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PRACTICE NOTES
Remote hearings are ones which are conducted using any form of electronic communication (eg telephone or video). This is in contrast to the traditional in-person hearing where everyone is physically present at an employment tribunal hearing centre. Historically, the employment tribunals heard almost all hearings in-person. However, the coronavirus (COVID-19) pandemic seriously disrupted the operational capabilities of the employment tribunals and the principal way in which hearings could be conducted safely during that time was by a dramatic increase in the use of remote hearings. While the restrictions in place during the pandemic no longer apply, employment tribunals continue to conduct significantly more hearings remotely than they did prior to the pandemic. For further background and details of how and when employment tribunals decide whether to conduct a hearing in-person, remotely or partly remotely (ie in a hybrid format), see Practice Note: Format of employment tribunal hearings. This Practice Note looks at how employment tribunal hearings are conducted remotely, in particular by reference to the Presidential Guidance on matters relating to the mode and listing
PRACTICE NOTES
ARCHIVED: this Practice Note is no longer maintained as the majority of concessions, which were introduced as a result of the coronavirus (COVID-19) pandemic, have ended. It has been retained in archived form for historical interest, and may be beneficial for advisers for research purposes. This Practice Note is a compilation of links to useful information, news and news analysis in relation to the immigration implications of the coronavirus pandemic. This Practice Note will be updated on an ongoing basis with relevant materials. Note that links to all relevant government/third party guidance resources are found below at: Coronavirus (COVID-19) immigration resources—Information resources. For the National Archives webpage containing links to previous versions of the main Home Office guidance page for individuals from 27 March 2020, see here. Update: Relaxation of restrictions, switching and international arrivals and travel On 19 July 2021, the majority of coronavirus restrictions in England ended, only for new restrictions to be introduced from 30 November 2021 to reduce the transmissibility of the Omicron variant of COVID-19. England moved from ‘Plan
Q&As
This Q&A alludes to the definition of ‘protected rent’ in section 3(2) of the Commercial Rent (Coronavirus) Act 2022 (CR(C)A 2022). This provides that rent is ‘protected rent’ if, among other things, ‘the tenancy was adversely affected by coronavirus (COVID-19)’ (see CR(C)A 2022, s 4). CR(C)A 2022, s 4 provides that a tenancy was ‘adversely affected’ if, for any period between 21 March 2020 and 18 July 2021 (in England, or 7 August 2021 in Wales)—‘(a) the whole or part of the business carried on by the tenant at or from the premises comprised in the tenancy, or (b) the whole or part of those premises, was of a description
Q&As
Why are material adverse change (MAC) clauses in the spotlight? The coronavirus (COVID-19) outbreak has already caused some businesses to fail and financial distress to many others. Governments and regulators are urging lenders to be supportive of businesses, especially those that are, the outbreak aside, financially sound. However, lenders will still be looking to review their finance documentation and ascertain their rights at an early stage. Facility agreements typically include a list of events of default. Breach of any of these by the borrower will give the lender(s) the right to exercise certain rights under the facilities agreement, such as accelerating the loan (ie demanding early repayment) or enforcing security. An event of default can also have other consequences under the finance documentation, such as: • giving the lender the right not to lend any further amounts under the facility agreement (known as a drawstop), and • enabling the lender to transfer commitments without needing the consent of the borrower Most importantly, even where the
Q&As
With employees largely working from home in 2020 and 2021 and outside of traditional office working hours, what does this blurring of home and work life mean for the ownership of ‘creative’ works? The coronavirus (COVID-19) pandemic changed the way that we work in that more of us work outside of the physical office, at unconventional times and with our own computer equipment. In doing so, it has raised the profile of the question of who owns materials created ‘for work’ or ‘on the job’. The pandemic has not changed what you need to consider in determining who owns a copyright work in these circumstances. The starting point for the ownership of copyright materials is section 11 of the Copyright, Designs and Patents Act 1988 (CDPA 1988),
Q&As
This Q&A considers whether you can file and serve costs budgets via email in light of the coronavirus (COVID-19) pandemic. This Q&A is based on the rules in force on 1 October 2020. For guidance on the position under the rules in force during the pandemic prior to this date, see Q&A: Can I file and serve a costs budget by email in light of coronavirus (COVID-19)? The obligation on the parties under CPR 3.13 is to ‘file and exchange’ budgets by the stated time. The rules use ‘exchange’ here rather than serve. This tends to suggest that the usual rules relating to service found in Part 6 of the CPR do not apply to cost budgets. Some caution should be adopted in relation to this approach,
