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Q&As
At present, no measures have been enacted specifically to deal with swearing affidavits in circumstances where the deponent and the officer administering the oath are required to avoid unnecessary social contact. However, the Law Society will be providing guidance on this issue imminently. Since publication of this Q&A, the Law Society has published: Our position on the use of virtual execution and e-signature during the coronavirus (COVID-19) pandemic. Thought should be given, in the first instance, to whether a sworn affidavit is strictly necessary. The court has a general power to control evidence and could exceptionally dispense with an affidavit (where it might otherwise be required) in favour of a witness statement: CPR 32.1(1)(b) and (c). A party could also apply for permission to rely on a ‘defective’ affidavit: CPR PD 32, para 25. Depending
Q&As
The cirumstances created by the coronavirus (COVID-19) pandemic raise particular challenges for the creation of lasting powers of attorney (LPAs) due to their strict execution requirements, with the donor, their certificate provider(s) and each attorney and replacement attorney being required to sign the LPA form in the presence of a witness. For detailed guidance on LPA execution formalities, see Practice Note: Creating a valid LPA—Execution requirements. The creation of electronic LPAs has been the subject of much discussion and consultation over the years. The 2013 Ministry of Justice consultation Transforming the Services of the Office of the Public Guardian—enabling Digital by Default stated that it was the Office of the Public Guardian’s (OPG’s) ambition to deliver a fully digital process for making and registering an LPA, where the whole process could be completed online, removing the need for paper forms. However, these proposals received strong criticism from leading professional bodies and the consultation was consequently
NEWS
Dispute Resolution analysis: The court held that a failure to comply with the requirements of CPR 3.6 carries with it an implied sanction and accordingly a defaulting party will require relief from sanctions in order to proceed with its application. This case is an important reminder of the need for applications under CPR 3.6 to be made within the prescribed time limit and to be supported by evidence. The 14-day time limit provided by CPR 3.6 is deliberately short as parties are entitled to finality in proceedings. Accordingly, a failure to make a valid application within the time limit is likely to constitute a serious and significant breach. The case also considered whether the current global pandemic coronavirus (COVID-19) constitutes a good reason for a breach of a court order, practice direction or rule. The court held that the pandemic and the fact that one of the parties had been self-isolating was not in itself a good reason for the delay. Written by Nicole Bollard, barrister, at 3PB Barristers.
Q&As
During the coronavirus (COVID-19) pandemic, many employees have been working from home either: • during lockdown periods, as a result of the legal prohibition on leaving home unless an exception applies, eg it is reasonably necessary for them to leave or be outside the home for the purposes of work • at other times, as a result of government guidance, eg that everyone should work from home if they can For further information, see: • Practice Note: Coronavirus (COVID-19)—national lockdown restrictions 6 January to 28 March 2021 [Archived], in particular section: Working from home or in the workplace • Practice Note: Coronavirus (COVID-19)—managing the workplace to 18 July 2021 [Archived], in particular section: Where employees should work In addition, as set out in the BEIS Working safely guidance (see eg the Offices and contact centres guidance),
Q&As
In order to be granted a save as you earn (SAYE) option, the option holder must enter into an HMRC-certified savings arrangement. At the outset, the employee must select how much they intend to contribute from their monthly salary under the savings arrangement during the applicable savings period. Each monthly contribution cannot be more than the maximum individual limit which applies under the SAYE legislation (which is currently £500 per month) and the scheme cannot require a minimum contribution of more than £10 per month. From the 1 September 2018, the terms of the SAYE prospectus allow an employee to delay the payment of monthly contributions, by up to 12 occasions in total, without causing the savings contract to be cancelled prematurely but if the participant fails to make a contribution on the due date for a thirteenth occasion the employee is
Q&As
An employer must ensure, so far as is reasonably practicable, the health, safety and welfare at work of their employees. Failure to do so is a criminal offence. This core duty extends to the provision of plans and systems of work that are safe and without risks to health, and the provision of such information, instruction, training and supervision as is necessary to ensure the health and safety at work of employees. It is important to remember that this duty extends to both physical and mental health. For further information, see Practice Note: Coronavirus (COVID-19)—managing the workplace to 18 July 2021 [Archived] under ‘Health and safety considerations’. In relation to pregnancy, an employer has the following mandatory duties at all times (and not just during the coronavirus pandemic): • a general duty on employers to carry out a general risk assessment where they employ women of child-bearing age, in respect of processes, working conditions, or physical, biological or chemical agents which
