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Q&As
CPR PD 51Z has been introduced in response to the coronavirus pandemic in relation to possession proceedings, and is effective from 27 March 2020, automatically ceasing to have effect on 30 October 2020. It provides that all proceedings for possession brought under CPR 55 and all proceedings seeking to enforce an order for possession are stayed for a period of 90 days. In effect therefore extant possession claims and enforcement proceedings are automatically stayed. Additionally, by separate provision, from 26 March 2020 until 30 September 2020 (which may be extended) landlords must give three months’ notice to tenants if they intend to seek possession. There is nothing in the Practice Direction that prevents a
Q&As
This Q&A assumes that the legal costs in question are those of preparing the statutory demand, whether or not this includes the costs of advising the creditor on the service of a statutory demand and whether this is an appropriate step for recovery of the claim. It also assumes that the creditor’s demand is worth serving in light of the temporary measures currently in force to protect debtor companies on account of coronavirus (COVID-19), assuming the debtor is a company and not an individual (this response proceeds on the basis of that assumption). See section 10 of the Corporate Insolvency and Governance Act 2020 (CIGA 2020) and CIGA 2020, Sch 10, noting the definitions of ‘relevant period’ in CIGA
Q&As
As noted in flowchart: Legal system for civil tax appeals in England and Wales—flowchart, if permission to appeal is allowed, an appeal against a decision of the Upper Tribunal (Tax and Chancery Chamber) (UT) is normally heard by the Court of Appeal. (In fact, the UT must specify which of the Court of Appeal in England and Wales, the Court of Session or the Court of Appeal in Northern Ireland is the most appropriate venue for the appeal. For the purposes of the guidance provided below, it is assumed that the Court of Appeal is the appropriate appellate court.) The information below is based on the time limits that normally apply. However, it is worth bearing in mind that tribunals/courts may extend time limits and allow late appeals and that, during the coronavirus (COVID-19) pandemic, the tribunals/courts
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. The Construction horizon scanner tracks key upcoming developments of interest to construction lawyers. Once a development occurs, it is moved into the archive for the relevant year. This is the archive for events that occurred in 2020. Legislation What happened? When? Find out more CIGA 2020: Corporate Insolvency and Governance Act 2020 published 26 June 2020 (Royal Assent 25 June 2020) The CIGA 2020 make various changes to insolvency law in response to the coronavirus (COVID-19) pandemic. A key change for the construction industry is that, subject to certain exclusions, suppliers of goods or services will be unable to rely on contractual clauses allowing for the termination of the contract or supply in the event of the counterparty’s insolvency or restructuring—see News Analysis: Corporate Insolvency and Governance Bill—restrictions
Q&As
The use of video-conferencing technology has become essential for lawyers since the coronavirus (COVID-19) pandemic. If your client wishes you to attend rather than provide advice over the telephone when required, you will be better prepared if you have taken the advance steps set out in this Q&A. You should encourage existing clients to download video-conferencing facilities onto their smartphones now, before any issues arise. They should try and keep their phone battery well-charged, particularly overnight. Clients may need your advice urgently and you may need to see documents quickly in order to provide that advice. Offer your clients a ‘test call’ using this video-conferencing technology to ensure that, if they ever need to use it, they are familiar with the procedure for getting in contact with you. If you are required to advise a client during a search, the best advice is to use this technology to be ‘present’
Q&As
Taking control of a judgment debtor’s goods pursuant to a writ or warrant of control is a standard procedure where the judgment is unsatisfied. However, in light of the significant social restrictions being imposed as a result of coronavirus (COVID-19) practitioners should note that, as set out below, either procedure can involve personal contact through an enforcement agent (EA) or bailiff entering the debtors’ premises, as well as the sale of the goods. This may be difficult if the EAs or bailiffs are unwilling or unable, for reasons of social distancing or isolation, to attend properties in person. Practitioners may want to consider other enforcement methods that are much less likely to require personal attendance on the judgment debtor’s property, and do not involve public auction, which are considered towards the end of this answer. Attending the debtor’s premises under the taking control of
