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Q&As
You may wish to consider sector specific requirements for teachers performing a Special Educational Needs Co-ordinator (SENCO) role in a school, such as: • all state-funded mainstream schools in England, including maintained schools, academies and free schools must employ a teacher with qualified teacher status in the SENCO role. Alternatively, the headteacher or academy principal can be appointed as SENCO (see Children and Families Act 2014, s 67 and Governance handbook, s 6.5.12) • if a newly-appointed SENCO has not been a SENCO before, or has not been one for more than 12 months (in the current school or any other mainstream school),
PRACTICE NOTES
ARCHIVED: This Practice Note is archived and is no longer maintained. Coronavirus (COVID-19) Lawyers across the world have been grappling with many common areas of concern in connection with the coronavirus (COVID-19) pandemic. There are a number of areas that are particularly relevant to banking and finance lawyers. For more detail and analysis on these, see Practice Note: Coronavirus (COVID-19) implications for Banking & Finance lawyers, which is updated regularly with news, practical guidance and analysis covering the impact of COVID-19 developments. This Practice Note covers subject areas such as Force Majeure (which differs from how the derivatives Force Majeure provisions apply) and execution of documents as well as setting out the implications for different types of banking and finance lawyers. This Practice Note focuses on the implications for derivatives lawyers and how the COVID-19 pandemic has already affected the derivatives market, as well as how it will cause disruption on the market for the foreseeable future. It also sets out the practical implications and how derivatives practitioners should be responding to the pandemic. Which
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Commercial tenancy The tenant will need to have regard to: • any legislation requiring closure of premises or restricting movement that is in force and the potential for this to become more restrictive • any practical issues, for example the availability of any necessary contractors and the need to plan for the possibility that the relevant people may be unable to attend due to developing coronavirus (COVID-19) symptoms or being otherwise required to self-isolate • its responsibilities to its employees and any
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Trespass is the unlawful presence of a person on land or buildings in the possession of another, including: • wrongfully setting foot on or riding or driving over it, and • taking possession of it or expelling the person in possession See Practice Note: Trespass—claims and defences. The methods of regaining possession from a trespasser which are available to a landowner include: • physical repossession • arrest of the trespasser by the police for a criminal offence • injunction (including quia timet and interim injunctions) • possession claim (including a claim for an interim possession order) In addition to the above remedies which are available for regaining possession, a landowner
PRACTICE NOTES
ARCHIVED: This archived Practice Note, which explains the ways in which the coronavirus (COVID-19) pandemic affected the conduct and procedure of the tax tribunals, is up to date as at 1 October 2021, is not maintained and is for background information only. For more information, see: Disputes with HMRC: appeals—overview and Practice Note: Appealing an HMRC decision. Appeals and applications to the First-tier Tribunal and Upper Tribunal were both significantly affected by the coronavirus (COVID-19) pandemic. This guidance summarises the situation as at 1 October 2021. During the pandemic, the position was constantly changing. The Ministry of Justice provided regular updates and it remains advisable to check the Courts and Tribunals Judiciary website for the most up-to-date position. The Ministry of Justice published a webpage collating coronavirus advice and guidance. This includes ‘pilot’ practice directions, announcements and guidance. These practice directions are described as ‘pilot’ because they were introduced to deal with problems caused by the coronavirus-related restrictions, including lockdowns. Most of these practice
PRACTICE NOTES
Archived: This Practice Note has been archived and is no longer maintained. It summarised the temporary changes which were made to the Criminal Procedure Rules (CrimPR), SI 2020/759, by the Criminal Procedure (Amendment No 2) (Coronavirus) Rules 2020, SI 2020/417 which enabled the criminal courts in England and Wales to operate during the coronavirus (COVID-19) pandemic. These temporary amendments were expired as the restrictions imposed by the pandemic were removed and in their entirety on 28 June 2022 by virtue of the section 201 of the Police Crime Sentencing and Courts Act 2022 (PSCSA 2022). PSCSA 2022 also replaced these with permanent amendments relating to the use of live audio links and live video links in eligible criminal proceedings in England and Wales. For further information, see Practice Note: Remote hearings in the criminal courts. As part of the government’s response to the coronavirus (COVID-19) pandemic, the Coronavirus Act 2020 (CA 2020) temporarily amended the following provisions expanding the use of live links and video links in the criminal proceedings
PRACTICE NOTES
