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NEWS
Immigration analysis: Partner Jennifer Stevens, PSL team co-ordinator Joshua Hopkins and paralegal Milo Grounds of Laura Devine Immigration look at the ‘unsuitable’ requirement for Tier 2 (General) migrants to obtain written confirmation from their employer that they will be required in the role for the ‘foreseeable future’, when applying for indefinite leave to remain. The article also looks at how employers may refuse to provide the confirmation, amid the coronavirus (COVID-19) pandemic.
NEWS
Insurance & Reinsurance analysis: The latest coronavirus (COVID-19) BI judgment to be handed down in the English courts deals with aggregation of losses under the Aon Trio policy wording. The claim was pursued by Pizza Express, whose 475 restaurants were all subject to coronavirus lockdown restrictions in 2020. The question before the court was not one of coverage but whether, if coverage could be established, the relevant £250,000 sublimit in the Policy applied in the aggregate to all Pizza Express’s losses arising from one source or original cause. On the insurers’ case, this limited the value of Pizza Express’s claim to £250,000, while on Pizza Express’s case the insurer would be liable to indemnify Pizza Express in full to the tune of £178m. The court determined that insurers were right to argue that the aggregating provision contained within the definition of ‘Occurrence’ applied to the clauses in question, meaning that Pizza Express’s covered losses under the Policy would be aggregated by reference to a single source or original cause. Written by Aaron Le Marquer, head of policyholder disputes at Stewarts.
Q&As
Many businesses are closing their offices or recommending their staff work from home in an attempt to slow the spread of coronavirus (COVID-19). This will mean parties may not be able to meet in person to execute documents. What is a deed? A deed is a written instrument which is executed with the necessary formality and by which an interest, right or property passes or is confirmed, or an obligation binding on some person is created or confirmed. Deeds should be contrasted with simple contracts under English law that (unlike a deed) may be made in writing without the formalities required for a deed or orally.  Deeds are required for: • powers of attorney • leases and transfers of land • mortgages and charges over land • appointment of trustees They are also often used for guarantees or where there is no consideration given in exchange for a contractual
Q&As
Many businesses are closing their offices or recommending their staff work from home in an attempt to slow the spread of coronavirus (COVID-19). This will mean parties may not be able to meet in person to execute contracts. The Law Society guidance The Law Society provides guidance on how to execute documents when one or more parties to a contract are not physically present. It envisages exchanging copies of signed signature pages via email: Law Society Guidance: Execution of documents by virtual means. The available methods will depend on whether the document to be executed is a deed, guarantee to be executed as a deed or a contract for the sale and transfer of real property. Option 1 is appropriate for the execution of
NEWS
This week's edition of Insurance & Reinsurance weekly highlights includes: FCA rejects business coronavirus (COVID-19) claim deadline extension application; BOC Aviation reaches settlement with Cathedral Capital over stranded planes, plus key cases and dates for your diary.
NEWS
This week's edition of Property Disputes weekly highlights includes High Court decisions on the ‘fault grounds’ for opposing a new lease under the Landlord and Tenant Act 1954 and on drainage rights, a summary of recent measures and guidance on coronavirus (COVID-19), an analysis of the Supreme Court’s judgment in the coronavirus business interruption test case, and Upper Tribunal decisions on residential service charge demands and the effect of the acquisition of the right to manage.
