Covid-19 Public Inquiry – Draft Terms of Reference Published

The draft Terms of Reference of the UK Covid-19 Inquiry have been published. The Inquiry, chaired by Baroness Hallett, will review the preparations and response to the pandemic in the UK, together with lessons learned, with devolved matters being considered as necessary…read more

Inquests: changes to the Coronavirus Act 2020 provisions

The COVID-19 pandemic has undoubtably had an impact on the coronial system. However, as hospital admissions fall and restrictions ease, so do the statutory provisions that governed the coronial system during the height of the pandemic…read more

Court of Protection confirms again that CCGs MUST act with urgency to resolve best interests disputes on covid-19 vaccinations

This case involved a clinically vulnerable individual, DC, and a dispute over whether he should have both doses of the covid-19 vaccination and any relevant booster in accordance with the available NHS guidance for his age group…. read more

Update: Mandatory vaccinations for the healthcare sector

On 6th January 2022 new legislation was published which makes the Covid-19 vaccination a mandatory requirement for staff in healthcare settings in England from 1 April 2022 (unless they are exempt)… read more

Compulsory vaccines for care homes: what do you need to know?

The government has today [4 August 2021] published operational guidance for care homes on the mandatory vaccination of staff, which comes into effect…read more

COVID-19: self-isolation FAQs (from 16 August 2021)

On 16 August 2021, the rules regarding self-isolation when individuals are identified by NHS Test and Trace as being…read more

The risks of implementing mandatory COVID-19 vaccinations for NHS employees

On 20 November 2020, NHS England wrote to all NHS trusts with a clear instruction to implement a plan to vaccinate their workforce…read more

Taking stock: decision-making and stakeholder engagement

The last few months have seen dramatic changes to the delivery of all aspects of healthcare, in response to COVID-19. Clearly, time was of the essence during the initial NHS response…read more

Updated guidance issued on MCA and DoLS during the COVID-19 pandemic

Updated guidance was issued on 15 June 2020 by the Department of Health and Social Care covering important areas of the MCA and DoLS…read more

COVID-19 public sector supplier relief – transitioning to the next phase

The Cabinet Office has issued further guidance, (PPN04/20 and PPN05/20) to public sector bodies (contracting authorities) supporting suppliers whose operations have been affected by the COVID-19 outbreak…read more

Podcast: COVID-19 – Advice for NHS employers

This is our second FAQ article aiming to address COVID-19 issues specific to our NHS clients. The FAQs are set out in the article below, but we have also recorded a podcast, in which we discuss some of the issues in more detail… read more

COVID-19 vaccines – is a global approach for universal access achievable?

Every day brings news of another pharma or biotech company joining the race to develop COVID-19 vaccines and treatments. According to some reports over two hundred vaccines are currently in development…read more

COVID-19 and health and safety reporting requirements (RIDDOR)

Guidance has been issued by the Health and Safety Executive (HSE) as to when it might be necessary to notify them under RIDDOR (the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013)…read more.

The future of the NHS: ‘peering into the fog’

In this article, Sir David Dalton talks to Jamie Foster, partner in our Health team, on his views of the impact of COVID-19 on the NHS, and the future for healthcare after the crisis…read more.

Quality Accounts for NHS trusts and foundation trusts – changes to reporting deadlines for 2019/20

With NHS trusts and foundation trusts focused on responding to the COVID-19 pandemic, there is recognition on the part of government that ‘business as usual’ processes need to adapt to this reality… read more

Supporting ‘at-risk’ suppliers to the NHS through COVID-19: Cabinet Office guidance on supplier relief

The latest Cabinet Office guidance, PPN 02/20 provides details of the steps which contracting authorities (including NHS trusts, foundation trusts and clinical commissioning groups) should take to support suppliers to ensure that they remain in a position to operate during and after the COVID-19 outbreak… read more

Case comment: Hospital obtains urgent interim injunction requiring patient to vacate hospital bed

Chamberlain J has handed down an important and timely judgment in the High Court case of University College London Hospitals NHS Foundation Trust -v- MB [2020] EWHC 882, involving a patient who refused to leave the ward of a hospital to a package of care in the community… read more

NHS capital funding – a new approach for 2020-21 – plus provisions for COVID-19

Documents released by NHS England/NHS Improvement over the Easter break set out the new approach to capital funding in more detail, in line with the ambitions of the NHS Long Term Plan and involving allocation of a capital envelope for each STP/ICS… read more

Healthcare providers - suspension of competition law provisions to tackle coronavirus pressures

To ensure that healthcare providers can work together effectively to tackle the coronavirus pandemic, an order has been made to exclude certain arrangements within the healthcare sector from Chapter 1 of the Competition Act 1998… read more

