Arbitration analysis: Starting in 2020, the world took a new approach to work due to the coronavirus (COVID 19) pandemic. Despite the inability to meet in person, work needed to continue, and this included arbitration hearings. This led to the heavy adoption of virtual meeting rooms and has had a significant impact on the way that arbitrations are conducted. The legal community is still learning how to deal with the impacts of switching to a virtual environment, a trend that has continued since COVID 19 due to its convenience. Amber Barto, summer intern at P.R.I.M.E. Finance explores the implications of virtual arbitration.

Dispute Resolution analysis: The High Court, in United Technology Holdings Ltd v Chaffe and others and Jackson v Hayes and Jarvis (Travel) Ltd, confirmed that witnesses must attend trial in person in the absence of good reasons to the contrary. The courts ruled against remote attendance for witnesses and parties not living in the jurisdiction or facing difficulties travelling to England during the coronavirus (COVID-19) pandemic, as the default position is that hearings should take place in the court ‘unless there are good health‑related reasons’ not to. If there are, these should be detailed in evidence by provision of a witness statement. Written by Westley Walker, senior associate, at Bristows LLP.

The Insolvency Service has reported that Jagoda Rubaszko has been convicted for fraudulently obtaining a £50,000 coronavirus bounce back loan (BBL). Rubaszko received an 18-month suspended prison sentence after falsely claiming to operate an administrative service business with a £210,000 turnover while the funds were being transferred to five separate Polish bank accounts. The sentence includes a six-month curfew and 175 hours of unpaid work. The Insolvency Service is pursuing recovery under the Proceeds of Crime Act 2002 and Rubaszko remains subject to a ten-year bankruptcy restrictions undertaking until 2033.

The Insolvency Service has reported that Stanislav Genadiev, an electrician, fraudulently used coronavirus (COVID-19) Bounce Back Loans (BBL) to pay off personal debts. The two loans were worth a combined amount of £100,000 and were supposed to be used solely for the benefit of his business. The money was also used to pay for personal items such as groceries and clothing. Genadiev has been ordered to pay £56,000 within three months or he faces a prison sentence of 18 months. The amount will still be payable regardless of whether he goes to prison for the offence.

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 guidance published by, a Competent Authority which:

The Charity Commission for England and Wales has launched its strategy for 2024-2029 including its core purpose and five strategic priorities of fairness, balance, independence, digital and data, and people. The priorities were informed and guided by challenges such as the cost-of-living crisis and the disruption that resulted from the coronavirus (COVID-19) pandemic. Financial resilience was said to be a central issue in the upcoming five years. The strategy further anticipates the opportunities, risks and challenges associated with rapidly changing technology and shifting social norms.

The Ministry of Housing, Communities & Local Government has published guidance on the new Housing Possession Mediation Service for landlords and tenants undergoing possession proceedings. The service, which is free to use for all landlords and tenants currently undergoing possession proceedings, was created as part of the government’s work on new court arrangements to support parties during the ongoing coronavirus (COVID-19) pandemic. It has been designed to help landlords and tenants to resolve cases without the need for a face to face court hearing, and will see parties work alongside a neutral mediator to identify issues and work to resolve them.

Property Disputes analysis: This is the first judgment to be handed down relating to a claim for arrears of rent and service charge of retail premises where the tenant relied upon the closure of retail units imposed upon them during lockdowns as a result of the coronavirus (COVID-19) pandemic. The claim was for arrears of rent and service charge and was defended on various grounds relating to the government’s response to the coronavirus pandemic as well as contentions relating to the landlord’s obligation to insure against loss of rent. Each of the defences was rejected by the court which awarded summary judgment for the landlord for the arrears of rent and service charge. Given that many commercial tenants have withheld rent on the strength of the imposed closures during periods of lockdown, the case provides guidance on some of the issues raised by tenants and will come as a welcome development for landlords. Written by Gary Cowen QC, Queen’s counsel at Falcon Chambers who appeared in the case for the landlord.

This week's edition of Public Law weekly highlights includes the Public Law case law quarterly for Q1 2025 and expert analysis of the decision in Merck Serono v Comptroller-General, in which the Court of Appeal considered the law of precedent and the court’s power to deviate from assimilated EU case law. Also in this edition, a reminder of upcoming court fee increases, emergency legislation to prevent new Sentencing Council guidelines from taking effect, further draft legislation revoking legacy public procurement regulations, launch of the National Infrastructure and Service Transformation Authority, publication of eight draft codes of practice under the Investigatory Powers Act 2016, plus discussion of developments in UK statutory interpretation principles. Case updates include a recent decision to lift the automatic suspension in a public procurement challenge, a successful human rights challenge against a decision by the Director of Legal Aid Casework, plus a number of judicial review and freedom of information cases. The highlights include further updates on Brexit SIs, Post-Brexit transition guidance, constitutional and administrative law, Coronavirus (COVID-19), judicial review, equality and human rights, public procurement, state accountability and liability, subsidy control and State aid, information law and other Public Law news.

Restructuring & Insolvency analysis: The court imposed a seven-year disqualification order on the defendant on the basis that payments to a connected company were: (i) gratuitous payments to the detriment of the Company’s general body of creditors at a time when the Company was insolvent and the defendant knew or ought to have known that it had no real prospect of success, and (ii) involved the use of funds borrowed under a Bounce Back Loan (BBL) and a Coronavirus Business Interruption Loan (CBIL) in breach of the loan agreements. Written by Giselle McGowan, barrister at 9 Stone Buildings.

The Mayor of London, Sadiq Khan, has stated that, according to a forecast based on a City Hall analysis of information provided by Savills, rents in London could increase by up to 19% over the next five years, which amounts to, on average, £370 extra per month. To avoid this, Khan has emphasised the importance of the government giving him powers to introduce rent controls in London and set up the London Private Rent Commission which would be responsible for designing and implementing the rent controls. In addition, he has called for powers to freeze private rents in order to protect renters from the ongoing financial impact of the coronavirus (COVID-19) pandemic.

The EU has launched a new plan for preventing, preparing for and responding to health crises. It is intended to improve coordinated action during emergencies by providing tools for sharing information, expertise and technical assistance. The plan covers all types of health threats and sets out the EU’s crisis management framework, including available resources and surveillance systems. Drawing on lessons from coronavirus (COVID-19), the plan requires Member States to develop national crisis strategies aligned with EU structures. It will be updated regularly and tested through simulation exercises, with the first scheduled for 2026.