
Testamentary capacity considerations in the light of Covid 19
Making a Will is a sensible approach to organising your affairs and something that almost everyone should do. As clients get older the destination of their assets when they are no longer here to enjoy them will often become a more…

Government to revoke compulsory COVID-19 vaccination for all frontline health and social care workers
Following consultation, the government has announced that from 15 March 2022, the requirement for mandatory vaccination for all frontline health and social care workers and volunteers in England will no longer apply.

Government to introduce compulsory COVID-19 vaccination for all frontline health and social care workers
Following consultation, the government has now announced that all frontline health and social care workers and volunteers in England (including the NHS) are to be fully vaccinated by 1 April 2022.

Insolvency: Changes to Temporary Measures on Winding Up - Greater Opportunity for Debt Collection
The Corporate Insolvency and Governance Act 2020 (“CIGA 2020”) introduced temporary measures which were designed to protect viable businesses from being forced into insolvency due to the restrictions on trading caused by the coronavirus…

Compulsory Covid-19 vaccination: Temporary medical exemptions for care home staff
From 15 September 2021, for a temporary period, people working or volunteering in care homes who have a medical reason why they are unable to have the vaccine will be able to self-certify that they meet the medical exemption criteria.

Failure to furlough employee renders redundancy dismissal unfair
Laura Brown, Director in the employment team, comments on the recent Employment Tribunal decision (Mhindurwa v Lovingangels Care Limited) an employee, made redundant almost four months after the COVID-19 outbreak, unfairly dismissed…

Self-isolation rules changed for those who are double jabbed close contacts
The change in self-isolation rules coincides with the expiry of the exemption of self-isolation rules for ‘critical workers’ that ran until 16 August. Close contacts are now advised to take a PCR test “as soon as possible” rather…

How to future proof your contracts and adapt to the ‘new normal’
Covid-19 has challenged us to create better and more flexible contract mechanisms to deal with the greater uncertainties that this pandemic has brought. Making good use of these mechanisms, combined with a robust force majeure clause,…

Masks in the workplace – what leisure and tourism employers need to consider
With a variety of organisations (including Waterstones, Tesco, Sainsbury’s and TFL) now requiring face coverings post ‘Freedom day’, employers in the leisure and tourism sector should review their internal policies and consider whether…

New day, new notice period: Government announces further changes to the residential possession procedure
Landlords (and their solicitors) have been eagerly awaiting news of whether the Government will ease some of the current restrictions in place on residential possession as a result of the Covid-19 pandemic. The current restrictions,…

“The trick is to keep pedalling” the saying goes, but the more important question is “how long for?”
Although we do now have some light at the end of the tunnel following the Government’s announcement on 22 February of the staged roadmap for easing coronavirus lockdown, many employees are already living with the day to day fatigue…

Can an employer fairly dismiss an employee where they refuse to wear a face mask at work?
In a recent decision (Kubilius v Kent Foods Ltd), the Employment Tribunal found that Kent Foods’ dismissal of Mr Kubilius, for refusing to wear a face mask while attending one of its client’s sites, was fair.

Investment Fraud : The Vultures Preying on the Global Financial Crisis
In this blog, Carl Mifflin, Head of Restructuring and Insolvency at Howes Percival, examines how investment fraud has thrived in recent years, highlights how economic uncertainty provides a breeding ground for fraudsters and identifies…

COVID-19 Lockdown: How will this affect the Equestrian Sector?
The latest lockdown sees the UK placed under the most restrictive measures which, sadly, will affect a great proportion of the equestrian community. Here is what you need to know about the latest regulations and how it will affect…

Top tips for operators considering changing the use of their licensed premises
As the restrictions imposed on everyday life in response to the COVID-19 pandemic continue to evolve, licensing and planning law specialist Jamie Childs examines what operators of licensed premises should consider when contemplating…

Coronavirus Job Retention Scheme – Updated Guidance and New Treasury Direction
Updates to the Coronavirus Job Retention Scheme (“CJRS”) guidance and a corresponding Treasury Direction were published on 13 November 2020. The Treasury Direction, which formally extends the CJRS from 1 November 2020 until 31 March…

Furloughed Employees Should Receive Full Redundancy Payments And Notice Pay
The Government have introduced the Coronavirus, Calculation of a Week’s pay Regulations 2020 effective from the 31st July 2020. It ensures furloughed employees receive statutory redundancy pay and statutory notice pay based on their…

Government announces temporary changes to Enterprise Management Incentive share schemes
HMRC have announced legislative measures designed to help individuals participating in an enterprise management incentive (EMI) share option scheme who might have been affected by the coronavirus pandemic maintain the tax advantages…

PM announces "most radical reforms to our planning system since the Second World War"
Boris Johnson has announced what the Government has described as “the most radical reforms to our planning system since the Second World War, making it easier to build better homes where people want to live”. The new proposals are…

Divorce in the Time of Coronavirus: How Will the Family Business Be Valued?
Family law partner, Justine Flack discusses how family businesses may be valued in the wake of coronavirus and why it may be necessary to take a broader view in terms of the short, medium and long term impact on valuations.