COVID-19 – guidance on NHS contracting and payment arrangements

NHS England/NHS Improvement have issued guidance on arrangements for contracting and payment, both within the NHS and with independent sector providers, during the COVID-19 pandemic… read more

Governance considerations during the coronavirus pandemic

Amid the significant operational challenges posed by the COVID-19 pandemic, the pressure on NHS resources, maintaining the safety of NHS staff and patients, responding to rapidly developing events to name just a few, it is understandable that the systems in place… read more

Maternity safety – Updates from NHS Resolution and HSIB

On 26th March NHS Resolution and HSIB both issued important updates for those working within maternity trusts… read more

Coronavirus Act 2020 - NHS continuing healthcare assessments

These provisions are contained in section 14 of the Coronavirus Act 2020, which came into force after the Act was given royal assent on 25 March 2020. This section applies retrospectively to obligations arising before the Act was passed… read more

COVID-19: employment law advice for NHS trusts

The COVID-19 pandemic has created chaos for the business community on a global scale. However, many of the challenges currently being faced by NHS trusts are quite different from the issues affecting most of the UK’s business community… read more

COVID-19: New MHRA guidance and processes

Following the outbreak of COVID-19 and the increasing need to provide urgent services and equipment, the Medicines and Healthcare products Regulatory Agency (MHRA) has released guidance on how manufacturers of medical devices may apply to supply test kits and non-CE marked devices for use in patient care… read more

Coronavirus Act – key facts

The Coronavirus Act 2020 received royal assent on 25 March 2020. You should check carefully that the specific provision has come into force and check regularly that it remains in force. The government will be able to start and stop the provisions at various times, as needed… read more

The COVID-19 pandemic: practical advice for those involved in healthcare litigation

Following the Government’s advice to avoid all non-essential travel and social contact in an effort to control the spread of COVID-19, the consequences of such restrictions on our everyday lives are being felt far and wide, and litigation is not exempt… read more

Coronavirus Bill – key facts

The Coronavirus Bill 2020 will receive its second reading in the House of Commons on Monday 23 March 2020. None of the provisions will apply until the Bill has royal assent. Once it has, you should check carefully that the specific provision has come into force and check regularly that it remains in force… read more

COVID-19: exploring existing options in health and social care to make urgent purchasing decisions

COVID-19 presents a significant challenge to all aspects of normal daily life, in particular it presents major logistical issues for our already over stretched health and social care systems… read more

Coronavirus: FAQs for NHS organisations

Following the declaration of a global pandemic and the rapidly escalating confirmed (and likely unconfirmed) cases in the UK, the NHS is understandably preparing for a medical emergency… read more

Coronavirus: advice for employers

The number of confirmed cases of coronavirus (COVID-19) in the UK has today grown to 36, with cases spread over a wide geographical area. The WHO (World Health Organisation) has raised its global risk assessment of COVID-19 from high to very high… read more

Is long-COVID a disability? Yes, holds a Scottish Employment Tribunal

A Scottish Employment Tribunal has held that an employee suffering from symptoms of long-COVID was disabled for the purposes of the Equality Act 2010. The employee suffered from the physical impairment of ‘long-COVID’ or ‘post viral fatigue syndrome’ arising from him contracting COVID-19 in November 2020… read more

Covid-19: removal of duty to self-isolate FAQs

The Prime Minister has confirmed that the legal duty to self-isolate for Covid-19 reasons will end on 24 February 2022. This note summarises the change and answers some of the most common questions that employers may have… read more

Do we need to pay an employee who cannot work because their child’s school is closed?

At 20:00 on Monday 4 January 2021, the prime minister, Boris Johnson, announced that a new lockdown in England would commence immediately and last until at least mid-February 2021…read more

What is furlough leave?

At 8pm on Monday 4 January 2021, the Prime Minister, Boris Johnson, announced that a new lockdown in England would commence immediately and last until at least mid-February 2021…read more

Green finance – a post-pandemic opportunity?

Last year, the UK government committed to the goal of reaching net zero carbon emissions by 2050. This year, 2020, has opened our eyes as to how quickly the world as we know it can change…read more

Furlough leave has been extended for second lockdown

This article was last updated on 16 November 2020. The Coronavirus Job Retention Scheme (CJRS or ‘furlough leave’) was due to end on 31 October 2020, and be replaced with a new Job Support Scheme (JSS)…read more

Do we have to shut our workplace after a confirmed case of COVID-19 (coronavirus) among our workforce?

The short answer is ‘no’ - there is no legal requirement to do so. However, you may need to close part of the workplace temporarily to undertake a deep clean…read more

Beware, the day of reckoning is nigh

As 1 October approaches, commercial landlords and tenants need to decide how they are going to react to the expiry of the emergency protections that have benefitted business tenants since March… read more

Coronavirus: new statutory sick pay regulations extend entitlement

New statutory sick pay (SSP) regulations were published and came into force today (6 July 2020)… read more

What is flexible furlough leave?