PRACTICE NOTES
ARCHIVED: This Practice Note provides details of the various versions of the Department for Work and Pensions (DWP) guidance on the Kickstart Scheme, and provides tracked change versions, showing 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. For information on the Kickstart Scheme generally, see Practice Note: Kickstart Scheme—CLOSED. Separate sections of this Practice Note cover: • the Apply for a Kickstart Scheme grant guidance • the Help employers with the Kickstart Scheme (Kickstart gateway) guidance • Kickstart Scheme terms and conditions • the Check if you can apply for a grant through the Kickstart Scheme (withdrawn) guidance • the Check if you can apply for a Kickstart Scheme grant on behalf of a group of employers (withdrawn) guidance • the Apply for a Kickstart Scheme grant: 30 or more job placements (withdrawn) guidance • the Apply for a Kickstart Scheme grant: 29 or less job placements (withdrawn) guidance • the
PRACTICE NOTES
An introduction to the legislation Corporate Insolvency and Governance Act 2020 Expedited by the coronavirus (COVID-19) pandemic, the Corporate Insolvency and Governance Act 2020 (CIGA 2020) was introduced to the House of Commons on 20 May 2020 and received royal assent on 25 June 2020. The aim of CIGA 2020 is to promote a rescue culture to ensure companies in financial difficulties have greater opportunities to restructure and avoid formal (more often than not, terminal) insolvency processes during the coronavirus crisis and beyond. It is therefore a comparatively debtor friendly piece of legislation. It legislated for temporary measures announced by the government as part of its coronavirus response but, more significantly, it introduced permanent new tools into the UK corporate insolvency and restructuring framework. In this Practice Note, we provide summary information on the changes to insolvency and restructuring law set out in CIGA 2020 with a view to drawing out key issues and discussion points
PRACTICE NOTES
Background The coronavirus (COVID-19) pandemic has led to unprecedented social distancing measures and lockdowns being introduced by governments around the world. In the UK, this has had a significant impact on the ability of the courts, and court users, to carry out their normal functions. In response, the courts are operating under new protocols and procedures—see Practice Note: Coronavirus (COVID-19)—Changes to the court process in insolvency proceedings [Archived]. To supplement these changes, and in order to deal with specific challenges relevant to insolvency proceedings, a new Temporary Insolvency Practice Direction ( TIPD ) was introduced with effect from 6 April 2020—see: Issue 96 of Insolvency Service’s Dear IP published, LNB News 06/04/2020 90. The TIPD expired on 1 October 2020 and was replaced by the Temporary Insolvency Practice Direction Supporting the Insolvency Practice Direction (in force from 1 October 2020 until 31 March 2021). This has since been replaced by further temporary practice directions, the most recent of which expires on 30 September 2021—see Practice Note: The Temporary Insolvency Practice Direction Supporting
PRACTICE NOTES
Monthly round-up of international merger control developments for March/April 2020. This month has seen the entry into force of the new pre-merger control regime in Uruguay, confirmation of the new regime in Vietnam (which enters into force next month), the annual threshold revision in Italy, confirmation that the Canadian thresholds will not change this year; additionally, a large number of competition authorities are also taking action in relation to the coronavirus (COVID-19) outbreak that impacts merger control reviews. Coronavirus (COVID-19) Responses—impact on merger control reviews Competition authorities around the world are starting to announce measures that will impact merger control reviews. In order to keep track of these measures in this fast-moving and unprecedented situation, we have published a new document that summarises these developments. This is available here - MJ merger control–competition authorities and coronavirus (COVID-19) status [Archived]. Vietnam—amended merger control regime with new thresholds to enter into force next month The Implementing Decree providing details on the amendments to the competition law in Vietnam, including major changes to the merger control regime, has
NEWS
Banking & Finance analysis: Collateralised loan obligation (CLO) transactions have long been a prolific investor in sub-investment grade corporate debt both in Europe and the US. The combination of the outbreak of SARS-CoV-2 and the related respiratory disease (coronavirus (COVID-19), the impact of coronavirus on such corporate debt and the CLO market’s reliance on such corporate debt has, very quickly, created a perfect storm affecting various aspects of the European CLO market. Claire Puddicombe, David Quirolo, and Daniel Tobias, all partners at Cadwalader Wickersham & Taft LLP discuss the impact of COVID-19 on the European CLO market.
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. The coronavirus (COVID-19) pandemic and resulting lockdowns and social distancing measures introduced by the UK government have had a profound effect on businesses and the economy. On 20 March 2020, the government announced that businesses including restaurants, pubs and leisure centres must close, and on 23 March 2020 a full lockdown was introduced, sending huge parts of the private sector into hibernation. The forced closure of businesses has threatened the financial health of many previously successful companies, while for those already struggling it has proved to be the tipping point. In order to mitigate the economic consequences of coronavirus and keep the economy on life support, the government introduced a range of measures, from financial support initiatives to legislative reform. For further details of the financial support available, see Practice Note: Coronavirus (COVID-19)—summary of government financial support to businesses. In order to protect commercial tenants, the government announced its intention