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PRACTICE NOTES
This Practice Note provides practical guidance on how to exchange executed documents properly when one or more parties to a contract are not physically present. This is sometimes known as virtual signing or virtual closing. It details the guidance provided by the Law Society of Ireland on the virtual execution of documents. Virtual closings This Practice Note provides practical guidance on how to exchange executed documents properly when one or more parties to a contract are not physically present. This is sometimes known as virtual signing or virtual closing. The Law Society of Ireland has issued Guidance on the ‘virtual’ execution of documents. While this guidance remains valid, it should be noted that it was last updated in 2014 prior to the coronavirus (COVID-19) pandemic which led to a move away from the approach in R (Mercury Tax Group and Another) v HMR (Mercury) (where scanned, wet-ink signatures are circulated by pdf with originals to follow), towards e-signature. The Law Society of Ireland has since published an Updated Guidance Note Regarding E-Signatures, Electronic Contracts
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ARCHIVED: This Practice Note has been archived and is not maintained.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
PRACTICE NOTES
This tracker was focused on education 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) and education, where relevant to local government lawyers. It was designed to provide an easy reference point for relevant content for education lawyers working in or with local authorities during the coronavirus outbreak up to 18 July 2021. For a navigational list of all archived local government coronavirus trackers, see: Coronavirus (COVID-19)—local government tracker up to 18 July 2021 [Archived]. For the most recent developments post ‘freedom day’ see Practice Note: Coronavirus (COVID-19)—local government tracker—post July 2021. Primary Legislation Development When in force Find out more Coronavirus Act 2020 (CA 2020)• CA 2020, ss 37–38 (schools, childcare providers etc) • CA 2020, Sch 16 Pt 1 (temporary closure of educational institutions and childcare premises 25 March 2020 Emergency measures in place and relaxation of education duties to respond to the COVID-19 pandemic This Act is made to enable the government to respond to an emergency
CHECKLISTS
This Checklist on remotely accessed mediations summarises the key considerations when deciding whether and, if so, how, to engage in a remotely accessed mediation via video conference (VC). The arrival of the coronavirus (COVID-19) pandemic saw an increase in the use of remotely accessed mediations, ie mediations carried out online by way of VC. VC mediations (also commonly referred to as ‘online mediation’, ‘remote mediation’ and ‘remotely accessed mediation’) are not the only means of conducting a non face-to-face mediation, you can also mediate by telephone. That said, the ease and increased user functionality of the various platforms offering VC have lent themselves well to the process for remote access mediation. The information below identifies the key areas to think about when considering whether to engage in a remote access mediation with links to detailed guidance on these areas. Consideration Comments Can parties be required to mediate, whether face-to-face or remotely? Although mediation is generally voluntary, the High Court has confirmed that, in an appropriate case, the court may direct parties
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note summarises the key ways in which company filing and other administrative procedures have temporarily changed due to the coronavirus crisis. 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, would 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 would be no further automatic extensions and any deadlines that fall after this date would go back to normal. For mortgage charges, while those with an interest in the charge created up to and including 4 April 2021 would 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
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 ICC Terms of Reference (TOR) under the 2017 International Chamber of Commerce (ICC) Rules of Arbitration (2017 ICC Rules). It also refers to the guidance in the ICC Note to Parties and Arbitral Tribunals on the Conduct of the Arbitration under the ICC Rules of Arbitration (ICC Note). References in this Practice Note to articles of and appendices to the ICC Arbitration Rules are to the 2017 ICC Rules unless otherwise indicated. The 2017 ICC Rules apply to any ICC arbitrations commenced on or after 1 March 2017, unless the parties have agreed to submit to the ICC rules in force on the date of their arbitration agreement. The 2017 ICC Rules include: • an expedited procedure which automatically applies where the arbitration agreement is entered into after 1 March 2017 and the amount
CHECKLISTS
ARCHIVED: 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. The Administered Arbitration Rules of the Hong Kong International Arbitration Centre (HKIAC Rules) are widely used institutional arbitration rules administered by HKIAC in Hong Kong, but are used globally. This Checklist details the arbitration procedure under the 2013 edition of the HKIAC Rules. For guidance on the 2018 edition of the HKIAC Rules, see the ‘Related documents’. Preliminary steps • Identify claims and counterclaims available. • Consider the scope of the arbitration clause and whether the available claims and counterclaims can be dealt with by arbitration. • Identify your preferred arbitrator (whether that be for nomination as sole arbitrator or party nomination on a three-person tribunal). • Identify any potential limitation issues. • Consider if any interim remedies are required and, if so, whether either a court application or an emergency application to a tribunal is required. Commencement
