Refine By
Clear all filter
About 628 results for "pandemic"
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. CORONAVIRUS (COVID-19): Many arbitral organisations have responded to the coronavirus pandemic with practical guidance and/or changes to their usual procedures and ways of working. This Practice Note considers the expedited procedure included in the International Chamber of Commerce (ICC) Rules of Arbitration in force from 1 March 2017 (2017 ICC Rules). The introduction of an expedited procedure was the most significant change introduced by the 2017 ICC Rules and brought the ICC’s Rules in line with other arbitral institutions, such as the Singapore International Arbitration Centre and Arbitration Institute of the Stockholm Chamber of Commerce, which provide mechanisms for fast-track resolution of disputes. Under the ICC expedited procedure, proceedings may be concluded within six months. The 2017 ICC Rules also contain amended ICC costs provisions effective from 1 January 2017. For detailed guidance on costs in ICC proceedings, see Practice Note: ICC (2017)—fees, advances and costs [Archived]. Any references to the ICC Rules in this Practice Note relate to the ICC Rules
PRACTICE NOTES
A member’s right to appoint a proxy is governed by the Companies Act 2006 (CA 2006). In addition to the statutory provisions, companies are entitled to confer more extensive rights in relation to the appointment of proxies in their articles of association. A traded company has to comply with additional requirements in the CA 2006 in relation to the appointment of proxies. This Practice Note also summarises those additional requirements. For examples of different types of proxy form, see Precedents: • Short-form proxy form for the general meeting of a private company or unlisted public company • Long-form proxy form for a general meeting of a private company or unlisted public company • Proxy form for a general meeting of a listed company This Practice Note does not cover voting by proxy. See Practice Note: Voting by proxy. For information on the appointment of a corporate representative as an alternative to a proxy see Practice Note: How to appoint one or more corporate representatives. Holding hybrid general meetings and AGMs Since the coronavirus (COVID-19) pandemic, more companies
PRACTICE NOTES
Construction projects often by their nature can be affected by volatile economic conditions or events which impact the price and availability of the products, materials and labour necessary to carry out the works. This, in turn, can lead to delay or disruption, and cost overruns can be frequent, particularly on larger projects. For example, among the challenges faced by the UK construction industry in 2021 were shortages and soaring costs of key goods and materials, which adversely impacted productivity in several sectors. Increases in the global demand for construction products in the aftermath of the worst effects of the coronavirus (COVID-19) pandemic in 2020 which had a detrimental effect on manufacturing capacity throughout the world, combined with lowered distribution capacity and other conditions impacted supply chains at every point, leading to price rises, prolonged lead times and unavailability. Among the materials affected were timber, steel, cement, roof tiles, paints and electrical components. In 2022, these challenges were further exacerbated by the outbreak of war between Ukraine and Russia, which had the twin effect of
PRACTICE NOTES
This Practice Note is one of a series of notes covering National Non-Domestic Rates (NNDR). It covers business improvement districts (BIDs), explaining what they are and how they are created and funded. It also covers business rates supplements and retention of NNDR by local authorities. What are business improvement districts? Section 41 of the Local Government Act 2003 (LGA 2003) provides for the introduction of BIDs. This allows a billing authority to place an additional levy on ratepayers in the BID area to fund projects providing additional services or improvements for the benefit to the local community (defined broadly as ‘those who live, work or carry’ on any activity in the district. Two or more billing authorities may agree to establish BIDs (known as joint arrangements) in respect of a BID which spans authority boundaries. BID scheme bodies are classed as a ‘relevant body’ for the purposes of the Localism Act 2011. BID Schemes which existed during the coronavirus (COVID-19) pandemic were extendable; though nothing prevented the
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note explains the changes to the Special Educational Needs and Disability Tribunal based on the impact of the Tribunal Procedure (Coronavirus) (Amendment) Rules 2020, SI 2020/416 on the Tribunal Procedure (First-tier Tribunal) (Health, Education and Social Care Chamber) Rules 2008, SI 2008/2699 (HESC Rules 2008). It should be read in conjunction with the Practice Note: Special Educational Needs and Disability Tribunal (SENDIST)for the underlying procedural rules. These temporary measures have been taken to protect public health and to ensure the continued administration of justice during the pandemic. Remote hearings will continue until at least the end of the academic year in 2022. SENDIST anticipates that video hearings will continue beyond, with the option of hybrid or face to face hearings where necessary. What amendments to the Health, Education and Social Care Chamber tribunal are introduced by the Tribunal Procedure (Coronavirus) (Amendment) Rules 2020, SI 2020/416? The Tribunal Procedure (Coronavirus) (Amendment) Rules 2020, SI 2020/416 makes a number of changes to the HESC
PRACTICE NOTES
ARCHIVED: This Practice Note is archived and is not maintained. This Practice Note explains the changes introduced by the: • Early Years Foundation Stage (Miscellaneous Amendments) and Childcare Fees (Amendment) Regulations 2021, SI 2021/432 (in force from 1 September 2021) 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 0–5 learn and develop well and are kept healthy and safe. As part of the national response to the coronavirus (COVID-19) pandemic, local authorities are undertaking a wide range of essential and additional functions, while also contributing to local resilience planning and continued delivery of local services. This legislation has been introduced to support early years providers during the present outbreak of coronavirus in England, by ensuring sufficient flexibility in supporting the ability to easily
CHECKLISTS