Q&As
The Corporate Insolvency and Governance Act 2020 (CIGA 2020) inserted section 233B into the Insolvency Act 1986 (IA 1986) as part of a package of measures intended, among other things, to mitigate the economic impact of the coronavirus (COVID-19) pandemic. The first point to note is that IA 1986, s 233B only applies where a company becomes subject to a relevant insolvency procedure (as defined in IA 1986, s 233B(2)). It therefore follows that there would be no impact upon a parent company guarantee if that guarantee is triggered by, for example, the customer being unable to pay its debts in circumstances where the customer has not (yet) entered any of the insolvency procedures specifically referred to in IA 1986, s 233B(2). This will always be a fact-sensitive
Q&As
A break clause allows the landlord or the tenant to exercise the option to bring a tenancy to an end before the expiration of the fixed term. Such clauses allow an element of flexibility and are increasingly common particularly in response both to the financial crash in 2008 and the coronavirus (COVID-19) pandemic. Many tenants wish to afford themselves protection by the ability to exit a fixed term tenancy before the end of the term and thus are likely to insist on such clauses. When considering service of a break notice, first recourse should be had to the terms of the lease. The lease may specify the manner in which notices are to be given including where
GUIDANCE
ARCHIVED: This Overview has been archived and is not maintained. This subtopic draws together content on the fiscal events throughout the tax year 2020–21 starting with the Summer economic statement on 8 July 2020, through release of draft provisions for Finance Bill 2020–21 to the expected passage through parliament of the Finance Act 2021 (FA 2021). For more information on the annual Budget and Finance Bill process, see Practice Note: The Budget and Finance Bill process. Autumn Budget 2020 The Autumn Budget for 2020 was cancelled in an announcement HM Treasury on 23 September 2020 due to the coronavirus (COVID-19). On 24 September 2020, the Chancellor of the Exchequer, Rishi Sunak, unveiled his Winter Economy Plan. This set out
NEWS
This week's edition of Insurance & Reinsurance weekly highlights includes: HDI reaches settlement on planes stranded in Russia; AerCap says insurers are on the hook for stranded planes; AerCap says sanctions don’t excuse insurers for lost jets; Steakhouse settles with QIC Europe over COVID-19 payout; NFU Mutual denies liability in £10m COVID-19 loss dispute; Insurers challenged over furlough cuts on COVID-19 claims; the cases of Wyllie and others v Joseph and others and Birley & Anor v Heritage Independent Living Ltd; Hotel group Brittania settles with Aviva over £6.2m payout; FCA sends portfolio letter to wholesale brokers; IAIS publishes roadmap 2025–2026; cases and decisions; key dates for your diary; and other news highlights reported over the past week.
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note was originally written for Lexis Practice Advisor®, in the US. This Practice Note provides an overview of the copyright registration process, including the benefits of federal registration, how to draft and file a copyright application (either electronically or by paper), filing fees, the deposit requirement, responding to inquiries from the US Copyright Office, and the possibility of preregistration of certain types of works. Note that the Copyright Office issued several notices adjusting timing provisions for certain copyright applications and expanding electronic submission options in response to the coronavirus (COVID-19) pandemic. For an overview of copyright law, see Practice Note: US—copyright fundamentals [Archived]. Benefits of copyright registration The moment an author fixes an original work of expression in a fixed medium (such as on paper, in a computer file, or on a sound recording), a copyright automatically attaches to that work. There is no requirement under the Copyright
Q&As
The coronavirus (COVID-19) pandemic has led to unprecedented social distancing measures and lockdowns being introduced. This in turn has had a significant impact on the ability of the courts, and court users, to carry out their normal functions. In order to deal with specific challenges relevant to insolvency proceedings, a new Temporary Insolvency Practice Direction was introduced on 6 April 2020. It expired on 1 October 2020 and has been replaced several times (all in the same form), the most recent version of which, the Temporary Insolvency Practice Direction Supporting the Insolvency Practice Direction (TIPD), has effect from 30 June 2021 and expires on 30 September 2021. For further details on the Practice Direction on Insolvency Proceedings which the TIPD supports, see Practice Note: The Temporary