An important part of the business support measures provided by the government to help business during the economic crisis created by coronavirus pandemic, is the Coronavirus Job Retention Scheme (or ‘furlough leave’)…read more

“I want to break free!” – exercising a tenant break right during the COVID-19 pandemic

The statutory protection from forfeiture afforded to commercial tenants, by virtue of section 82 of the Coronavirus Act 2020 (‘the Act’), is now well-known…read more

Coronavirus: What are the health and safety obligations of employers when back-to-work planning?

On Monday 11th May, the Government published ‘Our plan to rebuild: The UK Government’s COVID-19 recovery strategy’…read more.

Corporate Insolvency and Governance Bill published

The Corporate Insolvency and Governance Bill (the Bill) was given its first reading on Wednesday 20 May 2020. Parliament will not be considering the next stages of the Bill until 3 June 2020 so there is still some time, and possibly further amendments, before this is approved and given Royal Assent…read more.

COVID-19 - hidden restart risks

Back to business as usual? Restart the economy? Stay alert? That, at least, might be good advice. Business as usual entails the same risks that it always did - risks that well laid plans could go wrong…read more.

Coronavirus: will employers see an increase in flexible working requests when lockdown ends?

Within the space of a single week running from 16 to 23 March, the prime minister, Boris Johnson, urged anyone who could do so to work from home, closed schools, nurseries and many non-essential workplaces…read more.

How can an employer support staff mental health and wellbeing during and after lockdown?

The UK was put into lockdown with the aim of controlling the spread of COVID-19 (coronavirus) on 23 March 2020, but the instruction that anyone who could work at home must work at home came a week earlier on 16 March… read more

Coronavirus: how can we prepare our business for life after lockdown?

Four months ago, nobody had even heard of COVID-19 (coronavirus), yet in that short space of time, the virus has utterly transformed the employment landscape in the UK… read more

COVID-19: Could section 82 of the Coronavirus Act 2020 cause commercial landlords to breach their banking covenants with lenders?

It is now well-versed in the COVID-19 property landscape that section 82 of the Coronavirus Act 2020 provides protection to business tenants by preventing landlords from exercising their rights of re-entry... read more

The Pensions Regulator’s COVID-19 guidance – regulatory easements

The Pensions Regulator has published helpful guidance in light of the COVID-19 pandemic… read more

COVID-19: Time for Hong Kong to update its insolvency law and statutory corporate rescue regime

The tragically unforeseen current novel coronavirus (COVID-19) global pandemic has brought unprecedented challenges to all aspects of Hong Kong society including the health of its citizens, the economy and the business community… read more

Are you covered? COVID-19 – business interruption cover – tips for dealing with insurers

With effect from 5 March 2020, COVID-19 has been added to Schedule 1 of the Health Protection (Notification) (Amendment) Regulations 2020 (SI 2020/237)… read more

Cash is king so show me the money: getting paid during the COVID-19 crisis

We have received numerous queries regarding emerging payment trends during the COVID-19 epidemic… read more

The Coronavirus Act 2020: the impact on residential tenancies

The Coronavirus Act 2020 (the ‘Act’) came into force on 25 March 2020 to implement an extensive package of measures, to protect both landlords and tenants, affected by the national coronavirus emergency… read more

COVID-19: business tenants protected from eviction

Section 82 of the Coronavirus Act 2020 prevents landlords from forfeiting ‘relevant business tenancies’ until 30 June, and possibly longer. But tenants should think twice before withholding rent and other lease payments, and landlords do not necessarily have to take a passive role… read more

No force majeure clause: what is the position?

With unprecedented steps being taken by the UK government relating to the coronavirus crisis, we are seeing an increase in queries from businesses asking for our advice on how they should deal with the various issues that may arise operationally… read more

What is furlough leave?

On Friday 20 March 2020, the chancellor announced a new package of business support measures to help business during the economic crisis created by coronavirus. An important part of the package is the Coronavirus Job Retention Scheme (or ‘furlough leave’)… read more

COVID-19: Is the Premier League too big to fail?

As analysts seek to measure the economic fallout of the unprecedented medical crisis caused by COVID-19, one key lesson learnt from the 2007 global financial crisis was that banks proved ‘too big to fail’, with state governments bailing out hundreds of global financial institutions… read more

Coronavirus: an update for employers

In this article, we consider some of more recent official announcements regarding coronavirus and on a practical level, what these mean for employers. In addition, our coronavirus FAQs for employers, answers lots of the most commonly questions that our employment team are being asked… read more

Safety first; ICO confirms data protection laws do not stifle efforts to contain coronavirus

On 12 March 2020, the ICO (Information Commissioner’s Office) issued a statement addressing concerns that data protection laws may impact on attempts to deal with the coronavirus… read more

