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PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note is a summary of the key legal developments of relevance to personal injury and clinical negligence practitioners as of June 2020. For the most recent horizon scanner, reference should be made to PI and Clinical Negligence horizon scanning—overview. New special account rate The Ministry of Justice has announced the reduction of interest rates for Court Funds Office special and basic accounts from 1 June 2020. The special account rate has reduced from 0.5% to 0.1% and the basic account has reduced from 0.1% to 0.05%. The Lord Chancellor will further review the level of interest paid to clients should the Bank of England base rate rise in the future. See News Analysis: Changes to interest rates for Court Funds Office special and basic accounts and LNB News 01/06/2020 25. Coronavirus (COVID-19) To stay ahead of the fast-moving changes in the courts’ processes and procedures necessitated by the pandemic and for industry guidance on how
PRACTICE NOTES
Key legislation, licences and guidance Source Details Legislation: The key legislation that underpins the Feed-in Tariff (FiT) scheme is the:Feed-in Tariffs Order 2012 (FiT 2012), SI 2012/2782, as amended by the:• Feed-in Tariffs and Contracts for Difference (Amendment) (EU Exit) Regulations 2018, SI 2018/1092 • Feed-in Tariffs (Closure, etc) Order 2018, SI 2018/1380 • Feed-in Tariffs (Amendment) (Coronavirus) Order 2020, SI 2020/375 • Feed-in Tariffs (Amendment) (Coronavirus) (No 2) Order 2020, SI 2020/957 • Feed-in Tariffs (Amendment) Order 2023, SI 2023/127 • Feed-in Tariffs (Amendment) Order 2026, SI 2026/2 Energy Act 2008 (EnA 2008), under which the FiT 2012 was made. Licence provisions: Along with the above legislation, the detailed mechanics of the FiT scheme are also implemented by the Standard Conditions of Electricity Supply Licences (SLCs), Con 33 and 34. Guidance: Ofgem provides the key guidance available in respect of the FiT scheme. Most notably this comprises:Feed-in Tariffs: Guidance for Renewable Installations (Ofgem Generator Guidance), andFeed-in Tariff: Guidance for licensed electricity suppliers (Ofgem Supplier Guidance)Feed-in Tariffs: Essential guide to closure of the
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
NEWS
The European Union Intellectual Property Office (EUIPO) has published a report detailing its findings of the impact of coronavirus (COVID-19) on EU trade mark (EUTM) filings. The report covers data sources, the macroeconomic environment during COVID-19, the evolution of total EUTM filings and the EUTM filings from Member States. The analysis revealed that the COVID-19 pandemic’s onset in 2020 and its continuation into 2021 had a temporary but noticable impact on the volume and nature of EUTM filings.
NEWS
The Insolvency Service has reported that video game composer and sound designer Peter Connelly has been sentenced to 16 months in prison for fraudulently obtaining a second coronavirus bounce back loan (BBL). Connelly, who had already secured a legitimate loan of £22,000, inflated his company’s turnover from £58,000 to £150,000 during the pandemic to secure an additional £37,500. Connelly has also been disqualified as a company director for six years and entered an Individual Voluntary Arrangement (IVA) in June 2022 which remains active.
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
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
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,
PRACTICE NOTES
STOP PRESS: This Practice Note is being updated for Statement in Changes HC 584, see: LNB News 03/09/2026 37 (Fee waiver application date does not count for 3C leave if no human rights application submitted, and Biometrics have to be completed even if application varied). Changes in force for applications from 8 October 2026. In this Practice Note, the terms ‘leave to enter/remain’ and ‘permission to enter/stay’ are used interchangeably. The word ‘permission’ replaces ‘leave’ in the Immigration Rules for simplified routes, but the former term is still used in other categories of stay and the relevant legislation. A person with permission to enter or remain in the UK, who wishes and is permitted to apply to stay beyond the date their current leave expires, or who wishes to change immigration route is generally required to make an application when in the UK to the Home Office to vary their permission. A person’s permission may be varied: • by restricting, enlarging or removing the limit on its duration, or • by adding, varying or revoking
Q&As
For information generally on preparing and submitting bundles for remote hearings, see the section of Practice Note: Remote hearings in the employment tribunal entitled ‘Preparing and Submitting documentation’. The Court and Tribunals Judiciary: Practice Directions and Guidance for Employment Tribunals (England and Wales) page lists both: • Presidential guidance on general case management (22 January 2018), and • Presidential Guidance (England and Wales) on remote and in-person hearings (14 September 2020) While the Presidential Guidance on remote and in-person hearings was written during and in the context of the coronavirus (COVID-19) pandemic, it continues to apply. It is expected that the guidance in these documents will be put
Q&As
The Department of Health guidance: Maintaining high professional standards in the modern NHS (MHPS) is now archived, and available on The National Archives website. The NHS Resolution website refers to interim guidance: Maintaining high professional standards in the modern NHS for NHS organisations managing concerns during the coronavirus (COVID-19) outbreak. The MHPS guidance is outside the scope of Lexis®+ UK Employment. However, you may find useful the ‘Key changes’ section of the MHPS guidance, which states that ‘the distinction between personal and professional
Q&As
Is there any time limit within which the enforcement notice must be served after the arrears first fall due? Pursuant to section 77(3) of the Tribunals, Courts and Enforcement Act 2007 (TCEA 2007), commercial rent arrears recovery (CRAR) is only exercisable ‘if the net unpaid rent is at least the minimum amount [which has been amended for the period of the coronavirus (COVID-19) pandemic—see below] immediately before each of these (a) the time when notice of enforcement is given (b) the first time that goods are taken control