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note addresses some of the key issues for international private client practice arising out of the coronavirus (COVID-19) pandemic Will days that an individual is forced to spend in the UK because of travel restrictions fall within the ‘exceptional circumstances’ exception under the statutory residence test? The number of days spent in the UK is a fundamental element of the statutory residence test (SRT) introduced by Finance Act 2013 from 6 April 2013. It applies to: • all three automatic overseas tests • the first automatic UK tests • determining how many ties are sufficient to determine residence (the sufficient ties test) • the 90-day tie • the country tie, and • split year treatment Days spent in the UK under the basic rule will be disregarded if an individual is detained in the UK through circumstances beyond their control. This may include, for example: • sudden or life-threatening illness or injury, or • war and civil unrest or natural disasters HMRC
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. It considers the impact of the coronavirus (COVID-19) pandemic on probate practice and provides answers or guidance on some of the main issues that arose in the peak periods of the pandemic in 2020 to 2022 for practitioners. Although adapted from some of our Q&As, the latest guidance and updates was contained in this Practice Note. It has not been updated following the relaxation of government restrictions in 2022 and is no longer maintained. For guidance on the impact of coronavirus on other areas relevant to Private Client practitioners, see: Coronavirus (COVID-19) and Private Client—overview. What happens when the family of a deceased person are unable to register the death and make funeral arrangements due to being house-bound? On 17 March 2020, the government published guidance about the emergency coronavirus legislation to tackle the urgent issues that arise as a result of coronavirus. One of the five key areas covered by the Coronavirus Act 2020 (CA 2020) is managing the death of a person with respect and
PRACTICE NOTES
ARCHIVED: This archived Practice Note considered the impact of the coronavirus (COVID-19) pandemic on private M&A (share purchase or asset purchase) transactions. It has not been updated since May 2022. Factors affecting deal activity The coronavirus (COVID-19) pandemic will have an effect for its duration on many aspects of corporate law for legal practitioners and their clients. The impact on private M&A transactions will probably go beyond the period of the pandemic itself as regards the impact on the economy and individual businesses. Specific consequences that directly result from the pandemic include: • financial viability of conducting an acquisition—given the economic upheaval and shock to the world economy, will buyers have the necessary available funds to carry out a private M&A transaction? A potential buyer may look to maintain or bolster its cash reserves rather than seek out acquisition opportunities as a means of prudent financial management to weather the challenges of the COVID-19 pandemic • heightened transaction risk—there is increased risk for a buyer in concluding a transaction during a time of extreme volatility,
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note focuses on the implications for PI and clinical negligence practitioners in the light of temporary rules and guidance introduced following the coronavirus (COVID-19) pandemic. This Practice Note should be read in conjunction with Practice Notes: • Coronavirus (COVID-19) implications for dispute resolution [Archived] • Coronavirus (COVID-19) civil court specific guidance—dispute resolution [Archived] Case management of personal injury claims See also Practice Note: Coronavirus (COVID-19) implications for dispute resolution [Archived]—Case progression and management. The Association of Personal Injury Lawyers (APIL) and Forum for Insurance Lawyers (FOIL) published guidance on best practice to assist claimant and defendant lawyers handling personal injury claims during the coronavirus pandemic. This agreement was first introduced on 31 March 2020 and continues to apply (subject to periodic review). The guidance is of course subject to compliance with the CPR and includes the following. Communication Practitioners should engage with their counterparts by telephone and/or email with a view to resolving disputes
PRACTICE NOTES
ARCHIVED: This archived Practice Note is not maintained and is for background information only. This Practice Note considers issues for employers when ending furlough or terminating employment during the coronavirus (COVID-19) pandemic. It considers the ways in which an employer may end an employee’s period of furlough under the Coronavirus (COVID-19) Job Retention Scheme (CJRS), whether by returning the employee to work or terminating their employment during or following the end of furlough. The Practice Note also considers redundancy consultation during the pandemic, including during periods of furlough, and issues for employers when the CJRS ended on 30 September 2021. Under the Coronavirus Job Retention Scheme (CJRS) as extended between 1 May and 30 June 2021, an employer can claim 80% of an employee’s usual salary for hours they do not work, up to a maximum of £2,500 per month, in respect of any furloughed employee who was employed on 30 October 2020, as long as certain conditions are met. For claim periods in July 2021, the level of grant will be