Rent timebomb: Warning as moratorium on forfeiture for commercial leases is about to end
As the three-month block on the repossession of commercial leases for non-payment of rent ends on 30 June 2020, Howes Percival urges dialogue between landlords and tenants to agree alternative payment plans.

Amendment to SSP Regulations following the introduction of the Government’s Contact Tracing strategy
On the 28 May 2020 the Statutory Sick Pay Regulations were amended. It added to the list of people deemed incapable of work for statutory sick pay purposes to include those who have been notified they need to isolate due to coming…

Divorce in the Time of Coronavirus: What can you do if your settlement no longer seems fair?
Family law partner, Justine Flack looks at the effect of the Covid-19 pandemic on divorce settlements and gives some practical steps for those who feel their settlement has become unfair in light of the circumstances.

Coronavirus (COVID-19): Holiday Entitlement and Pay Guidance
The Government has published guidance covering how holiday entitlement and pay operate during the coronavirus pandemic, including for those who continue to work and who have been furloughed in accordance with the Coronavirus Job Retention…

The Covid-19 Recovery Strategy: What Leisure & Tourism Employers Need to Consider
Following the Government’s announcement on Sunday outlining the recovery strategy for the UK, further guidance to help employers, employees and the self-employed was issued on Monday to ensure that workplaces are as safe as possible.…

Planning for life after lockdown in the leisure and tourism sector
Whilst COVID-19 has affected businesses across the board, it is unfortunately likely to have a disproportionately adverse effect on the leisure and tourism sector, with businesses being unable to open or adapt work environments as…

US Court sees one of the first major trade mark lawsuits related to the COVID-19 pandemic
Over the Easter weekend, respirator manufacturer ‘3M’ filed a claim against New Jersey based Company ‘Performance Supply LLC’ (“PSL”) for allegedly violating federal trademark law through the resale of 3M’s N95 respirator masks at…

Update: Pre-Pack Sale Administrations of Companies With Furloughed Employees and the Coronavirus Job Retention Scheme
On the eve of the Easter weekend, 9 April 2020, the Government published updated guidance in relation to the TUPE question. The updated guidance confirms that employees that have been transferred under TUPE will be eligible for the…

Pre-pack sale administrations of companies with furloughed employees and the Coronavirus Job Retention Scheme
The Government introduced the Coronavirus Job Retention Scheme on 20 March 2020 (the “Scheme”). The Scheme is open to all UK employers which operate a PAYE scheme and which have a UK bank account. The Scheme is intending to operate…

Changes to Insolvency Law on personal liabilities for company directors in light of COVID-19
On Saturday 28 March 2020, Alok Sharma, the Secretary of State for Business, Energy and Industrial Strategy, announced that the Government will make changes to the ‘insolvency process’ in England and Wales.

Working from home -temporary remote software – who should pay?
On 16 March 2020, the Government advised all those who can work from home, to do so. Responsible employers are following the guidelines wherever feasible and schools and universities, which have also been closed, have moved lectures…

Coronavirus Act 2020 – what does it mean for commercial landlords and tenants?
Commercial Landlord? Business Tenant? If you are either of these, you are going to be worried about protecting your business income stream, how you are going to pay your rent, and meet your other liabilities in the coming weeks.

COVID-19: Remote working – will contracts concluded by e-signature be legally enforceable?
In the wake of the Covid-19 pandemic, businesses have been doing their best to keep operational. Although that has become impossible for some, in particular as a result of the unprecedented measures announced on Friday 20 March 2020…

COVID-19: An update for owners and operators of licensed premises
These are unprecedented and challenging times for the owners and operators of licensed premises. Howes Percival have been advising clients in the leisure and tourism industry for over 25 years and continue to stand by our clients,…

When the Diggers stop…how does your building contract deal with COVID-19?
The COVID-19 virus will undoubtedly have a significant impact on the construction industry, given its reliance on a readily available supply of labour and materials. Contractors, sub-contractors and professional consultants are all…

COVID-19: How does it affect my lease? A short guide for landlords and tenants
The current climate has left landlords and tenants alike wondering how the COVID-19 outbreak will affect their rights and obligations under existing commercial leases. Our commercial property partner Stuart Burns considers.
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