This Checklist has been archived and is not maintained. CORONAVIRUS (COVID-19): Many arbitral organisations have responded to the coronavirus pandemic with practical guidance and/or changes to their usual procedures and ways of working. For links to guidance on the 2021 ICC Rules (in force 1 January 2021) and the 2012 ICC Rules, see: ICC arbitration—overview. Pre-arbitration Day 0 Day 30 Day 60 If commencing arbitration, the claimant should consider:• the arbitration agreement• any limitation issues• alternative dispute resolution (ADR) provisions A party requiring urgent relief may commence emergency arbitrator proceedings (ICC, App V, art 29), see Practice Note: ICC (2017)—emergency arbitrator proceedings [Archived]A copy of the ICC Arbitration Rules 2017 are available here The claimant’s Request for Arbitration (the Request) will be received by the International Chamber of Commerce (ICC) Secretariat (with filing fee) (ICC, art 4(3))—see Practice Note: ICC (2017)—fees, advances and costs [Archived] The respondent will file the Answer to the Request and any counterclaims within 30 days of notice of Request from
PRACTICE NOTES
This Practice Note provides a step-by-step process for analysing and invoking a force majeure clause. It must be read in conjunction with Practice Note: Force majeure—consequences and contract discharge. This illustration indicates the steps involved in determining the effective use of a force majeure clause: Stage 1—is there a force majeure clause? There is no legal concept in English law of ‘force majeure’ (contrast this with countries which apply a civil code specifically recognising force majeure, eg France). Therefore if your client wishes to avoid or limit their liability because of an inability to perform caused by an event such as, eg the coronavirus (COVID-19) pandemic (as was seen in 2020) or the imposition of financial sanctions against Russian entities and individuals/impact of Russia’s invasion of Ukraine in February 2022, then you will need to check that the relevant agreement contains a force majeure clause. For guidance on breaching contractual terms due to financial sanctions more generally, see Practice Note: Statutory controls in contract breach scenarios. As with any contractual clause, how the force
PRACTICE NOTES
This Practice Note summarises how the common law doctrine of frustration may operate to discharge an agreement and the legal consequences of a contract being frustrated, including issues of partial frustration, party at fault (self-induced frustration) and examples of types of frustrating event. See also Practice Notes: • Frustration event analysis—a practical guide • Frustration—key and illustrative decisions For guidance on drafting a notice asserting frustration of a contract, see Precedent: Contract frustration notice. Interest in the doctrine of frustration particularly came to the fore in light of world events such as the coronavirus (COVID-19) pandemic in 2020 and Russia’s invasion of Ukraine in 2022 and the attendant imposition of sanctions against Russian entities. The 2026 conflict in the Middle East and Iran’s effective closure of the Strait of Hormuz will likely result in similar interest in this area, see News Analysis: The Middle East conflict—key legal issues for commercial entities. Links to general guidance with regard to contractual relations and these world events is provided in the world events section below. Frustration is distinct
PRACTICE NOTES
Civil justice reform: see Practice Note: Civil justice reform in Scotland—virtual hearings and electronic submission of documents for guidance on the current rules and practice in the Scottish civil courts in relation to virtual hearings and the electronic signing, transmission and lodging of documents. In particular, the Act of Sederunt (Electronic Signature and Electronic Transmission of Documents) 2025, SSI 2025/302 came into force on 1 December 2025, making permanent the rules on electronic signatures and electronic transmission/lodging of documents which were introduced during the coronavirus (COVID-19) pandemic. This Practice Note offers practical and procedural guidance on ordinary actions proceeding in the Court of Session. For information on: • substantive and procedural matters that should be considered before commencing a civil action in the Scottish courts, including the jurisdiction of the Court of Session, see Practice Note: Starting a civil claim in Scotland • the role of the Court of Session, how it is constituted and the binding nature of its judgments, see Practice Note: Civil court structure
PRACTICE NOTES
ARCHIVED: This archived Practice Note sets out the guidance in Practice Notice by the Senior Costs Judge—Hearings and Detailed assessments in the Senior Courts Costs Office. It explains how hearings and detailed assessments are dealt with in the Senior Courts Costs Office (SCCO). It is not maintained and is for background information only. It makes it clear that due to the hard work of the court staff, together with practitioners willingness to adapt, very few costs hearings in the SCCO have had to be adjourned during the current pandemic. The purpose of the judicial Practice Note is to put in place clear guidance as to how hearings and detailed assessments will be conducted in the SCCO. This Practice Note sets out the different issues covered in the judicial Practice Note and provides links through to useful underlying guidance. NOTE: CPR PD 51O has been revoked but this guidance note for detailed assessment has not yet been updated to reflect this position. CPR PD 5C (CE-File electronic filing and case management
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. CORONAVIRUS (COVID-19): Many arbitral organisations have responded to the coronavirus pandemic with practical guidance and/or changes to their usual procedures and ways of working. Parties using arbitration may designate an arbitral institution, such as the International Chamber of Commerce (ICC), to administer the arbitration according to its rules, or proceed ad hoc outside an institutional framework. In ad hoc proceedings, the parties may agree that the ICC act as appointing authority which may include appointing any arbitrator in default of agreement by the parties. It should also be noted that parties may opt for an appointing authority even where the arbitration is proceeding under separate institutional rules. The ICC has specific rules (in force from 1 January 2018) regarding its role as an appointing authority in United Nations Commission on International Trade Law (UNCITRAL) and other arbitration proceedings, including other institutional proceedings (2018 ICC Appointing Authority Rules). Where the ICC is to act as appointing authority in these circumstances,