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NEWS
Law360, London: A law firm that became part of now-collapsed Axiom Ince has settled its claim with Aviva in a dispute over its business interruption insurance policy that erupted in the wake of national lockdowns imposed during the coronavirus (COVID-19) pandemic.
PRACTICE NOTES
This Archived Practice Note records the legal restrictions introduced to combat the Omicron variant of the coronavirus (COVID 19) between 8 December 2021 and 26 January 2022. It is archived and is no longer maintained. It covers the mandatory wearing of face coverings in public places and in public transport together with the restrictions on gatherings while the country followed ‘Plan B’ as referred to below. The country returned to ‘Plan A’ on 27 January 2021 and further repeal of restrictions are likely before the Coronavirus Act 2020 expires in March 2020. Following the identification of the Omicron variant in the UK, the government raised the coronavirus alert level and announced that England will move to ‘Plan B’ measures to combat the spread of the Omicron variant. An instruction was given that from 13 December 2021, all individuals are encouraged to work from home where possible. Further restrictions surrounding large gatherings were also brought in. See: LNB News 09/12/2021 86. The measures introduced helped to control the spread
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note focuses on the implications for dispute resolution in the light of temporary rules introduced in the context of coronavirus (COVID-19). This Practice Note aims to assist dispute resolution practitioners seeking to understand changes to civil court processes and procedures during the coronavirus pandemic and the effect those changes and this pandemic may have on their practice and individual matters. It considers the practical implications of coronavirus on a number of key litigation procedures and concepts. This Practice Note should be read in conjunction with Practice Notes: • Coronavirus (COVID-19) civil court specific guidance—dispute resolution [Archived], which gives further guidance in relation to specific courts • SCCO guidance for detailed assessment from 1 August 2020 This Practice Note offers ‘matter-neutral’ guidance on the procedural implications of the coronavirus on dispute resolution in England and Wales. For guidance on some key substantive and ‘matter-specific’ implications of the coronavirus, see: • contract breach and termination—Coronavirus (COVID-19) and contractual obligations—checklist, Practice
Q&As
For information on claims under the Coronavirus Job Retention Scheme (CJRS) generally, see Practice Note: Coronavirus Job Retention Scheme (extended version 1 November 2020 to 30 April 2021) [Archived]. The Coronavirus Act 2020 Functions of Her Majesty’s Revenue and Customs (Coronavirus Job Retention Scheme) Direction (Treasury Direction No 5) gives effect to the extended CJRS for the months of November 2020, December 2020 and January 2021. The employer will need to work out 80% of an employee’s usual wages to determine what it can claim under the scheme. The way in which this is calculated is different depending on whether the employee has fixed or variable pay. See the section of the HMRC guidance: Calculate how much you can claim using the Coronavirus Job Retention Scheme entitled Work out 80% of your employee’s usual wage. The employer will first need to check what it can include as ‘wages’ first. In Treasury Direction
NEWS
Law360, London: Almost 70 cosmetics clinics, including tattoo studios and a flotation therapy centre, have sued two Lloyd's of London syndicates managed by Beazley for losses they claimed to have incurred after temporarily closing during the coronavirus pandemic.
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is no longer maintained. 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 issued a brief form of guidance on data protection and COVID-19, which replaced the previous, more specific guidance. See: LNB News 28/03/2022 91. This Practice Note considers the position under the ICO’s previous, more detailed, guidance on testing and vaccination, which was deleted from 28 March 2022. It considers the issues that arose in the employment context in relation to Coronavirus (COVID-19) testing and vaccination, and checking COVID status ie the NHS COVID pass showing a person’s vaccination details or test results. For sample policies relating to: • workplace coronavirus testing, see Precedent: Policy—Coronavirus (COVID-19) testing [Archived] • coronavirus vaccination for staff, see Precedent: Policy—Coronavirus (COVID-19) vaccination [Archived] For information on managing the workplace generally from 24 February 2022, see Practice Note: Living with coronavirus (COVID-19) in the workplace
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. The government measures to help prevent the spread of coronavirus (COVID-19) have changed significantly during the course of the pandemic from the national lockdown to taking more nuanced action in areas of increased transmission, so keeping track can be difficult for practitioners and their clients. This Practice Note aims to provide a reference point for the various restrictions that were in force in England for licensed premises. For the national restrictions during the initial response to the pandemic, see Practice Note: Impact of coronavirus (COVID-19) on Licensing [Archived]. For the current restrictions in force, see Practice Note: Coronavirus (COVID-19)—keeping up with restrictions for licensed premises in England [Archived]. National restrictions from 5 November to 2 December Due to rapidly rising coronavirus cases across the whole of the UK and in other countries, the Government says we must act now to reduce day-to-day contact with other people to control the spread of the virus, protect the NHS and save lives. As a result,
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
PRACTICE NOTES
Background This archived Practice Note considered the impact that the coronavirus (COVID-19) pandemic on the preparation and filing of a company’s report and accounts. It has not been updated since May 2022. Disclosure of principal risks The Companies Act 2006 (CA 2006), the UK Corporate Governance Code (UKCG Code) and the Disclosure Guidance and Transparency Rules (DTRs) contain overlapping requirements for companies to disclose the principal risks facing their business in their annual and interim financial reports: • the CA 2006 requires all UK incorporated companies (except for small companies) to prepare a strategic report for each financial year of the company. This report must include, among other things, ‘a fair review of the company’s business, and a description of the principal risks and uncertainties facing the company’ • the UKCG Code requires the board of directors of a premium listed company to carry out a robust assessment of the company’s emerging and principal risks and to confirm in the annual report that it has completed this assessment, including a description of its principal
NEWS
Local government analysis: Although the coronavirus (COVID-19) pandemic has had a resounding impact on everyday life, for some adults the loss of freedom did not mark a substantial change from pre-pandemic life. Anna-Maria Maleska of Penningtons Manches Cooper considers the impact of the pandemic on those with a deprivation of liberty safeguard (DOLS) and why it is more important than ever to ensure the necessary protections are in place for the most vulnerable in society.
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 not maintained. This Practice Note tracks the developments and updates on coronavirus (COVID-19) that relate to the life sciences sector in the EU. For coronavirus developments of interest to the life sciences sector in the UK, see Practice Note: Coronavirus (COVID-19)—UK life sciences tracker [Archived]. Jump to: • Research and development of medicines and vaccines • IP waiver • Clinical trials • Regulation of medical devices • Regulation of vaccines, medicinal products and blood • Post-authorisation vigilance of medicines and vaccines • Supply of vaccines, medicines and medical products • Actions on falsified and unlicensed medicines, off-label use of medical devices • EU coronavirus certificates • mHealth and data protection Research and development of medicines and vaccines What's happening? When? Find out more European Medicines Agency endorses International Coalition of Medicines Regulatory Authorities and World Health Organization’s statement on supporting healthcare professionals to enhance public confidence in coronavirus vaccines 17 May 2022 The European Medicines Agency (EMA) has endorsed a joint statement by the International