Charles Joseph, barrister, at Tanfield Chambers.
NEWS
The Health and Safety Executive (HSE) has published its annual statistics, reporting 124 worker fatalities in Great Britain between April 2024 and March 2025. This marks a decrease of 14 compared to the previous year and remains consistent with pre-pandemic levels. The construction industry recorded the highest number of deaths at 35, followed by agriculture, forestry and fishing with 23 deaths; the latter also had the highest fatal injury rate per 100,000 workers. Falls from height were the leading cause of fatal injuries, accounting for over a quarter of the total. An additional 92 members of the public died in work-related incidents during the same period. The HSE has also released data on mesothelioma, showing 2,218 deaths in 2023 due to past asbestos exposure. This figure is 62 fewer than in 2022 and below the ten-year average of 2,508 deaths per year from 2011 to 2020. The HSE expects the decline to continue as historical exposures diminish.
NEWS
The International Swaps and Derivatives Association (ISDA) has announced the launch its new Notices Hub platform on 15 July 2025, addressing critical challenges in delivering derivatives termination notices. The platform aims to replace physical delivery requirements in ISDA Master Agreements, solving problems that emerged during pandemic lockdowns and the Ukraine invasion when office closures and safety concerns made physical delivery difficult. The platform will feature secure online delivery, automatic alerts to designated recipients, and the ability to update physical address details across all agreements through a single entry. The service will be free for buy-side firms, with dealers receiving a two-year discount for early adoption. ISDA has opened a free pre-adherence process for firms to sign the protocol updating their agreements. The platform will also allow for the exchange of waivers, such as those for net asset threshold events, bringing structure to what has traditionally been an ad hoc process.