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NEWS
Law360: More than a hundred unvaccinated care home workers fired during the COVID-19 pandemic have failed to convince the Employment Appeal Tribunal (EAT) that they should be able to sue the government for discrimination alongside their former employers.
CHECKLISTS
When preparing for a remote (virtual) hearing in arbitration proceedings there are many logistical and practical considerations to be taken into account, planned and, often, budgeted for. This Checklist should help ensure the key aspects of a remote hearing have been considered in advance so the process runs as smoothly as possible. This Checklist refers to both fully-remote hearings (when all participants are appearing remotely) and hybrid hearings (when some of the participants are present at the same location while the others are appearing remotely). Where relevant, specific considerations in relation to those two forms of hearing are set out in this Checklist. While they can bear different meanings and some practitioners have preferences for one or the other, the terms remote and virtual are used interchangeably for the purposes of this Checklist. This Checklist contemplates the requirements of merits, rather than procedural, remote hearings, although some of the points made will be relevant to both hearing types. This Checklist assumes that there are no legal or procedural bars to conducting a merits
Q&As
For the purpose of this Q&A it has been assumed that: • the property is in England • the tenancy is not a contractual periodic tenancy and the notice was served under section 21(1)(b) A notice requiring possession of a property let under an assured shorthold tenancy may be served under section 21 of the Housing Act 1988, provided various pre-conditions, and the requirements for the notice itself, are met. For information on termination
NEWS
Insurance & Reinsurance analysis: The Financial Conduct Authority (FCA) business interruption insurance test case was instigated and heard with remarkable dispatch. The judgment, running to over 160 pages, was issued on 15 September 2020. It was widely hailed as a victory for policyholders, but the reality is more nuanced because of the myriad differences between policy wordings—both within and outside the representative sample of policy wordings that were considered in the test case.
NEWS
Restructuring & Insolvency analysis: On 20 May 2020, the Government released details of the Corporate Insolvency and Governance Bill. We look in particular at the provisions relating to the new restructuring plan, including which companies are eligible, cross-cram down and other voting provisions as well as the court’s involvement.
NEWS
This week's edition of the Insurance & Reinsurance weekly highlights includes: hospitality businesses get mixed result for coronavirus (COVID-19) payouts in Liberty Mutual test cases; the Council of the EU renews economic sanctions for a further six months in view of Russia’s continuing actions against Ukraine; the Lloyd’s Market Association (LMA) publishes Cross-Market Co-Lead Claims Agreement; consumer duty rules risk blurring line between advice and guidance; the International Association of Insurance Supervisors (IAIS) publishes 2024 roadmap; cases & decisions; key dates for your diary; and other news highlights reported over the past week.
NEWS
This week's edition of Public Law weekly highlights includes expert analysis of the decision in Roche v GGHB concerning a public procurement dispute; R (PCC West Midlands) v SoS for the Home Department where the Administrative Court ruled that the decision was unlawful due to inadequate public consultation; RM (a person under a disability) concerning the legality of continued detention in a hospital; R (Carrigan) v Secretary of State for Justice concerning the Parole Board recommendations regarding a prisoner transfer and R (Oxendale) v Secretary of State for Justice again concerning prison transfer. Case reports also include R (ETM Contractors Ltd) v Bristol City Council concerning planning permission. This weekly highlights also include further updates on Brexit highlights, Post-Brexit transition guidance, Post-Brexit transition guidance, Brexit SIs, Public procurement, Judicial review, Constitutional and administrative law, State accountability and liability, Coronavirus (COVID-19) SIs, Equality and human rights, and Projects and infrastructure.
NEWS
This week's edition of Insurance & Reinsurance weekly highlights includes: EBRD launches €1bn insurance facility for Ukrainian exports; Cocktail bar chain settles £4m COVID-19 loss insurance claim; Fenchurch warns on coronavirus (COVID-19) insurance claim limitations; Myanmar earthquake exposes insurance protection gap; UK government may face £70m in claims from fire insurance scheme; Claims groups slam government report on personal injury reform; Insurers could pick up bill for replacing dangerous cladding; Claims firm beats whistleblower’s fraud case; FCA presses London insurers into misconduct training; EIOPA recommends 100 percent capital requirement for cryptoasset holdings of EU (re)insurers; cases and decisions; and key dates for your diary.
NEWS
This week's edition of Insurance & Reinsurance weekly highlights includes: reinsurer loses appeal over £69m coronavirus (COVID-19) catastrophe claim; insurers set for mega-trial over ‘lost’ planes stuck in Russia; AXA XL denies US$190m claim for planes stranded in Russia; Lloyd’s says forgery sinks claim over ship struck in Ukraine; Santander, Skipton beat attempts to re-open PPI settlements; insurers forecast to take €2.1bn hit from European floods; insurance to fall as motor injury rate is cut in Scotland and NI; review of Solvency II: PRA issues statement on existing Solvency II rule waivers and modifications; BoE plans to fast-track insurance special purpose vehicles; FCA plans new measures on non-financial misconduct; EIOPA outlines work programme for 2025; EIOPA seeks views on supervision of IORPs’ liquidity risk management; cases and decisions; key dates for your diary; and other news highlights reported over the past week.
Q&As
The Vice-President of the Court of Protection, Mr Justice Hayden, has issued guidance for judges and practitioners offering practical solutions to some of the issues being raised in connection with coronavirus, including this question. See Court of Protection: Guidance
PRACTICE NOTES
ARCHIVED: This archived Practice Note is not maintained and is for background information only. This Practice Note has been archived and is no longer maintained. It deals with the Kickstart Scheme, which closed to new applications from 18 December 2021. The Kickstart Scheme formed part of a range of government programmes that are available for employers who are considering hiring employees or offering work experience. According to the government guidance: 'Plan for Jobs' skills and employment programmes: information for employers, apprenticeships are another such programme. For information: • on apprenticeships, see Practice Notes: Apprenticeships and Apprenticeships in Scotland • on the other skills and employment programmes available for employers, see the government guidance: 'Plan for Jobs' skills and employment programmes: information for employers The Kickstart Scheme provides funding to employers to create new six-month jobs (previously known as job placements) for young people who are currently on Universal Credit and at risk of long-term unemployment. The scheme aims to support participants to develop the skills and experience they need to find work after completing the scheme. It
Q&As
Agency Workers Regulations 2010 A tripartite relationship is formed where an agency worker has a contract with a temporary work agency but works temporarily for and under the direction and supervision of a third-party hirer. The agency places the agency worker on assignment with a hirer or ‘end user’, which employs them temporarily, while paying the agency a fee. The agency then in turn remunerates the agency worker. That unique relationship is key to who is covered by the Agency Workers Regulations 2010 (AWR 2010), SI 2020/93. Whether a particular arrangement falls within the scope of AWR 2010, SI 2020/93 will depend on how the relationship between the parties works in practice. For further information generally, see Practice Note: Rights under the Agency Workers Regulations