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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.
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
PRECEDENTS
1 Introduction 1.1 A pandemic is the worldwide spread of a new disease. A viral pandemic occurs when a new virus emerges and spreads around the world—and most people do not have immunity. Examples of pandemics include the 2009 H1N1 influenza pandemic and the Coronavirus (COVID-19) pandemic from 2020 onwards. 1.2 This pandemic management strategy sets out [insert company name]’s strategy for managing a pandemic. The impact of pandemic outbreaks on individuals, businesses and societies can be reduced by being well prepared. This means having a comprehensive strategy, that is reviewed on a regular basis and refined. 1.3 In response to the potential threat of a pandemic, [insert company name] regularly monitors the risk to individual countries in which [insert company name] has an existing presence. In addition, [insert company name] has prepared a high level pandemic management strategy, which is set out in this document. 2 Pandemic management team 2.1 A Pandemic management team has been set up [for each jurisdiction in which we operate ]to ensure [insert company name] manages the response to any pandemic in the most appropriate way. 2.2 The Pandemic management team is led by [insert name
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
Q&As
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
PRACTICE NOTES
Coronavirus (COVID-19): The Bounce Back Loan Scheme (BBLS), Coronavirus Business Interruption Loan Scheme (CBILS) and Coronavirus Large Business Interruption Loan Scheme (CLBILS) were launched by the government in response to the pandemic with the aim of supporting SMEs and larger businesses with their access to finance. Under the schemes, lenders could take security from individuals only in certain circumstances and subject to certain rules. The three schemes closed to new applicants on 31 March 2021 and were replaced by the Recovery Loan Scheme (RLS), which launched on 6 April 2021 with the aim of providing financial support to businesses across the UK as they recover and grow following the pandemic. The RLS also includes rules about when security can be taken from individuals. For more information, see Practice Note: Coronavirus (COVID-19)—implications for lending transactions [ARCHIVED]—What are the implications for borrowers and lenders of the government and regulators’ response to coronavirus (COVID-19)? From 1 July 2024, the RLS has been renamed as the Growth Guarantee Scheme and extended until the end of March 2030.
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.
Q&As
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
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.
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
COVID-19 as a recent example of a significant market disruption In the first half of 2020, the oil market was facing shrinking capacities to store over-supplied oil, collapsing prices and plummeting demand. Oil and gas operators and companies in the supply chain took steps to reduce activity and investment to protect cash flows. Capex was reportedly reduced by tens of billions of dollars; contracted rigs were suspended, cold-stacked or cancelled; development of offshore fields were being delayed; and decommissioning and abandonment activity was pushed forward. Meanwhile, coronavirus (COVID-19) spread across offshore facilities and vessels. Under normal circumstances, 11,500 people would on average be working on North Sea projects at any one time. According to Offshore Energies UK (formerly known as Oil & Gas UK), the UK industry trade body, by 20 March 2020, this figure was down by 4,500 (approximately 40%). This raised difficult logistical decisions. What happens when those with the necessary expertise are quarantined?