ARCHIVED: this archived Practice Note is no longer maintained and is for background information only. Following publication of the government’s COVID-19 Response: Living with COVID-19, under which the remaining coronavirus (COVID-19) domestic legal restrictions were removed in England from 24 February 2022, the ICO replaced its detailed, specific guidance with a brief form of guidance on data protection and COVID-19 from 28 March 2022. See: LNB News 28/03/2022 91. This Practice Note considers the position under the ICO’s previous, more detailed, guidance, which was deleted from 28 March 2022. This material considers the UK GDPR regime, and legislative links are to Assimilated Regulation (EU) 2016/679, UK GDPR, except where expressly stated otherwise. The coronavirus (COVID-19) pandemic is likely to give rise to situations that will require an employer to process, ie to collect, use and record, personal data and special category data relating to its workforce, in particular data concerning health (health information). Before processing any such data, the employer will need to consider whether that processing is lawful under Assimilated Regulation
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Schools and the coronavirus In accordance with its powers under section 37 and Part 1 of Schedule 16 to the Coronavirus Act 2020 (CA 2020), the government announced that schools would be closed from 20 March 2020 to all pupils except for those of key workers and vulnerable children. Under CA 2020, s 38 and CA 2020, Sch 17, Pt 1, the government has powers to ‘give directions regarding the continuing provision of education, training and childcare’ and has issued various guidance papers on the topic. See Education and childcare during coronavirus. On 28 May 2020 the government announced that nursery, reception, Year 1 and Year 6 pupils could attend nursery or primary schools. From 15 June 2020 secondary schools can invite Year 10 and Year
PRACTICE NOTES
Background The coronavirus (COVID-19) crisis has had a significant impact on businesses around the world, putting many at real risk of insolvency. Some jurisdictions have made temporary changes to their insolvency laws to assist companies (and their directors) and individuals given the current uncertainty over how long the crisis will continue and what its lasting effects will be. This Practice Note considers the position in the UK. For details on the reforms in other jurisdictions, see: Coronavirus (COVID-19) Tracker of insolvency reforms globally [Archived]. Previous proposals for reform On 26 August 2018, the government issued a response to its consultations on Insolvency and Corporate Governance, announcing several proposed changes to UK insolvency legislation. The proposals include the introduction of: • a moratorium available to all companies to allow companies to formulate restructuring proposals without creditor pressure • a new ‘restructuring plan’, being a new formal process to enable companies to cram down dissenting creditors • a prohibition on enforcement of contractual provisions permitting termination for an insolvency event in contracts and licences for the supply
NEWS
Banking & Finance analysis: Guy Dempsey, Of Counsel at Katten Muchin Rosenman LLP, and Carolyn Jackson, partner at Katten Muchin Rosenman UK LLP, and both P.R.I.M.E. Finance experts, discuss the impact of the coronavirus (COVID-19) on OTC derivatives, including which OTC derivatives are most affected by the pandemic, whether market disruption or other circumstances could become Force Majeure events, defensive measures market participants should be taking and how derivatives regulators are responding.
Q&As
With employees largely working from home in 2020 and 2021 and outside of traditional office working hours, what does this blurring of home and work life mean for the ownership of ‘creative’ works? The coronavirus (COVID-19) pandemic changed the way that we work in that more of us work outside of the physical office, at unconventional times and with our own computer equipment. In doing so, it has raised the profile of the question of who owns materials created ‘for work’ or ‘on the job’. The pandemic has not changed what you need to consider in determining who owns a copyright work in these circumstances. The starting point for the ownership of copyright materials is section 11 of the Copyright, Designs and Patents Act 1988 (CDPA 1988),
CHECKLISTS
ARCHIVED: This Checklist has been archived and is not maintained. This Checklist sets out key contractual provisions that parties should particularly consider when drafting and negotiating contractual provisions in TMT agreements given the coronavirus (COVID-19) pandemic and its effects. The direct and indirect impacts of coronavirus may include: • restrictions on travel, physical meetings or working on business premises arising as a result of health concerns or government interventions • unavailability of key staff (eg due to illness of those individuals or their family or due to travel restrictions) • the need to work outside of ‘business as usual’ patterns and based on contingency plans • fluctuations in demand for specific goods or services, which may in turn have implications for the creditworthiness of the parties or their requirements • the general economic effects of the pandemic, which may have implications for the creditworthiness of the parties • cost fluctuations as a result of the impact of the pandemic on supply chains (eg inflationary or deflationary impacts on prices) • potentially increased risk of supplier or customer