This week's edition of Construction weekly highlights includes a case in which the Technology and Construction Court (TCC) considered whether a sub-contractor’s payment application was valid (RGB v TAWE Drylining), a case in which the Hong Kong Court of Appeal construed the requirements for notifying claims under a construction contract (Maeda v Bauer), a case in which the TCC struck out proceedings on the basis that they were an abuse of process (Re Fundão Dam Disaster), details of the House of Lords’ consideration of the Fire Safety Bill at report stage, the publication by HM Revenue & Customs (HMRC) of the responses to its consultation ‘Tackling Construction Industry Scheme Abuse’, the release of a report by the Green Alliance on what infrastructure the UK needs to get on track for ‘net zero’, and the publication of guidance from the Department for Business, Energy & Industrial Strategy (BEIS) on top actions that businesses in the construction sector must take to prepare for the end of the Brexit transition period.

This Practice Note is about the VAT zero-rating for developers selling or leasing certain buildings that they have constructed, where the building is intended for use by a charity. These are referred to as buildings for a relevant charitable purpose (RCP). This Practice Note includes references to case law from the EU Court of Justice. For guidance on whether judgments of the Court of Justice are binding on the UK courts, see Practice Note: Assimilated law—Assimilated case law. For guidance on assimilated law (formerly retained EU law) and tax more generally, including on the bespoke approach that has been introduced in relation to VAT law, see Practice Note: Assimilated law and tax. The Court of Justice decisions referred to in this Practice Note were decided before the end of the implementation period (which the UK entered on 31 January 2020, and which ended at 11 pm on 31 December 2020). Why does zero-rating matter? If the zero-rating does not apply, the transaction will usually be exempt, so that the developer cannot recover

Immigration analysis: The Health and Care Worker (HCW) visa was introduced in August 2020, to support the recruitment of international health and care professionals into the NHS and adult social care sector. By February 2022 the route was expanded to include care worker and senior care worker roles, ostensibly with a view to fill 165,000 vacancies in a sector that had been ravaged by the joint pressures of Brexit and the coronavirus (COVID-19) pandemic. This analysis looks at what has happened since then, including the various restrictions imposed on the route and its final closure for new applicants, the increase of enforcement actions against sponsors, the more limited worker-facing response, and the uncertain future introduced by the ‘Earned Settlement’ proposals. Written by Dr Dora-Olivia Vicol, CEO at the Work Rights Centre.

TMT analysis: In a claim for libel brought by Unite the Union (Unite) over 24 Facebook posts made by a disaffected former member, Mrs Justice Collins Rice awarded general damages of £50,000 and granted a final injunction. The posts made serious allegations of criminality in relation to Unite’s branch for British Airways cabin staff (BASSA) which had conducted negotiations with BA in summer 2020 over a proposed large-scale redundancy exercise necessitated by the impact of the coronavirus (COVID-19) pandemic on the travel industry. This is a rare example of a defamation claim brought by a trade union and, although it needs to be treated with a degree of caution, the judgment provides some insight into how damages in such a claim should be assessed. Written by Aidan Eardley QC, barrister at 5RB.

This week's edition of Insurance & Reinsurance weekly highlights includes: Insurers say stranded jets not covered by war risks policies; the case of Leggett and others v American International Group UK Ltd; UK car insurers named and shamed for claims delays; Insurers call for tougher line on cladding after Grenfell; Government introduces reforms to UK terrorism reinsurer; Global commercial insurance rates drop 2% in late 2024; Allianz UK detects £157m record level of fraud in 2024; Man sentenced over £60k coronavirus (COVID-19) travel insurance fraud; Commission Implementing Regulation on technical information as required by the Solvency II Directive published in Official Journal; EIOPA launches consultation on AI governance and risk management Opinion for insurance sector; cases and decisions; key dates for your diary; and other news highlights reported over the last week.

The Health & Care Professionals Council (HCPC) has published a blog on the subject of the importance of maintaining fitness to practise, wellbeing and seeking help where necessary. In the blog post, Head of Fitness to Practise, Laura Coffey, states: ‘We are increasingly aware of the demand and pressures on health and care professionals and indeed most recently with the added impact of the global [coronavirus (COVID-19)] pandemic. Increasing workload on professionals and healthcare services, combined with growing external scrutiny of their practise has often been linked directly to high stress and poor wellbeing.’ She also highlights that the HCPC is currently consulting on the standards of proficiency, and that ‘one key area of change being proposed within this consultation is the importance of our registrants maintaining fitness to practise as well as considering the role of mental health and being able to seek help where necessary’. This includes whether the standards should ‘mention mental health or wellbeing explicitly’.

