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Articles

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Can employers enforce tests for COVID-19?

As lockdown eases, employers are considering how to make workplaces safe as their staff return. As part of new measures to address the risk of COVID-19 transmission, some are intending to ask staff to take tests for the virus now that kits are readily...

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I have my judgment - what next?

Enforcement options in England & Wales – recent High Court judgment provides rare guidance on Orders for Questioning Once the litigation or arbitration has been fought and you obtain a judgment in your favour, if your opponent does not pay up, a...

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Winding-up order made, despite temporary restrictions due to COVID-19

Why has it been difficult to get a winding-up order? The Corporate Insolvency and Governance Act 2020 ( CIGA 2020 ) came into force on 26 June. Under CIGA 2020, creditors are (currently until 30 September 2020, although the period may be extended) unable to...

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Will it or won't it? The virtual witnessing of Wills and the potential for disputes

In response to the challenges of validly witnessing a Will during the COVID-19 pandemic, the government has announced a change in the law that will permit Wills to be witnessed remotely for the next two years. This is welcome (and practical) news for...

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Loss of (or waiver of) privilege - a warning to parties who openly reference legal advice in court documents

In-house lawyers and litigation specialists know to keep legal advice confidential to maintain privilege within it. However, a recent case suggests that mere reference to legal advice could render it disclosable. Although the decision needs to be considered...

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Brexit update

With fewer than five months until the end of the Brexit transition period, it is worth considering what has changed in relation to Brexit since we published Brexit: Guide to Legal Consequences . We therefore consider in this note what has happened,...

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COVID-19: Notice pay and redundancy pay for employees on furlough - new regulations

The Employment Rights Act 1996 (Coronavirus, Calculation of a Week’s Pay) Regulations 2020 (the ‘Regulations’) came into force on 31 July 2020. The Regulations amend the calculation of various statutory entitlements that arise on the...

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FCA announces ban on certain commissions and changes to commission disclosure

In a further move to protect consumers (see our previous article on guidance to mitigate the impact of coronavirus here ), at the end of July the Financial Conduct Authority (FCA) published policy statement PS20/8 announcing that, from 28 January 2021,...

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Formulae in finance documents - are worked examples the way forward?

As many of our readers will know, finance documents and other commercial contracts contain a lot of words…! Some of those words may narrate calculations/formulae regarding amounts to be paid under the contract (e.g. a price adjustment mechanism) or...

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UK Court Litigation: potential procedural pitfalls - service of proceedings and the importance of getting it right first time

The service of court proceedings on defendants continues to be a breeding ground for disputes. It is crucial that the proceedings (i.e. the claim form and the particulars of claim) are brought to the attention of the defendants in a particular way and within...

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GDPR - Explanatory memorandum to the ICO's Age Appropriate Design Code 2020 for children

The Information Commissioner’s Office (ICO) Age Appropriate Design Code (Code) applies to “relevant information society services which are likely to be accessed by children” in the UK. Examples of such services include apps, programs,...

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Employees assigned to an undertaking which is fragmented upon transfer can be transferred to multiple new employers under TUPE

Summary In the case of ISS Facility Services NV v Sonia Govaerts & Atalian NV, formerly Euroclean NV , the Court of Justice of the European Union (CJEU) has held that where an undertaking is transferred to multiple transferees, the employment of the...

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Coronavirus: 'light-touch' administration could help food firms

The rapid onset of the COVID-19 pandemic, coupled with the drastic lockdown restrictions, has left many businesses – particularly those that rely on heavy footfall – in dire financial circumstances. Businesses are therefore seeking tools to help...

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New cyber security sanctions regime

The UK Government has published details of the new cyber security sanctions regime in the form of the Cyber (Sanctions) (EU Exit) Regulations 2020 (SI 2020/597) (the Regulations ). The Regulations are intended to apply after the expiry of the transition...

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Job Retention Bonus: further details published

On 8 July 2020, the Chancellor, Rishi Sunak, announced a new Job Retention Bonus (JR Bonus) as part of the Government’s plan to support the UK’s economic recovery in the wake of the Coronavirus pandemic.  The JR Bonus is intended to support...