Q&As
This Q&A considers whether it is possible to delay publishing your organisation’s annual slavery and human trafficking statement as a result of the coronavirus (COVID-19) pandemic. It also suggests some particular areas of modern slavery risk that may need to be addressed by your organisation and reflected in your statement. Slavery and human trafficking statements Section 54 of the Modern Slavery Act 2015 (MSA 2015) requires certain organisations to produce and publish an annual slavery and human trafficking statement. The statement must set out: • the steps you have taken during the financial year to ensure slavery and human trafficking is not taking place in any part of your supply chains or your own business, or • that you have taken no such steps The statement must be approved by, eg the board of directors of a company or the members of an LLP, and signed by an appropriate
NEWS
The Department of Health and Social Care, Foreign, Commonwealth & Development Office, UK Health Security Agency, the Rt Hon Baroness Chapman of Darlington and Ashley Dalton MP have announced that, on 20 May 2025, 124 Member States including the UK, adopted the Pandemic Agreement at the World Health Assembly in Geneva. The agreement aims to strengthen global co-operation in the prevention, detection and response to future pandemic threats, while maintaining national sovereignty. It establishes faster mechanisms for pathogen and pathogen data sharing, supporting the UK’s ability to accelerate the development of vaccines, treatments and diagnostic tools.
Q&As
This Q&A assumes that the shares to be valued are in a private company. The basic rule is that the market value of unquoted shares or securities is the price which those assets might reasonably be expected to fetch on a sale in the open market between a hypothetical willing seller and a hypothetical willing buyer. The transaction is assumed to take place in the open market based on information which is available in the public domain, including published information and matters of genuine public knowledge. (see: HMRC Capital Gains Manual: CG59540) In these circumstances,
Q&As
This Q&A explains the impact of the enactment of Part 1 of Schedule 16 to the Coronavirus Act 2020 (CA 2020) and CA 2020, ss 37–38, requiring the temporary closure of educational institutions and childcare premises and consequent temporary relaxation of the duty on a local authority under section 19 of the Education Act 1996 (EA 1996) to secure exceptional provision of education and the removal of the offences of failing to secure attendance EA 1996, ss 437–444. In particular it covers the consequent government decision to cancel all primary school assessments including assessment against the early learning goals that form the Early Years Foundation Stage profile and SATs. It covers the necessary amendments to legislation introduced by the Education (National Curriculum) (Key Stages 1 and 2 Assessment Arrangements)
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The UK government has published a new pandemic preparedness strategy, alongside a £1 billion investment in health protection and its response to the UK Covid-19 Inquiry’s Module 2 report, aimed at strengthening resilience and addressing weaknesses identified during the pandemic. The strategy replaces the 2011 UK Influenza Pandemic Preparedness Strategy and adopts an ‘all hazards’ approach to improve preparedness for a broader range of biological threats, reflecting Inquiry findings on shortcomings in governance, coordination and decision-making. It has also been informed by early findings from Exercise Pegasus, a nationwide pandemic simulation conducted in Autumn 2025 involving government departments, devolved administrations and external stakeholders. As part of the reforms, an ‘All Pandemic Hazards Bill’ will be drafted to ensure legislative options are available to respond effectively to future pandemics, while the £1 billion funding package will support enhanced surveillance, response capability and overall health system resilience. The measures follow the UK Covid-19 Inquiry’s third report, which found that the UK entered the pandemic with limited healthcare resilience and that although systems did not collapse, this came at the cost of reduced care standards, treatment delays and poorer patient outcomes.
NEWS
The European Commission has launched BE READY, a partnership for pandemic preparedness aimed at strengthening the EU’s capacity to anticipate, prevent and respond quickly to epidemics and pandemics. The partnership, funded with €120m from the Horizon Europe budget, focuses on advancing research on emerging and re-emerging pathogens and accelerating the development of diagnostics, treatments and vaccines. BE READY is co-ordinated by the French ANRS-MIE and brings together 81 organisations from 27 countries. The partnership operates through three key pillars: (1) aligning national research priorities among participating countries; (2) supporting multi-national research through joint transnational calls and (3) integrating all key components of the research ecosystem.