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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ARCHIVED: This Practice Note has been archived and is not maintained.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,
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ARCHIVED: This Practice Note has been archived and is not maintained.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
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
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
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.
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
PRACTICE NOTES
ARCHIVED: This archived Practice Note considers various frequently-asked questions about living with coronavirus (COVID-19) in the workplace following the removal of coronavirus-related measures from 1 April 2022. How should employers manage coronavirus risks in the workplace following the removal of all coronavirus-related measures? All remaining coronavirus measures were ‘removed’ from 1 April 2022. In particular: • free universal symptomatic and asymptomatic testing ended • government advice to self-isolate was replaced by advice to ‘try to stay at home and avoid contact’, and • the health and safety ‘requirement’ for employers to explicitly consider coronavirus in their risk assessments was removed For further detailed information on the current position, see Practice Note: Living with coronavirus (COVID-19) in the workplace from 24 February 2022 [Archived]. The UK Health Security Agency (UKHSA) guidance on reducing the spread of respiratory infections, including COVID-19, in the workplace says that it is important for employers (and staff) to be aware of symptoms so they can take actions to reduce the risk of spreading
Q&As
UPDATE: Since this Q&A was first published on 6 April, the HMRC guidance for employers: Claim for your employees’ wages through the coronavirus job retention scheme and guidance for employees: Check if your employer can use the coronavirus job retention scheme (first published on 26 March, and revised on 4 April) have been further revised on 9 April and 15 April 2020. The government also published a Treasury Direction on 15 April. For information on the revisions to the HMRC guidance made on 4 April, 9 April and 15 April 2020, and the Treasury Direction, see the following News Analyses: • HMRC publishes updated employer and employee guidance on Coronavirus (COVID-19) job retention scheme • HMRC publishes second update to employer and employee guidance on Coronavirus (COVID-19) Job Retention Scheme, and • Treasury gives legal effect to Coronavirus Job Retention Scheme and updates guidance a third time For information on the
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 Practice Note has been archived and is not maintained. This Practice Note gives guidance on the use of remote and hybrid hearings, via video-conference and telephone, in civil proceedings during the coronavirus (COVID-19) pandemic. It considers the court’s approach to remote or hybrid hearings during the coronavirus pandemic and guidance issued by the courts to deal with remote hearings. For information on current guidance in relation to remote and hybrid hearings in civil proceedings, see Practice Note: Remote and hybrid hearings in civil proceedings. Courts approach to remote hearings during the coronavirus (COVID-19) pandemic The position regarding remote hearings has changed significantly since the start of the pandemic but the following cases demonstrate how the courts approached requests for remote hearings during the pandemic. Generally, in all cases, the decision whether to conduct a remote hearing, and the means by which each case may be heard, are a matter for the judge or magistrate who is to conduct the hearing. It is a case management decision over which the first instance court