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For information: • on the Kickstart Scheme generally, see Practice Note: Kickstart Scheme—CLOSED • on employment status, see Practice Note: Employee status Employers can apply under the Kickstart Scheme for funding to cover the following employment costs for six months: • 100% of the National Minimum Wage (or the National Living Wage depending on the age of the participant) for 25 hours per week • associated employer National Insurance contributions • minimum automatic enrolment pension contributions See
NEWS
This week's edition of PI & Clinical Negligence weekly highlights considers the significant implications of a Supreme Court ruling on 'lost years' claims, particularly for young claimants, and reviews renewed calls for reforms to the coronavirus (COVID-19) vaccine compensation scheme. We also take a look at the government's response to ongoing concerns about rising clinical negligence costs. In addition, we feature our specialised Quantum Database and case submission Portal, along with guidance on submitting cases for publication. We also bring you our usual round-up of other news, cases, webinars and New Law Journal articles of interest.
PRACTICE NOTES
Most (re)insurance lawyers are either litigators or corporate/regulatory lawyers (but rarely both). Most insurance law firms offer both types of service but the emphasis between contentious or non-contentious work varies. Insurance litigators are often instructed to advise on policy coverage. The proper interpretation of the policy wording will determine whether a particular loss is covered. Cover under the policy is kept under review by the litigator as the factual circumstances of a loss are ascertained. They will also act on behalf of their insurer or policyholder client in any dispute that may arise and in relation to any associated subrogated recoveries or claims for contribution. See: Subrogation—overview for further information. If it transpires that a policyholder is not covered in respect of a loss that it had intended should be covered, it is common for the blame to be directed at the brokers who arranged the insurance. Insurance brokers may therefore become involved in coverage disputes and will therefore instruct their own lawyers. For further information, see: Brokers—overview. In liability insurance, insurance
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Following completion of a share purchase transaction, the stock transfer form which effects the transfer of the sale shares from the seller to the buyer will need to be submitted to HMRC for stamping before the transfer can be registered in the target’s register of members, ie stamping will need to take place before legal title to the target’s shares can transfer from the seller to the buyer. Prior to the lockdown measures
NEWS
This week's edition of Insurance & Reinsurance weekly highlights includes: Insurers win landmark case on COVID-19 furlough deductions; Axiom predecessor settles coronavirus (COVID-19) coverage dispute with Aviva; Lloyd's syndicate settles in US$90m COVID-19 losses claim; UK reinsurer can’t challenge Tyson’s fire coverage ruling; Zurich expects to cough up US$200m for LA wildfire claims; UK home insurance premiums rise said to be slowing; EIOPA issues guidance on insurers' foreseeable dividend deductions under Solvency II; cases and decisions; key dates for your diary; and other news highlights reported over the past week.
PRACTICE NOTES
This Practice Note considers force majeure as it applies in English law and the circumstances in which a force majeure event may cause a contract to come to an end, including burden of proof, interpretation of force majeure clauses (operative verb), procedural requirements and challenging the validity of a force majeure clause. See also Practice Notes: • Force majeure clause analysis—a practical guide • Force majeure—key and illustrative decisions For assistance when giving notice of a force majeure event, see Precedent: Force majeure notice. Force majeure clauses were thrust under the microscope in light of ‘world events’, such as the coronavirus (COVID-19) pandemic in 2020 and Russia’s invasion of Ukraine in 2022. The 2026 Middle East conflict will likely give rise to more disputes involving force majeure issues, on which see: Force majeure and world events below. Force majeure—meaning and nature The key features of force majeure are: • a 'force majeure clause' is a contractual term providing for one (or both) parties to be excused from performance on the happening of a specified event
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
CORONAVIRUS (COVID-19): For Wills made on or after 31 January 2020, the formal requirement for a valid Will to be witnessed in the presence of two witnesses includes both physical and virtual presence, to allow Wills to be validly witnessed remotely by way of video conference. For the latest guidance on this temporary change (which takes effect for Wills made up to and including 31 January 2024), see Practice Note: Coronavirus (COVID-19)—Wills [ARCHIVED]. This change is introduced by the Wills Act 1837 (Electronic Communications) (Amendment) (Coronavirus) Order 2020, SI 2020/952 which amends Wills Act 1837 (WA 1837), s 9 and the Wills Act 1837 (Electronic Communications) (Amendment) Order 2022, SI 2022/18. Note that the guidance below relates to WA 1837 in its unchanged form. For details of the new rules and the changes to WA 1837, s 9, see Practice Note: Coronavirus (COVID-19)—remote witnessing of Wills [ARCHIVED]. STOP PRESS: With effect from 2 November 2020, the Non-Contentious Probate Rules 1987, SI 1987/2024 (NCPR 1987) are amended by the Non-Contentious Probate (Amendment) Rules 2020, SI 2020/1059 to provide for the use of witness statements
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The Home Office has updated its guidance webpage 'Coronavirus (COVID-19): advice for UK visa applicants and temporary UK residents'. It extends the 'Covid Visa Concession Scheme' to 19 July 2021 (previously 21 June 2021). The scheme permits eligible persons overseas who have been unable to return to the UK due to coronavirus travel restrictions, and whose permission has since expired, to enter the UK and make an application for permission to stay or settlement.
Q&As
Section 8 of the Housing Act 1988 provides a fault-based method for a landlord to obtain possession of residential premises let under an Assured or an Assured Shorthold Tenancy. One of the grounds is arrears of rent (ground 8). From 29 August 2020 four weeks’ notice must be given where the arrears are at least six months, and six months’ notice must be given where the arrears are less than six months. These periods have been modified by regulations made under the Coronavirus Act 2020 (CA 2020). (See CA 2020, s 81 and CA 2020, Sch 29 as amended by the Coronavirus Act 2020 (Residential
NEWS
This week's edition of Insurance & Reinsurance weekly highlights includes: AIG wins COVID-19 loss payout dispute with Cornish hotels; Franco Manca owner settles coronavirus (COVID-19) cover dispute with QIC; WTW launches insurance solution for FinTech companies; Marsh blamed for US$143m loss on Greensill as trial opens; CP25/12—FCA consults on simplifying insurance rules; Lloyd's body calls for reduced reporting under new CEO; EU Solvency II: implementing regulation regarding calculation of technical provisions and basic own funds for reporting for Q2 2025 published in OJ; plus recent cases and key dates for your diary.
PRACTICE NOTES
STOP PRESS: Abolition of non-dom regime and introduction of residence-based IHT regime Finance Act 2025 (FA 2025) which received Royal Assent on 20 March 2025, implements legislation to abolish the remittance basis of taxation and replace it with a residence-based regime, from 6 April 2025. FA 2025 also replaces domicile as the key factor in establishing liability to inheritance tax. Other changes include amendment of the rules determining excluded property status, the abolition of protected settlements status of offshore trusts, and changes to overseas workday relief. For information on these changes, see Practice Notes: The abolition of the remittance basis of taxation from 2025–26 and A new residence-based regime for IHT from 2025–26. See also: Finance Bill Tracking Service: Key dates (Finance Bill 2025) and Finance Act 2025. CORONAVIRUS (COVID-19): For guidance on the difficulties and practicalities of taking instructions during the coronavirus (COVID-19) pandemic, see Practice Notes: Coronavirus (COVID-19)—remote witnessing of Wills [ARCHIVED] and Coronavirus (COVID-19)—Wills [ARCHIVED]. Even though the instructions to draft a Will may appear to indicate that only