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PRACTICE NOTES
This Tracker considers key legislative changes, consultations and other relevant developments of interest to Dispute Resolution (DR) lawyers, where those developments are no longer on-going but may be of interest for historic purposes. It covers alternative dispute resolution (ADR), Brexit, debt management, civil procedure, consumer contracts, enforcement and the Solicitors Regulation Authority (SRA). For current developments, see Practice Note: Tracker—legislation, consultations and other developments—Dispute Resolution. To track lawtech developments, see Practice Note: Tracker—cryptoassets for Dispute Resolution lawyers. ADR Consultation Key dates Details Civil Justice Council (CJC) Interim Report on the future role of ADR in Civil Justice October 2017–15 December 2017 In January 2016, the CJC resolved to form a Working Group to review the ways in which ADR (not including arbitration) had been encouraged and positioned within the civil justice system in England and Wales.The CJC published its interim report of that working group in October 2017.The CJC argued that ADR has failed to achieve the integral position in the civil justice system that was intended and expected for it at the
PRACTICE NOTES
A guarantee is a form of quasi-security (see Practice Note: Guarantees). Guarantees are a common form of credit support in commercial financing transactions. For example, in transactions involving a corporate borrower, the lender might request guarantees from the directors of the borrower. Less commonly and at the smaller end of the commercial financing market, the lender might request a guarantee from a family member related to a director of the borrower, such as a spouse, civil partner or parent of the director of the borrower. When taking a guarantee from an individual there are a range of issues to be considered in addition to those which arise generally in the context of the law of guarantees. This Practice Note explains the key issues to consider when taking a guarantee from an individual in a commercial financing context, in particular: • the capacity of individuals to grant guarantees • undue influence • voidable transactions • moratoriums under the debt respite scheme, and • the potential applicability
PRACTICE NOTES
Although VAT is a tax that is ultimately borne by the final consumer, the responsibility for paying VAT to HMRC lies with VAT registered suppliers of goods and services. For more details, see below: How is VAT collected? This Practice Note provides an introduction to the mechanics businesses must use when paying VAT to HMRC. This Practice Note includes reference to EU VAT Directive 2006/112/EC. The UK ceased to be an EU Member State on 31 January 2020. On this date, the UK entered an implementation period (IP), during which it continued to be treated as a Member State for many purposes, and remained bound by EU law. The IP ended at 11 pm on 31 December 2020. On that date, a body of EU-derived rights and legislation, known as retained EU law (REUL), was converted into domestic UK law. For more on REUL and tax, see Practice Note: Retained EU law and tax. On 1 January 2024, REUL that remained in force after the end of 2023 was recategorised as ‘assimilated law’.
NEWS
The Insolvency Service has reported that Rathudi Mahesh Manglanand (aged 47), the owner of an Indian restaurant in Cardiff, went bankrupt after spending most of £43,000 worth of coronavirus (COVID-19) financial support on drinking and gambling. After an investigation by the Insolvency Service, the Secretary of State for Business, Energy and Industrial Strategy accepted a nine-year bankruptcy restrictions undertaking from Manglanand, which commences on 20 June 2022.
NEWS
The Secretary of State for Health and Social Care between 9 July 2018 and 26 June 2021, Matt Hancock, gave evidence to the UK COVID-19 Inquiry on 21 November 2024. Module 3 looks into the governmental and societal response to coronavirus (COVID-19) as well as dissecting the impact that the pandemic had on healthcare systems, patients and health care workers. This includes healthcare governance, primary care, NHS backlogs, the effects on healthcare provision by vaccination programmes and long diagnosis and support.
PRACTICE NOTES
The death certification system in England and Wales was reformed with effect from 9 September 2024 to introduce changes recommended following various enquiries, including the third report of the Shipman Inquiry (relating to murders first investigated in the late 1990s). These include the implementation of the statutory medical examiner system as an additional safeguard. While Private Client practitioners will not usually be involved in the formalities regarding the medical certification of death, the reforms also impact the procedure for the legal registration of deaths in England and Wales. Requirement to register a death Registering the death is usually undertaken by a member of the deceased’s immediate family. The requirements for registering a death in England and Wales are governed by: • Births and Deaths Registration Act 1953 (BDRA 1953) • Registration Service Act 1953 (RSA 1953) • Coroners and Justice Act 2009 • Health and Care Act 2022, and • regulations made under each of those Acts Medical certificate of cause of death The registrar cannot register the death without a medical certificate. With
PRACTICE NOTES
Coronavirus (COVID-19): Existing financings/utilised debt Does debt documentation in your jurisdiction typically foresee termination rights for the lender upon the occurrence of a crisis? If so, are eg customary material adverse effect (MAC) provisions enforceable in such instance? Yes, besides LMA standard debt documentation, Czech banks commonly include MAC related termination provisions either directly in their loan agreements or in their general terms and conditions (GTCs) that entitle the lender to one-sided termination, cancellation of commitments or change in fees and/or interest rates together with compensation for any new costs. Such MAC provisions generally include, among others, the inability to fulfil debtor´s obligations under the debt documentation, deterioration of debtor´s financial position or the value of provided collateral or the inability of the lender to enforce its rights and claims arising out of the debt documentation. The termination cannot be unjustified and as the current epidemic does not automatically constitute an event considered to have a material adverse effect, lenders should proceed cautiously and seek legal advice while formulating the reasons for MAC induced termination. This
NEWS
This week's edition of Corporate Crime weekly highlights includes analysis of a recent High Court case which provided guidance on the correct interpretation of sanctions legislation and how the courts are likely to consider evidence of potential breaches, of a landmark decision for UK environmental protection in which a landowner will have money confiscated under POCA 2002 for felling crimes and of Boeing’s plea deal with the US Department of Justice. Also included is news of the SFO’s publication of details of Amec Foster Wheeler Energy Limited’s (AWFEL’s) compliance with a deferred prosecution agreement, of an update on the Insolvency Service’s ongoing work to tackle coronavirus (COVID-19) loan abuse and of a £3m fine for a recycling company for health and safety offences. All this, and more, in this week’s Corporate Crime highlights.
PRECEDENTS
Definitions (General) Competent Authority • any authority having jurisdiction in relation to the Property, its occupation or use; Restricted Period • any period [exceeding [number] [continuous] weeks] during the Term in which a Pandemic Restriction applies; Pandemic Restriction • any Legislation, or any requirement of, or guidance
NEWS
The Ministry of Justice (MoJ) and HM Courts & Tribunals Service has launched a new £1m marketing campaign to recruit 4,000 magistrates to help tackle the backlog of criminal cases caused by the coronavirus (COVID-19) pandemic. According to the MoJ, this campaign marks the largest recruitment effort in the 650-year history of the magistracy. Magistrates are expected to dedicate a minimum of 13 days a year service on a voluntary basis.
NEWS
The Insolvency Service has published its monthly insolvency statistics for June 2024 on company and individual insolvencies. The data shows that 2,361 company insolvencies were registered, 17% higher than in June 2023 and much higher than when government support measures were in place in response to coronavirus (COVID-19) as well as pre-pandemic levels. For individuals, the total number of insolvencies in June 2024 was 10,395, 33% higher than in June 2023.
NEWS
The European Commission has authorised the mRNA vaccine ‘mResvia’ to protect adults over 60 against lower respiratory tract disease caused by respiratory syncytial virus (RSV) infection. This approval is the first vaccine to be authorised using mRNA technology to prevent a disease other than coronavirus (COVID-19). The European Medicines Agency authorisation comes ahead of the autumn/winter season when RSV infections tend to peak. National authorities will now decide on the vaccine’s use according to their vaccination plans.