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NEWS
The Crown Prosecution Service (CPS) has reported that Rais Kayani, a fraudster who sought to exploit taxpayers through a coronavirus (COVID-19) support scheme, has pleaded guilty to a single count of entering into a money laundering arrangement at Southwark Crown Court. Following an investigation by the National Investigation Service (NATIS), it was found that Kayani's company, RAK Traders and Services Ltd, received £195,000 from three local authorities in St Helen’s, Thurrock and Rochdale, after Kayani defrauded these authorities through false applications to the Small Business Grant Fund. The CPS has said that it has already recovered £155,000 and will seek a confiscation order to obtain the remaining funds. Kayani has been ordered to carry out 100 hours of unpaid word and pay £6,000 in compensation.
Q&As
The formal requirements for signing a Will are found in section 9 of the Wills Act 1837 (WA 1837). The Will must: • be in writing • be signed by the testator or by some other person in their presence and by their direction • give the appearance that the testator intended by their signature to give effect to the Will • have a signature made or acknowledged by the testator in the presence of two or more witnesses present at the same time • be witnessed and each witness must attest and sign the Will or acknowledge their signature, in the presence of the testator (but not necessarily in the presence of any other witness) See Practice Note: Requirements for a valid Will for further guidance. In writing At the moment, no alternative to the requirement that a Will be in writing is available. For example, oral or video recorded (audio or audio-visual) statements
PRACTICE NOTES
This Practice Note examines some of the key issues affecting construction contracts as a result of the coronavirus (COVID-19) pandemic and how these issues can be dealt with in both existing contracts that have already been executed and in contracts being negotiated. The coronavirus pandemic and resulting lockdown, restrictions and requirements for social distancing also give rise to some practical issues that need to be considered, including in relation to execution of documents. Existing contracts Contracts that were entered into before the pandemic started are likely to have some disadvantages in comparison to contracts entered into following the onset of the pandemic. This is because it is unlikely in the majority of cases that specific clauses were included in these contracts dealing with what happens when a pandemic affects the carrying out of the works (and the effect the coronavirus has had would have been very difficult to predict). The parties who entered into contracts before the coronavirus therefore have to rely on what, if anything, the existing contract terms say (or how they can be interpreted)
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 COVID-19. In this guidance, Hayden
Q&As
An application to court for an administration order gives rise to an interim moratorium in respect of claims against the relevant company (paragraph 44 of Schedule B1 to the Insolvency Act 1986 (IA 1986)), save where an administrative receiver is appointed. The interim moratorium prevents creditors from bringing insolvency proceedings or claims before the court, though permission can be granted by the court to proceed with a claim. When a company enters administration, the moratorium is permanent (IA 1986, Sch B1, paras 41–42). This has the effect of dismissing any winding up petitions that are extant and preventing the company from resolving to wind up; from enforcing securities or distraining against assets without the consent of the court or the
NEWS
The Home Office has produced caseworker guidance explaining the impact of the Coronavirus Extension Concession (which extended leave which expired between 24 January 2020-31 July 2020, with a grace period to leave the UK between 1-31 August 2020) and the Exceptional Assurance Concession (granting two or ten week protection from the consequences of visa overstaying from 1 September 2020-28 February 2023).
PRACTICE NOTES
ARCHIVED: This archived Practice Note is not maintained and is for background information only. This Practice Note considers the impact of the coronavirus (COVID-19) pandemic on Court of Protection and mental capacity work, covering in particular the following areas: • Court of Protection guidance on the coronavirus pandemic • The running of the Court of Protection during the coronavirus pandemic • Office of the Public Guardian guidance on the coronavirus pandemic • Guidance on visiting care homes during the pandemic • Mental capacity, vaccination and testing for coronavirus • Department of Health and Social Care and Court of Protection guidance on deprivation of liberty during the pandemic • Frequently asked questions Court of Protection guidance on the coronavirus pandemic The Vice-President of the Court of Protection, Mr Justice Hayden, and other senior members of the judiciary have issued several pieces of guidance for judges and practitioners during the course of the coronavirus pandemic: • 13 March 2020—guidance focusing specifically on visits to protected persons by judges and practitioners • 18 March 2020—additional
Q&As
Section 9 of the Wills Act 1837 (WA 1837) provides that a Will is not valid unless it is in writing, signed by the testator or by some other person in their presence and by their direction, and the signature is made or acknowledged by the testator in the presence of two or more witnesses present at the same time and each witness either attests and signs the Will or acknowledges his signature in the presence of the testator. Although the Law Commission on Electronic Execution of Documents (Law
NEWS
The Department of Health and Social Care (DHSC) dispute resolution panel has ruled that B. Braun Medical Ltd's off-contract sales of a branded sedative medicine during 2021-2022 do not qualify for exceptional central procurement exemption under the voluntary scheme for branded medicines pricing and access (VPAS). The panel's 27 March 2025 decision found that since the National Health Service England handled the procurement rather than a central government body, the sales did not meet VPAS exemption criteria, making B. Braun liable for scheme rebate payments.
Q&As
An employer has certain legal responsibilities in relation to a reservist’s mobilisation and reinstatement at work afterwards. An employer can claim for financial assistance to cover certain costs during a reservist’s mobilisation, and can also claim incentive payments of up to £500 per month for an employee who is mobilised. For full details and further information in relation to reservists generally, see Practice Note: Military reservists. Time off If the reservist is called out for whole-time service with the Reserve Forces, call-out papers are issued to both the reservist and their employer, which will detail the date the reservist must call for duty at a specified mobilisation centre and the anticipated duration of the mobilisation. There is no minimum statutory notice requirement, but the Ministry of Defence (MOD) aims to give at least 28 days’ notice for short operations and at least between three
PRACTICE NOTES
ARCHIVED: This Practice Note considers the impact of the coronavirus (COVID-19) pandemic on Wills and provides answers or guidance on some of the main issues arising for practitioners. The latest guidance and updates are contained in this Practice Note. The areas and Q&As covered in this Practice Note are: • Will execution ◦ What formal requirements for a valid Will may cause particular difficulty during the coronavirus (COVID-19) pandemic and are there any alternatives? ◦ Are there any discussions or consultations around suspending the formal requirements for a valid Will (in particular, the requirement to have two witnesses) during the coronavirus (COVID-19) pandemic? This includes information about the Wills Act 1837 (Electronic Communications) (Amendment) (Coronavirus) Order 2020 which ensures that Wills witnessed virtually using video technology will be considered valid. • Will drafting ◦ I am inundated with clients who want new Wills due to the coronavirus (COVID-19) situation, but have no childcare. Could I be a key worker? For guidance on other matters affecting Private Client practitioners
PRACTICE NOTES
This archived Practice Note tracked the changing developments in relation to the holding of valid and effective general meetings and annual general meetings during the coronavirus pandemic and the restrictions brought in to contain it. For ongoing (post-pandemic) information on the calling and holding of hybrid general meeting and AGMs see: • How to call and hold an effective hybrid general meeting • Holding entirely virtual or hybrid general meetings and AGMs For general information on the calling and holding of company meetings see: • Calling a general meeting (including an AGM) • Holding a general meeting of a private company or unlisted public company • Holding a general meeting of a listed public company • Holding an AGM of a private company or unlisted public company • Holding an AGM of a listed public company Pre-pandemic hybrid general meetings and AGMs In the years before the coronavirus pandemic, a number of FTSE 350 companies started broadcasting their AGMs by webcast in addition to holding a physical meeting, and 2016 saw the