The Cabinet Office has published an implementation update detailing progress across ten civil emergency preparedness recommendations from the coronavirus (COVID-19) Inquiry's Module 1 report. The update confirms that two recommendations have been closed. Key developments include the publication of the updated Central Government Concept of Operations for Emergency Response and Recovery (the Amber Book) in April 2025, and a revised National Risk Register released in January 2025, which aligns with the Cabinet Office's new dynamic assessment model. The update also highlights the planned Exercise PEGASUS, a UK-wide pandemic response exercise scheduled to take place between September and November 2025, and the launch of the UK Resilience Academy (UKRA) in April 2025 to strengthen emergency preparedness capabilities. From April 2026, the Cabinet Office will establish expert panels through the UKRA to scrutinise whole-system civil emergency planning.

The Ministry of Housing, Communities and Local Government (MHCLG) has published its updated guidance on operating principles for night shelters, effective from 3 January 2025. The revised document reflects evolving best practices in supporting rough sleepers, incorporating lessons learned from the coronavirus (COVID-19) pandemic. Key updates include a continued emphasis on providing single room accommodation where feasible, whilst acknowledging that communal models may be necessary in certain circumstances. The guidance outlines public health principles for shelter operations, including ventilation, hygiene practices and vaccination support. It also stresses the importance of partnership working with local authorities and health services and provides recommendations for maintaining high-quality shelter provision with a focus on outcomes and strong governance.

The US Food and Drug Administration (FDA) has recognised the potential of using AI and machine learning (ML) in the drug development life cycle, for example when selecting suitable patient populations for clinical trials and predicting patient outcomes. AI/ML predictive models are also able to identify patients who are more likely to benefit from the treatment or to react adversely, assisting in demonstrating the effectiveness of a drug. For example, for the first time the FDA’s Center for Drug Evaluation and Research (CDER) used AI/ML for a regulatory decision, in this case to identify a population who will likely benefit from a drug therapy in relation to an Emergency Use Authorization of the drug, Anakinra, in its treatment of coronavirus (COVID-19) patients.

Arbitration analysis: This case involved a breach of contract claim between a Canadian seller and a US (Minnesota) buyer for the sale of hand sanitisers during the early stages of the coronavirus (COVID-19) pandemic. Although the US buyer alleged that the UN Convention on Contracts for the International Sale of Goods (CISG) constituted an ‘impermissible new theory of liability at the summary judgment stage’, the court held that the CISG applied because the sales contract had been executed between parties of contracting states, Minnesota law governed the contract, and the parties had (neither explicitly nor implicitly) opted-out of the CISG. The court further ruled that an invoice was not a condition precedent in a cash-on-delivery (COD) contract. Finally, repudiating from US case law, the court held that attorneys’ fees were recoverable as foreseeable damages under CISG Art 74. Written by Gizem Alper, independent international legal and ADR advisor.

Dispute Resolution analysis: Travelport and 12 others sought declarations and specific performance to the effect that Wex was contractually obliged to complete the purchase of two groups of companies engaged in the business of facilitating payments in the travel industry. The agreed price for the purchase was approximately $US 1.77bn. The court had ordered the trial of 11 preliminary issues (some of which included sub-issues) on an expedited basis because the completion date was imminent. The contract included a material adverse effects (MAE) clause. Wex sought to invoke this clause in order to avoid completion, relying on the effects of the coronavirus (COVID-19) pandemic. This analysis is concerned only with the burden of proof and with issues surrounding the proper construction of a MAE clause. Written by Charles Joseph, barrister, at Tanfield Chambers.

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.

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.

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.

The Domestic Abuse Commissioner has called for increased funding and specialist court support after a report by SafeLives revealed that 89% of domestic abuse victims do not receive support going through the family court and 71% do not receive support in any court at all, including the magistrates and crown courts. The government’s statutory duty requires the provision of domestic abuse support services, such as Independent Domestic Abuse Advisors (IDVAs). The report also criticised the lack of understanding surrounding domestic abuse, poor safeguarding, court professionals’ attitudes and the bias towards perpetrators as 20% of IDVAs were prevented from supporting clients in courts. The coronavirus (COVID-19) pandemic has led to increased case lengths, with backlogs running into 2022, and some survivors being sent to courts out of the area.

Personal Injury and Clinical Negligence analysis: On 27 August 2024, a new Clinical Negligence Claims Agreement was signed by NHS Resolution and representatives of claimant medical negligence solicitors and injured patients. The new Agreement replaces the earlier COVID-19 Clinical Negligence Protocol 2020 (COVID-19 Protocol), which enabled claims to continue to be progressed efficiently during the coronavirus (COVID-19) pandemic. The Agreement builds on the earlier Protocol by outlining ways in which parties should work cooperatively. It also acknowledges the importance, to injured patients and bereaved families, of ensuring that lessons are learned from patient safety incidents and that similar events are not repeated. Suzanne Farg, director at Fieldfisher, considers the main points to note from the updated protocol.

Commercial analysis: This case concerned the interpretation of an equity commitment letter (ECL) governed by English law under which the defendant had agreed to provide €93m to its indirect subsidiary for it to purchase a hotel business from a third party. The share purchase agreement governing the underlying transaction never completed due to the coronavirus (COVID-19) pandemic and is now the subject of Spanish litigation. The parties asked the High Court to consider seven issues of interpretation of the ECL including whether the defendant was obliged to put its indirect subsidiary in funds in circumstances where there was a dispute regarding the underlying transaction. The High Court found against the defendant on all issues bar one. Written by Emily Woodwark, associate, Payne Hicks Beach.

The European Commission has announced that its EU age verification app is technically ready and will soon be made available for citizens to use when accessing online platforms. Users will be able to verify their age by setting up the app using a passport or ID, based on the same model as the Commission's coronavirus (COVID-19) certificate app. The system is intended to meet privacy standards by enabling age verification without disclosing other personal information. It is designed to operate anonymously, without tracking users, to function across devices and to be fully open source. Seven Member States—France, Denmark, Greece, Italy, Spain, Cyprus and Ireland—plan to integrate the app into their national digital wallets. The announcement forms part of the Commission's wider efforts to enforce EU rules on children's online safety, with Commission President, Ursula von der Leyen, noting that platforms can rely on this age verification solution.