PRECEDENTS
1 Introduction 1.1 This policy sets out the Company’s approach to testing staff for coronavirus (COVID-19). It supplements, but does not replace, the Company’s health and safety[, coronavirus workplace safety] and sickness absence policies. 1.2 This policy does not form part of any contract of employment and the Company may amend it at any time. 1.3 This policy applies to all employees, workers and contractors. 1.4 This policy has been written [following discussions OR in consultation] with [the recognised trade union OR employee representatives OR a representative group of employees]. 1.5 The information set out in this policy is taken from guidance on the Department of Health and Social Care (DHSC) and other government websites that are updated frequently. While we will try to keep this policy up-to-date, we strongly recommend that all staff familiarise themselves with the relevant DHSC and other guidance and check regularly for updates. We will also issue updates to staff, typically by email, if changes to the government guidance affect this policy. 2 Why we think workplace testing is important 2.1 The coronavirus pandemic continues to have a significant impact on all of
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note contains a collection of content covering the outbreak of coronavirus (COVID-19) for technology, media and telecommunications (TMT) lawyers. It is updated regularly and includes links to: • Q&As • Practice Notes, Precedents and Checklists • Updates and news Court of Justice This Practice Note refers to judgments from the Court of Justice. For guidance on whether judgments of the Court of Justice are binding on UK courts, see Practice Note: Assimilated law—Assimilated case law. Q&As • How can I ensure my organisation and staff stay safe while using video-conferencing during the coronavirus (COVID-19) pandemic? • What technology risks are associated with homeworking? • Can an agreement be terminated for frustration due to coronavirus (COVID-19)? • Will our insurance cover us for coronavirus (Covid-19)? • Can my force majeure clause protect me against the economic impact of coronavirus (COVID-19)? • Can I rely on ‘Certificates of Force Majeure’ issued by the Chinese government confirming that coronavirus (COVID-19) is force majeure as a force majeure event under English law?
PRACTICE NOTES
Coronavirus (COVID-19): Advice for Tier 2, 4 and 5 visa sponsors in the UK who are sponsoring those affected by coronavirus (COVID-19) has been published by the Home Office. The guidance, originally published on 27 March 2020 and being kept under constant review and regularly updated, includes advice regarding reporting requirements for absences of international students or migrant workers due to coronavirus; distance learning for international students; working from home arrangements for migrant workers; and submission by sponsors of scanned documents. For further information, see LNB News 27/03/2020 67 and LNB News 03/06/2020 53. The Department for Environment, Food & Rural Affairs (Defra) has also published guidance for seasonal agricultural workers coming to England to work on farms and their employers amid the coronavirus (COVID-19) pandemic. For further information, see LNB News 04/06/2020 56. Until 30 November 2020 the system by which non-EEA nationals were able to come to work in the UK was points-based and had five tiers: • tier 1: graduate entrepreneurs and investors • tier 2: skilled workers
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. Appointing the tribunal is an important step in any arbitration. Having the right tribunal is key to ensuring the arbitration runs efficiently and that a just result is reached. The method of appointment of the arbitral tribunal will depend on several factors, most importantly any provision made by the parties in their arbitration agreement or in some other written document, see Practice Note: Choosing your arbitral tribunal. This Practice Note considers matters relating to the appointment of a tribunal or sole arbitrator under the 2017 Rules of Arbitration of the International Chamber of Commerce (ICC) (2017 ICC Rules). The 2017 ICC Rules apply to any ICC arbitration commenced between 1 March 2017 and 31 December 2020 (unless the parties expressly agree that an earlier version of the ICC Rules will apply, which is unlikely). It also refers
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 sets out the emergency arbitration procedure available to parties under the 2017 International Chamber of Commerce (ICC) Rules of Arbitration (2017 ICC Rules), to enable parties to obtain emergency interim or conservatory measures before a tribunal has been constituted. The 2017 ICC Rules apply to any ICC arbitrations commenced on or after 1 March 2017, unless the parties have agreed to submit to the rules in force on the date of their arbitration agreement. The 2017 ICC Rules include: • an expedited procedure which automatically applies where the arbitration agreement is entered into after 1 March 2017 and the amount in dispute is below US$2m. In cases above this threshold, the parties must opt-in. For guidance on the ICC expedited procedure, see Practice Note: ICC Rules (2017)—expedited procedure [Archived] • amended costs provisions effective from