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NEWS
Commercial analysis: The case of Advanced Multi-Technology for Medical Industry v Uniserve Ltd was a dispute arising out of agreements relating to the procurement of Personal Protection Equipment (PPE) including medical masks during the coronavirus (COVID-19) pandemic. It raised a number of contractual issues, including misrepresentation and authority to act on behalf of another individual/entity and to bind them legally. Written by Iain Sharp, partner, and Reema Shour, professional support lawyer, both at Hill Dickinson LLP.
NEWS
The Insolvency Service has published its monthly insolvency statistics for February 2024 on company and individual insolvencies. The data shows that 2,102 company insolvencies were registered, 17% higher than February 2023 and also 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 February 2024 was 10,136, 23% higher than in February 2023.
PRACTICE NOTES
Background The coronavirus (COVID-19) pandemic led to unprecedented social distancing measures and lockdowns. This in turn had a significant impact on the ability of the courts, and court users, to carry out their normal functions. In response, the courts began operating under new protocols and procedures. See Practice Note: Coronavirus (COVID-19)—Changes to the court process in insolvency proceedings [Archived]. To supplement these changes, and in order to deal with specific challenges relevant to insolvency proceedings, a Temporary Insolvency Practice Direction (TIPD) was introduced on 6 April 2020. This dealt with COVID-19 related issues such as court procedure and the ability to make virtual statutory declarations for the purposes of opening administration proceedings in light of social distancing, as well as miscellaneous issues in insolvency proceedings that were ambiguous under the Insolvency (England and Wales) Rules 2016 (IR 2016), SI 2016/1024 and subject to conflicting case law. The latter were the validity and effective time of filings made using CE-filing when appointing an administrator using the out of court procedure
PRACTICE NOTES
Coronavirus (COVID-19): The COVID-19 Clinical Negligence Protocol (2020) (last updated in June 2021) was created to adapt clinical negligence claims handling and litigation processes during the coronavirus (COVID-19) situation. The protocol covered limitation and extensions of time, communication, service, medical examinations, exchange of evidence, interim payments, settlement meetings and mediations, BACS payments, costs budgeting and hearings (including adjournments). This Protocol was superseded in August 2024 by the Clinical Negligence Claims Agreement 2024 which builds on the previous Protocol with various practices now adopted into everyday claims management. The new Agreement is not contractually binding but places an emphasis on collaborative working between the parties. Limitation generally Section 2 of the Limitation Act 1980 (LA 1980) provides a general rule that an action founded on tort shall not be brought after expiry of six years from the date on which the cause of action accrued. A special rule, however, applies, under LA 1980, s 11, in respect of claims seeking damages for personal injury (which includes clinical negligence cases). Under section 11, that
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. CORONAVIRUS (COVID-19): Many arbitral organisations have responded to the coronavirus pandemic with practical guidance and/or changes to their usual procedures and ways of working. Appointing the tribunal is an important step in any arbitration. Having the right tribunal is key to ensuring the arbitration runs efficiently and that a just result is reached. The method of appointment of the arbitral tribunal will depend on several factors, most importantly any provision made by the parties in their arbitration agreement or in some other written document, see Practice Note: Choosing your arbitral tribunal. This Practice Note considers matters relating to the appointment of a tribunal or sole arbitrator under the 2017 Rules of Arbitration of the International Chamber of Commerce (ICC) (2017 ICC Rules). The 2017 ICC Rules apply to any ICC arbitration commenced between 1 March 2017 and 31 December 2020 (unless the parties expressly agree that an earlier version of the ICC Rules will apply, which is unlikely). It also refers
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. CORONAVIRUS (COVID-19): Many arbitral organisations have responded to the coronavirus pandemic with practical guidance and/or changes to their usual procedures and ways of working. This Practice Note sets out the emergency arbitration procedure available to parties under the 2017 International Chamber of Commerce (ICC) Rules of Arbitration (2017 ICC Rules), to enable parties to obtain emergency interim or conservatory measures before a tribunal has been constituted. The 2017 ICC Rules apply to any ICC arbitrations commenced on or after 1 March 2017, unless the parties have agreed to submit to the rules in force on the date of their arbitration agreement. The 2017 ICC Rules include: • an expedited procedure which automatically applies where the arbitration agreement is entered into after 1 March 2017 and the amount in dispute is below US$2m. In cases above this threshold, the parties must opt-in. For guidance on the ICC expedited procedure, see Practice Note: ICC Rules (2017)—expedited procedure [Archived] • amended costs provisions effective from
