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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.
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
Q&As
The question of whether a deed can be witnessed remotely is a difficult one as the position at law is unclear. For the reasons that follow, it is likely to be in the best interests of the client to execute the settlement agreement in the physical presence of the witness, rather than remotely. The Law Commission on Electronic Execution of Documents (Law Com No. 386) considers that there is no need for formal primary legislation to reinforce the legal validity of electronic signatures on documents, but states that the position in respect of remote witnessing of documents is less clear. Section 1(3) of the Law of Property (Miscellaneous Provisions) Act 1989 (LP(MP)A 1989) provides that an instrument is validly executed as a deed if, and only if, it is signed by an individual in the presence of a witness who attests
NEWS
This week's edition of Insurance & Reinsurance weekly highlights includes: the UK Supreme Court rules insurers must pay out on third-party hire car losses (Armstead v Royal & Sun Alliance Insurance Company Ltd); a case analysis on Gatwick Investments Ltd v Liberty Mutual Insurance Europe SE; court says catastrophe applies in coronavirus (COVID-19) reinsurance cases; marine insurer Skuld cancels Red Sea war risks; the Royal Institute of British Architects (RIBA) published a new professional indemnity insurance guide; UK insurers agree to pause sale of guaranteed asset protection cover; cases & decisions; key dates for your diary; and other news highlights reported over the past week.
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
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?
PRACTICE NOTES
Background When the clinical disputes protocol was first introduced, reflecting Lord Woolf’s concern about the adversarial nature of clinical negligence litigation, the protocol included a lot of explanatory material about the aims and objectives of the reforms generally. Much of this material was subsequently considered unnecessary and so was removed in an effort to streamline the protocol and reinforce its use as a procedural framework. The clinical disputes protocol retains a strong emphasis on communication between parties, early investigation and resolution prior to the commencement of proceedings. It also reflects the unique complexities of clinical disputes, both with regard to the patient/clinician relationship and the use of experts. The protocol now makes specific reference to the duty of candour imposed on healthcare providers by the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014, SI 2014/2936. It also includes consideration of an apology as a separate specific objective. See Practice Note: The duty of candour. Coronavirus (COVID-19) The Clinical Negligence Protocol (2020) (last updated in
NEWS
The European Banking Authority (EBA) has published a thematic note comparing provisioning practices in the US and the EU during the coronavirus (COVID-19) pandemic, including differences in the macroeconomic impact of coronavirus, in banks’ loan portfolios, and in accounting rules that might explain why the cost of risk (CoR) of US banks was much higher compared to their EU peers in the first half of 2020 and fell at a faster pace afterwards.
PRACTICE NOTES
CASE HUB ARCHIVED—this case hub reflects the position at the date of the judgment of 28 September 2023; it is no longer maintained. See further, timeline. Case facts Outline Appeals against the General Court’s judgments in Cases T- 378/20 and T- 379/20 dismissing actions for annulment of the Commission decisions of 15 April 2020 and 24 April 2020 approving two separate guarantees on a revolving credit facility of up to SEK 1.5bn in favour of Scandinavian airline SAS for damage caused by the coronavirus outbreak (SA.56795 and SA.5601). Latest developments On 28 September 2023, the General Court issued its judgment in which it dismissed the appeals in their entirety. In particular, it: (i) dismissed Ryanair's arguments challenging the assessment of the proportionality of the aid measures; (ii) rejected Ryanair’s arguments alleging that the measures breached the principle of non-discrimination; (iii) held that the General Court had been correct to find that the aid measures did not breach the principles of freedom of establishment
CHECKLISTS
Coronavirus (COVID-19): This Practice Note contains guidance on matters that have temporarily been altered to assist in the management of the coronavirus (COVID-19) pandemic. For further information, see Practice Notes: Local authority meetings during the coronavirus (COVID-19) pandemic [Archived] and Coronavirus (COVID-19)—governance tracker [Archived]. Elements of accessibility The following table sets out the position in a typical authority. Some authorities grant additional rights to councillors and members of the public. Council Committees and sub-committees Officers’ non-executive decisions Cabinet (key and non-key decisions) Individual executive members (key and non-key decisions) Officers’ key executive decisions Officers’ non-key executive decisions 1 Public identification of the body or person responsible for taking the decision Yes — statute and constitution Yes — statute and constitution (terms of reference), and council minutes for ad-hoc delegations to committees and sub-committees Yes — scheme of delegations and minutes for ad-hoc delegations Yes — statute and constitution Yes — statute and constitution (scheme of delegation to cabinet members) Yes — scheme of delegations and cabinet minutes for ad-hoc delegations Yes
PRACTICE NOTES
This Practice Note provides a step-by-step process for analysing and invoking a force majeure clause. It must be read in conjunction with Practice Note: Force majeure—consequences and contract discharge. This illustration indicates the steps involved in determining the effective use of a force majeure clause: Stage 1—is there a force majeure clause? There is no legal concept in English law of ‘force majeure’ (contrast this with countries which apply a civil code specifically recognising force majeure, eg France). Therefore if your client wishes to avoid or limit their liability because of an inability to perform caused by an event such as, eg the coronavirus (COVID-19) pandemic (as was seen in 2020) or the imposition of financial sanctions against Russian entities and individuals/impact of Russia’s invasion of Ukraine in February 2022, then you will need to check that the relevant agreement contains a force majeure clause. For guidance on breaching contractual terms due to financial sanctions more generally, see Practice Note: Statutory controls in contract breach scenarios. As with any contractual clause, how the force