Governance and COVID-19

During these unprecedented times schools and academies are rapidly making preparations to be able to navigate the growing COVID-19 crisis. One aspect that needs to be given attention is the continuity of governance. While schools are highly likely to close at some point to respond to the crisis, it is important that key decisions are still able to be made and that governance continues, albeit in an alternative way… read more

Coronavirus: advice for businesses

The number of confirmed cases of coronavirus (COVID-19) in the UK continues to grow, with no region unaffected. The WHO (World Health Organisation) has raised its global risk assessment of COVID-19 and classified it as a pandemic… read more

Coronavirus: FAQs for employers

The WHO (World Health Organization) has declared COVID-19 (coronavirus) a pandemic. On 12 March 2020 there were 590 confirmed cases of coronavirus in the UK, but the chief medical officer (CMO) estimates that the true figure is somewhere between 5,000-10,000 cases… read more

An unforeseeable circumstance: coronavirus, force majeure and contract law

The World Health Organization now considers coronavirus to be a global health emergency and entire cities in China, and all of Italy, have been quarantined. Coronavirus or COVID-19 has is now classified as a pandemic… read more

Expert commentary: Coronavirus COVID-19: You should plan business continuity measures now

The prime minister last week predicted that up to a fifth of workers could be off sick at any one time if coronavirus cannot be contained… read more

Recourse for buying defective facemasks during the cover-up of the century

More than 120 countries have made face coverings compulsory in public. There is no question that personal protective equipment plays a central role in our strategies to confront the global COVID-19 pandemic…read more

UK port workers and COVID-19 (coronavirus)

A few weeks ago, we wrote a piece seeking to identify the major port-related issues associated with COVID-19. We stated that ‘the threats to the UK ports industry from the novel coronavirus are not immediate but they are nevertheless real’… read more

COVID-19 and the unsung heroes - our seafarers

Javed Ali and Sarah Barnes highlight some key points to assist shipowners in protecting their seafarers’ mental health during the unprecedented COVID-19 pandemic… read more

UK ports and coronavirus - employment considerations

During this rather unusual and challenging time, UK ports are under incredible pressures both to ensure critical business operations continue and to support and maintain their workforces in doing so… read more

COVID-19: latest update – the world’s court systems

As COVID-19 continues to spread globally, we provide an update on what measures are being taken by the court systems in a number of countries around the world… read more

Coronavirus – legal implications and force majeure examined

As the global crisis arising from the ongoing spread of COVID-19 continues, we examine the potential legal implications arising from sale contracts and charterparties involving goods destined for China… read more

Update: COVID-19 - the world’s court systems

COVID-19 continues to disrupt and since the first publication of this article, global court systems have responded rapidly; updating their operating positions on a near daily basis. We have updated our recent article to reflect the present position, including new directives issued in respect of the court systems in France and South Africa… read more

Expert commentary: COVID-19 and ship arrest

As the disruption to international trade and shipping caused by the outbreak of COVID-19 continues, the financial pressure on shipowners is rising as is their potential exposure to ship arrest owing to the impact of delays and quarantine measures that may be imposed on a vessel… read more

COVID-19: An unprecedented disruption to the world’s court systems

COVID-19 has rapidly developed into a pandemic. This escalation has led to the implementation of state-controlled measures designed to contain and delay the spread of the virus… read more

COVID-19 and force majeure under shipbuilding contracts

As the effects of global restrictions to prevent further spread of the COVID-19 coronavirus outbreak begin to impact the shipping industry, our team of marine experts have advised ship owners and ship builders to check the details of their contracts to clarify whether any delays are covered under force majeure rules… read more

Coronavirus: tips for the travel industry

With the daily headlines in the media being dominated by ‘coronavirus’ Sarah Barnes and Laura Wilson highlight some key points for those working in the travel industry to keep in mind… read more

The coronavirus: are cruise operators being treated fairly in the media?

In 2017, a record 26.7 million passengers cruised globally. In 2018, 28.5 million passengers cruised globally. A total of $150 billion in total economic impact and over 1,177,000 jobs paying $50.24 billion in wages and salaries were generated by the global cruise industry in 2018… read more

UK ports and coronavirus

With vessels and passengers facing restrictions and even quarantine as the shipping industry addresses the global coronavirus outbreak, Tony McDonach and Colin Lavelle consider the possible implications for UK ports… read more

Coronavirus and force majeure

On Thursday 30 January, the China Council for the Promotion of International Trade released a statement confirming that China was offering force majeure certificates to local companies unable to fulfil their international contractual obligations due to the coronavirus outbreak… read more

The new ‘Wuhan’ coronavirus – issues and effects in the shipping market

The outbreak of a novel coronavirus, or the ‘Wuhan’ virus, after the name of the Chinese city in which the first cases were identified, is dominating headlines all over the world… read more