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Insolvency statistics for the April to June 2020 quarter: the calm before the storm?

On 30 July, the Insolvency Service published its quarterly insolvency statistics for April to June 2020 (Q2 20). Some may be surprised to learn that, during these uncertain times, company insolvencies in England and Wales have declined by one-third...

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Life sciences legal A to Z - J is for Joint Venture

Joint ventures in the life sciences sector Two or more parties establish a joint venture (JV) when they combine their resources to pursue a common goal. JVs have a vast range of applications in the life sciences sector, from cross-border drug...

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Probates: how much is too much?

A balance needs to be struck between the time-consuming and occasionally costly process of applying for a grant of probate on the one hand, and the possibility of placing vulnerable people at greater risk on the other. It has been an ongoing gripe that...

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Should I Stay or Should I Go?

Disclosure of without prejudice material – should the adjudicator resign? Readers of our blog will be aware that the without prejudice rule prevents certain statements made in a genuine attempt to settle a dispute being put before the court as...

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What effect will COVID-19 have on force majeure?

Pharmaceutical, healthcare and biotech companies are, like many businesses across a breadth of industries, continuing to feel the effects of the COVID-19 pandemic. The global crisis has prompted prolonged disruption to supply chains, causing parties to...

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7 Reasons why the popularity of CVAs may soon wane

The first half of 2020 saw a wave of company voluntary arrangements (CVAs) as companies explored their restructuring options against the backdrop of a darkening economic outlook. For many, the CVA has become the restructuring tool of choice - particularly...

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An undertaking to give an employee a severance package can be a reasonable adjustment

The Employment Appeal Tribunal (EAT) confirmed in the recent case of Hill v Lloyds Bank plc that an employer’s undertaking to offer a severance package to its employee - where it was not possible to comply with the employee’s request not to...

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Life Sciences A to Z - J is for Jurisdiction

Court jurisdiction for life sciences companies Life sciences companies conducting international business will routinely enter into international contracts, including collaboration, licensing, supply and distribution agreements. An important question to...

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I didn't read it all - Johnny Depp shows the problem of witness statements

In his libel trial about The Sun headline which called him a “wife-beater”, Johnny Depp was asked about why he hadn’t included details of what he said was an “accidental” headbutt during an incident with his ex-wife Amber Heard....

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Representing The Justice For Subpostmasters Alliance

Over the past few months, Stevens & Bolton has been representing The Justice For Subpostmasters Alliance (JFSA) in its latest endeavour to obtain justice. The JFSA, on behalf of its 555 subpostmaster members, has been entangled in a decade-long legal...

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Synthetic warranties in W&I - a natural progression?

The use of warranty and indemnity (W&I) insurance in M&A deals has grown in popularity in recent years, particularly in private equity exits. However, COVID-19 could be the catalyst to spark the growth of more innovative W&I products, such as the...

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A closer look at the government's post-Brexit immigration system

The new health and care visa will provide fast-track entry and reduced application fees for those working in eligible skilled occupations with confirmed job offers from the NHS, organisations providing services to the NHS and the social care sector.  ...

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Force majeure clauses and the life sciences sector during COVID-19

COVID-19 has created many unanticipated challenges, including difficulties in meeting contractual obligations. As some readers may have unfortunately found in recent weeks, life science companies have suffered from supply chain disruptions - making it...

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Court of Appeal delivers guidance in pleading dishonest breach of trust

The Court of Appeal, in Sofer v SwissIndependent Trustees SA [2020] EWCA Civ 699, has overturned a decision of the High Court and has allowed an appeal against an order striking out a claim brought by the claimant beneficiary for breach of trust under CPR...

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NHS Test and Trace: new employer guidance published

The government has published recent guidance on what organisations in certain sectors should do to support NHS Test and Trace. This supports previous workplace guidance on NHS Test and Trace.   NHS Test and Trace is intended to contain...

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