Appeals filed before 2 December 2024 This Practice Note applies only to: • appeals to the Supreme Court which were proceeding before 2 December 2024, and • applications for permission to appeal and notices of appeal which were filed before 2 December 2024 unless the court or Registrar directs that the SCR shall apply (SCR 62). Appeals filed before 2 December 2024 are subject to the Supreme Court Rules 2009 (revoked) and the Practice Directions as they were in force up to that date. References to those Rules and Practice Directions in this Practice Note are in the form ‘old SCR 23’ and ‘old SCR PD 2’. Copies of those Rules and Practice Directions may be found here: There is still a section dedicated to these old rules on the Supreme Court website. Appeals filed on or after 2 December 2024 Cases which do not fall within the categories noted above (or where the court or Registrar has directed that the SCR will apply) are subject to the SCR and the associated Practice

Dispute Resolution analysis: This judgment dealt with sentencing for 31 particularised grounds of contempt, following protracted litigation between Super-Max Offshore Holdings and their former owner and later Executive Chairman, Rakesh Malhotra. Sir Michael Burton divided the 31 offences into five categories of seriousness, applying a combination of concurrent and consecutive custodial sentences before making an overall reduction to account for totality. The total sentence was 15 months—stayed pending appeal to the Court of Appeal. The judge rejected a submission that the court should take into account the impact of the coronavirus (COVID-19) when sentencing, although it is not clear whether he was specifically referred to the judgment of the Lord Chief Justice in R v Manning [2020] EWCA Crim 592 where it was held that ‘the current conditions in prisons represent a factor which can properly be taken into account in deciding whether to suspend a sentence.’ Written by Alexander West, barrister, at Albion Chambers, Bristol.

The London Court of International Arbitration (LCIA) has published its third costs and duration analysis, covering arbitration cases from 1 January 2017 to 12 May 2024. The report reveals that the median LCIA arbitration costs $117,653 and lasts 20 months, with tribunals taking four months to produce awards. Notably, cases with claims under $1m are resolved in just 12 months. The analysis demonstrates that LCIA arbitration costs are lower than those of compared institutions across most dispute amounts, particularly for larger cases. Despite a slight increase in median costs from the previous report, overall costs and duration have remained relatively stable since 2017. The study also acknowledges the potential impact of coronavirus (COVID-19) on case duration, though further analysis is required to fully assess its effects.

This week's edition of Insurance weekly highlights includes: Top court to hear appeal in COVID-19 insurance furlough case; AI risks leaving UK businesses exposed to insurance gaps; PRA publishes letter on solvency-triggered termination rights in BPA transactions; PRA, FCA and Society of Lloyd's announce streamlined authorisation process for managing agents; IAIS publishes Application Paper on fair treatment of a wide range of consumers plus dates for your diary and key recent cases.

All employees, with certain exceptions, are entitled to receive statutory sick pay (SSP) from their employers, under the Social Security Contributions and Benefits Act 1992 (SSCBA 1992). For information about sick pay, generally, see Practice Note: Sick pay. Statutory sick pay (SSP) qualifying conditions The essential qualifying conditions for SSP to be paid in respect of a particular day of sickness absence are: • the individual must be an employee as defined and not fall within one of the excluded categories • they must be too ill to undertake any work under their contract of employment on any day for which they claim SSP, or deemed to be so • the day in question must

This week's edition of Insurance & Reinsurance weekly highlights includes: Howden sued for £20m over hotel chains COVID-19 losses; the case of Dormer (a protected party, by his mother and litigation friend Iteen Dormer) v Wilson and others; Insurers to benefit from Italy’s mandatory catastrophe cover; Berkeley and contractor settle £15m Grenfell-style cladding claim; FCA awaits government’s answer to City Consumer Duty pushback; FCA retains exceptional circumstances test for announcing investigations; UK regulators address diversity and inclusion proposals: current status and future plans; cases and decisions; key fates for your diary; and other news highlights reported over the past week.