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NEWS
In response to the PPE procurement scandals during the coronavirus (Covid-19) pandemic, Spotlight on Corruption (SOC) has called for the introduction of a new 'corruption in public office' offence and permanent establishment of the domestic corruption unit within the City of London Police, supported by long-term funding commitments. These recommendations form part of a broader package of reforms aimed at preventing cronyism in public contracts and ensuring greater accountability in public procurement. The proposals come in the context of significant failures in managing conflicts of interest during the pandemic, particularly in relation to the VIP lane for PPE procurement, where suppliers were ten times more likely to secure contracts than through standard channels, despite delivering PPE that was frequently unusable and significantly more expensive.
NEWS
The Financial Conduct Authority (FCA) has published the findings of its multi-firm review into share buybacks conducted by UK listed equity issuers. The review focused on how banks structure, market and execute buybacks, particularly for FTSE 350 issuers and assessed the outcomes delivered to issuers and the conduct of banks involved. The FCA analysed 165 buybacks worth £40bn executed by seven banks over an 18-month period, alongside engagement with issuers, investors and trade associations.The review found that buybacks have become a more prominent method of capital return, especially post coronavirus (COVID-19), and that banks generally delivered fair outcomes. However, the FCA identified areas for improvement in how banks educate issuers and disclose product features and potential outcomes. The FCA will consider feedback on UK Listing Rules and Market Abuse Regulation (MAR) in future regulatory reviews.
NEWS
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.
NEWS
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.
NEWS
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.
NEWS
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’.
NEWS
This week's edition of Insurance & Reinsurance weekly highlights includes: AerCap battles insurers over stranded jets as trial begins; Putin seized planes in political act, insurers say at UK trial; Putin helped airlines survive, insurers say in stranded jets trial; a case analysis on the ‘at the premises’ business interruption insurance appeal (LIEC v Allianz); AXA adds new platform for measuring climate risks; EIOPA presents its value for money benchmark methodology for unit-linked and hybrid insurance products; Packaged Retail and Insurance-based Investment Products (Retail Disclosure) (Amendment) Regulations 2024; cases and decisions; key dates for your diary; and other news highlights reported over the past week.
NEWS
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.
PRACTICE NOTES
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
NEWS
The Insolvency Service has announced that Harjinder Singh, director of HP Property (International) Ltd, has been sentenced to 22 months imprisonment, suspended for two years and disqualified as a company director for seven years following fraudulent applications for Covid support loans. Singh legitimately obtained a £20,000 Bounce Back Loan in May 2020 before fraudulently securing a second £30,000 Bounce Back Loan in June 2020 by falsely declaring it was his first application. He subsequently failed to declare the fraudulent £30,000 loan when applying for a £95,000 Coronavirus Business Interruption Loan in October 2020, despite scheme rules requiring disclosure of outstanding Bounce Back Loans. Birmingham Crown Court also ordered Singh to complete 200 hours of unpaid work and 20 days of rehabilitation activities. HP Property (International) Ltd entered compulsory liquidation in November 2021 and the Insolvency Service is pursuing recovery of the fraudulently obtained funds under the Proceeds of Crime Act 2002.
NEWS
This week's edition of Insurance & Reinsurance weekly highlights includes: All-Risk insurers demand war-risk payouts as stranded jet trial continues in London; Marsh loses appeal to Axe Chemical Co's negligence claim; Banks, insurers told to go further on managing climate risk; Insurers call for tougher line on cladding after Grenfell; Man sentenced over £60k coronavirus (COVID-19) travel insurance fraud; City struggles with compliance amid post-Brexit rule shifts; Five years on, dust settles on UK insurance’s Brexit upheaval; EIOPA consults on revised Guidelines on the methods for determining the market shares for limited reporting requirements; EIOPA issues Annual Report on Insurance Distribution Directive Sanctions for 2023; EIOPA publishes technical advice on new Solvency II proportionality framework; EIOPA recommends updates to standard formula capital calibrations for natural catastrophe risks in insurers; cases and decisions; key dates for your diary; and other news highlights reported over the past week.
NEWS
The European Commission has released its report to the European Parliament and the Council of the EU on the final evaluation of Horizon 2020, the EU’s eighth framework programme for research and innovation (R&I). The Commission’s findings show that Horizon 2020 has made significant contributions to societal impacts in areas including climate science, heath research, coronavirus (COVID-19) research, rare diseases, sustainable fishing, urban transport and cultural heritage. It also made a significant contribution to the European economy by stimulating employment, leveraging other funds and raising the productivity of the companies involved. The evaluation also highlighted that the programme can be improved by broadening participation, introducing a two-step application process, supporting women in R&I and unlocking more synergies with other EU national and regional initiatives.