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PRACTICE NOTES
ESG has become a key area for businesses globally. In a number of countries, reporting on ESG is now either mandatory or under active consideration. The effects of the climate change crisis, the global pandemic, heightened volatility in geopolitics and the energy crisis have revealed how significantly corporations can impact societies and the natural world. This Practice Note looks at the basics of ESG. It explains what it is and the challenges it poses for in-house lawyers, together with suggested areas to focus on to ensure you are able to address ESG issues for your organisation. What is ESG? At its most basic ESG is an umbrella term that describes a range of environmental, social and governance factors impacting: • the requirements organisations must meet • how they must operate, and • how they are measured ESG factors ESG factors are used to incorporate responsibility into business conduct. ‘E’ is for environmental. The E in ESG considers the impact on, and from, the natural environment and will take into account an organisation’s
PRACTICE NOTES
To a greater or lesser extent technological solutions have been employed at all stages of arbitral proceedings for decades. The coronavirus (COVID-19) pandemic and resultant travel restrictions and lockdowns necessitated an enhanced focus on how technology can be used by lawyers and arbitrators to promote fair and efficient proceedings on a global basis. Moreover, rapid advances in technology employed both by clients and in the legal sector (including the advancement in artificial intelligence (AI) technology), paired with increased cost and ESG pressures on practitioners, are placing a prominent spotlight on the way technology is employed in arbitration. When discussing technology in arbitration, it has historically been easy to think primarily in terms of e-discovery, electronic bundling and remote/hybrid hearings. However, technological concerns should and do pervade almost every aspect of an arbitration from the arbitration agreement and consideration of the underlying laws and procedural rules, to the choice of arbitrator, to case management and presentation, and even through to enforcement of the ultimate award. In addition to efficiency
PRECEDENTS
This Agreement is made on [insert date] Parties 1 [insert name], a company incorporated in [England and Wales] whose registered number is [insert company number] and whose registered office is at [insert registered office] (‘Producer’); and 2 [insert name] of [insert address] (‘Lender’) for the services of [insert name] (‘Presenter’). The parties agree: 1 Definitions and interpretation 1.1 For the purposes of this Agreement, the following words and phrases shall have the following meanings: Event of Force Majeure • means Act of God, including but not limited to fire, flood, earthquake, windstorm, or other natural disaster; act of any sovereign, including but not limited to war, invasion, act of foreign enemies, hostilities (whether war be declared or not), civil war, rebellion revolution, insurrection, military or usurped power, or confiscation, nationalisation, requisition, destruction or damage to property by or under the order of any government or public or local authority, or by imposition of government law, judgment, order or decree, sanction, embargo, or similar action, blockade or labour dispute, including but not limited to strike lockout or boycott; epidemic or pandemic; interruption or failure of utility service,
PRACTICE NOTES
This Practice Note provides an introduction to the Agreement on Fisheries Subsidies. It provides an overview of the scope, the three categories of prohibited subsidies, the notification and transparency requirements and dispute resolution. It also provides an overview of the other provisions relevant to the Agreement on Fisheries Subsidies. Introduction The Agreement on Fisheries Subsidies (AFS) was agreed to during the 12th WTO Ministerial Conference held in June 2022 in Geneva. It forms part of the number of outcomes on a series of key trade initiatives termed the ‘Geneva Package’. Some of the other outcomes include: • Ministerial Decision on TRIPS Non-violation and Situation Complaints • Ministerial Declaration on Responding to modern Sanitary and Phytosanitary Challenges • Ministerial Declaration on the Emergency Response to Food Insecurity • Ministerial Decision on the TRIPS Agreement, and • Ministerial Declaration on the WTO Response to the COVID-19 Pandemic and Preparedness for Future Pandemics Negotiations on the AFS commenced in 2001 during the Doha Round of negotiations. It is only the second multilateral agreement to have been concluded
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note tracks the developments and updates on coronavirus (COVID-19) that relate to the life sciences sector in the UK. For coronavirus developments of interest to the life sciences sector in the EU, including those which may have applied to the UK until the end of the Brexit transition period, and internationally, see Practice Note: Coronavirus (COVID-19)—EU life sciences tracker [Archived]. Jump to • Research and development of medicines and vaccines • IP waiver • Clinical trials • Regulation of medical devices • Regulation of vaccines, medicinal products and blood • Post-authorisation vigilance of medicines and vaccines • Supply of vaccines, medicines and medical products • Actions on falsified and unlicensed medicines, off-label use of medical devices • mHealth and data protection For a discussion on: • the impact of the coronavirus pandemic on the UK and EU regulatory frameworks, see Practice Note: Coronavirus (COVID-19)—regulatory implications for the UK and European life sciences industry [Archived] • what life sciences companies
PRACTICE NOTES
This Practice Note examines the legal and practical issues for an employer to consider in relation to hybrid working, sometimes known as agile working, blended working or split working patterns or arrangements, where staff attend the workplace for part of their working time and work from home or elsewhere remotely for part of their working time. Hybrid working can be distinguished from pure home working, where the worker works entirely from home, although some employers have had partial homeworking arrangements in place for some time. The concept of hybrid working has emerged from the coronavirus (COVID-19) pandemic, during which many employees have been working entirely, or primarily, from home, and it is envisaged that employees will continue to work for part of the time at home, while returning to their workplaces for the remainder. The employer’s approach to hybrid working will vary depending on a number of factors, primarily the nature of the organisation and what it does. For example, it may be relatively straightforward for an office-based employer to offer hybrid working to nearly all of its