PRACTICE NOTES
On 23 March 2022, the European Commission (Commission) adopted a Temporary Crisis Framework (TCF) to enable Member States to use the flexibility foreseen under State aid rules to support the economy in the context of Russia's invasion of Ukraine, based on Article 107(3)(b) TFEU. On 9 March 2023, the Commission adopted the Temporary Crisis and Transition Framework (TCTF) to support measures in sectors which are key to accelerate the green transition and reduce fuel dependencies. The TCTF replaced the TCF. On 25 June 2025, the Commission adopted the Clean Industrial Deal State Aid Framework (CISAF) to support the Clean Industrial Deal. The CISAF replaced the TCTF. The CISAF will remain in place until 31 December 2030. This document tracks all Commission decisions issued under the TCF, TCTF, and CISAF. NOTE—For all State aid decisions issued by the Commission under the Temporary Framework adopted in the context of the coronavirus (COVID-19) outbreak, see further—Coronavirus (COVID-19)—State aid case tracker NOTE—For all ongoing and completed Commission decisions involving State aid under the normal rules, see further,
PRACTICE NOTES
The statutory residence test (SRT) is the test used to determine if an individual is UK tax resident for tax years 2013–14 onwards. It is critical to understand that the test applies for the purposes of income tax, capital gains tax, inheritance tax (IHT) and corporation tax only. Separate and different tests govern other areas: Stamp Duty Land Tax and National Insurance in particular. It is also important to note that the SRT looks at the consequences of presence in, and links to, the UK. This is very different from immigration law and whether one has permission to be present or work in the UK. A final caveat is that these notes refer to the UK as a whole. There are separate rules, not covered here, as to whether an individual is resident in a constituent country, such as Scotland or Wales, for the purposes of their devolved taxing rights. As noted in Practice Note: The structure of the statutory residence test, determining an individual’s tax residency position under the SRT is, at most,
NEWS
Insurance and Reinsurance analysis: Geoffrey Maddock, a partner at Herbert Smith Freehills LLP, and Grant Murtagh, of counsel, examine the High Court’s decision to sanction a scheme for the transfer of insurance business from Legal and General Assurance Society (LGAS) to ReAssure which, despite objections by some policyholders, it found to be fair in all the circumstances.
PRACTICE NOTES
Attending criminal hearings remotely can be a challenging task. Long hours spent in front of a screen or on the phone concentrating hard are more tiring than sitting in a court room with all the participants present and this is likely to affect listening. This Practice Note provides corporate crime practitioners appearing in remote hearings by live link (audio or video link) in the criminal courts with practical guidance and useful information. This Practice Note should be read in conjunction with Practical tips for remote attendance at criminal hearings—checklist. Will my hearing go ahead remotely? The criminal courts in England and Wales have the power to allow a person to attend a hearing in the criminal courts remotely via live audio link or live video link. For information on when remote attendance may be granted and the procedure for the making, variation and revocation of live link directions, see Practice Note: Remote hearings in the criminal courts. In the criminal jurisdiction, the power to hold hearings remotely derives from various legislation.
PRECEDENTS
ARCHIVED: This precedent has been archived and is not maintained. [ 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
Q&As
Disputes over statutory sick pay and other statutory payments Statutory sick pay (SSP) is included in the definition of wages set out in section 27(1) of the Employment Rights Act 1996 (ERA 1996) (see Practice Note: Deductions from wages, in particular section: Definition of wages). As a result, it might be expected that disputes about whether an employee has received the correct amount of SSP from their employer could be determined by means of a deduction from wage. However, the tribunal only has jurisdiction if the amount of the employee’s entitlement is uncontested. In Timmons, the EAT held that, because the statutes and regulations dealing with SSP set out a comprehensive and exhaustive body of rules and procedures by which the amount of SSP should