PRACTICE NOTES
ARCHIVED: This archived Practice Note is not maintained and is for background information only. What is the background to the changes? 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
PRACTICE NOTES
What is the background to the temporary changes to the wrongful trading regime? The coronavirus (COVID-19) pandemic and the resulting lockdowns and social distancing measures introduced by the UK Government continue to have a crippling effect on many businesses and the economy overall. When the original national lockdown was announced in March 2020, the Government introduced a package of legislative and financial support measures designed to assist businesses and keep large parts of the private sector on life support. As part of the legislative reforms, the Corporate Insolvency and Governance Act 2020 (CIGA 2020) received Royal Assent on 25 June 2020. For further information on coronavirus for restructuring and insolvency professionals, see: Coronavirus (COVID-19)—Restructuring & Insolvency—overview. Directors of companies in financial difficulties are presented with many practical and legal concerns, including the risk of personal liability. One of the key concerns for directors is usually the threat of liability for wrongful trading under section 246ZB of the Insolvency Act 1986 (IA 1986) (in the context of insolvent
Q&As
On 26 March 2021 Companies House announced that the automatic filing extensions granted by the Corporate Insolvency and Governance Act (CIGA) 2020 for filing deadlines between 27 June 2020 and 5 April 2021, to relieve the burden on companies during the coronavirus (COVID-19) pandemic, will come to an end for filing deadlines that fall after 5 April 2021. For confirmation statement filings, accounts filings and event-driven filings after 5 April 2021, there will be no further automatic extensions and any deadlines that fall after this date will go back to normal. For mortgage charges, while those with an interest in the charge created up to and including 4 April 2021 will continue to receive an automatic extension of ten additional days to file the particulars of a charge, those with an interest in the charge created after 4 April 2021 will need to file within 21 days as normal. Companies that are eligible and cite coronavirus issues in their application can still apply for a three-month extension for accounts filing
PRACTICE NOTES
This Practice Note provides guidance on current rules and practice in the Scottish civil courts including in relation to electronic lodging of documents and virtual hearings. This Practice Note does not cover criminal business or specific procedure relating to the All Scotland Personal Injury Court. For guidance on key aspects of Scottish civil litigation, see: Scottish DR: courts and civil procedure—overview, Scottish DR: starting a claim—overview and Scottish DR: case management and evidence—overview, which, in turn, link through to detailed guidance on specific aspects of dispute resolution in Scotland. Electronic submission of documents in Scotland Since 1 December 2025, by virtue of Act of Sederunt (Electronic Signature and Electronic Transmission of Documents) 2025, SSI 2025/302: • electronic signature fulfils a requirement to sign or authenticate a document, and • electronic transmission (to a person or their solicitor) fulfils a requirement to send a document to that person Attendance at civil hearings in Scotland The innovative approach to hearings adopted during the coronavirus (COVID-19) pandemic was placed on
PRACTICE NOTES
This archived tracker was focused on licensing and was intended to be used to track key developments, legislation, guidance, parliamentary briefing notes and other sources of interest relating to coronavirus (COVID-19), where relevant to local government lawyers up to so called ‘freedom day ‘ on 18 July 2021. It was designed to provide an easy reference point for relevant content for licensing lawyers working in or with local authorities during the coronavirus outbreak. For a navigational list of all local government archived coronavirus trackers, see Coronavirus (COVID-19)—local government tracker up to 18 July 2021 [Archived]. For recent guidance, see Practice Note: Coronavirus (COVID-19)—local government tracker—post July 2021. Legislation—made statutory instruments Development When in force Find out more Alcohol Licensing (Coronavirus) (Regulatory Easements) (Amendment) Regulations 2021, SI 2021/Draft The day after the day on which these Regulations are made Government eases restrictions for hospitality industry These draft Regulations are laid to assist the recovery of the hospitality industry in response to the coronavirus pandemic, extend provisions in the Business and Planning Act 2020 to allow sales of alcohol
PRACTICE NOTES
In recent years, the annual bonus structures for executives have come under particularly close scrutiny, causing remuneration committees to rethink their approach. The abnormal economic conditions brought about through the coronavirus pandemic and cost of living crisis have raised the spectre of bonus payments to an even higher level of scrutiny. This Practice Note provides a practical analysis of the items that will need to be considered by companies as they review the nature and the structure of their executive annual cash bonus schemes. Does the cash bonus still have a role? With the dramatic escalation in share-based type rewards over the last 30 years or so, notably in the form of the long-term share incentive plan, does the executive cash bonus still have a role? The answer is that the short-term incentive, defined as the basis for rewarding the achievement of short-term goals after the end of a 12-month financial year, will usually include a substantial element of cash bonus. It would actually not be unusual for the whole amount of the short-term incentive