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In response to the unique disruption the COVID-19 emergency presents to the economy, the Cabinet Office has issued non-statutory guidance on responsible contractual behaviour in the context of the emergency. Released on 7 May 2020 and titled "Guidance on responsible contractual behaviour in the performance and enforcement of contracts impacted by the Covid-19 emergency", this guidance calls for parties to contracts, including parties from both the private and public sectors, to act responsibly and fairly.

In this Lawtext article, Competition partner Stephen Whitfield and senior associate Ingrid Rogers examine the most recent merger control and national security developments in the UK.

In the third session of the Employment webinar series on employment law issues associated with Covid-19, Siân Keall, Ailie Murray and Sarah Baker talk about how best to handle restructuring and redundancies within their business and how to plan for the future.

The "S" of ESG has historically been neglected in favour of a focus on climate change and corporate governance. When people hear the word "Sustainability" their first thought is usually the environment.

AG Kokott has delivered her opinion in Sonaecom C-42/19, the latest of a long line of CJEU cases on VAT recovery by holding companies. This opinion, if followed, will limit VAT recovery on costs incurred in connection with abortive transactions.

The transition towards a digitalised legal system has long been on HMCTS' cards, however it is only now that real strides have been taken to achieve this. In light of the Covid-19 outbreak, all hearings (insofar as possible) are taking place remotely, i.e. via a video calling platform.

The case of ACL Netherlands B.V. (as successor to Autonomy Corporation Limited) and others v Dr Michael Lynch and Sushovan Hussain, in which this firm acted for the Claimants (referred to here as "HPE" for ease), has attracted much media attention. The trial took place over 10 months before Mr Justice Hildyard in the period March 2019 to January 2020.

In his International Mother Earth Day message, UN Secretary General, António Guterres, urged governments to turn the worldwide recovery from the Covid-19 pandemic into "a real opportunity to do things right for the future"^[1]. 

Welcome to the latest edition of our Anti-Bribery Newsletter, our regular review of developments in the fight against bribery and corruption in the UK and other jurisdictions.

Changing the defined contribution (DC) pension scheme might be something organisations are considering in the context of furlough or simply in the course of your ordinary business. Done well, change exercises can be a great opportunity to educate and engage employees about pension benefits.

In this In Practice article Finance partner Donald Lowe and Knowledge Counsel James Bell examine the impact of COVID 19 on financial covenants. A borrower may seek to argue that financial ratios should be calculated on the basis of "EBITDAC", so that the effect of the Coronavirus is ignored.

The EU Commission has announced that, as a result of the Covid-19 crisis, the first reporting deadline for the new DAC 6 regime (EU directive 2018/822) will be delayed by 3 months.  

In the second session of Employment's webinar series on employment law issues associated with Covid-19, Tim Gilbert, Doug Bryden and Adam Rice, discuss the key challenges of workplace reintegration post-lockdown and what steps businesses should be considering for this now.

Two former Supreme Court judges have recently suggested that, given the exceptional nature of the current crisis, a "more creative" approach may be needed in assessing contractual disputes. With that in mind, we've put together a checklist of potential issues to consider if you are looking to dig yourself out of a contractual hole created by COVID-19.

Following the announcement made by the Prime Minister on 10 May 2020, the UK Government published on 11 May 2020 its COVID-19 Recovery Strategy ("Recovery Strategy") and ‘COVID-19 Secure’ Guidelines ("Secure Guidelines").  These official guidance documents seek to aid the general public and businesses on navigating their way out of the current lockdown over the coming weeks and months. These are conditional steps and remain subject to meeting the UK Government's five key tests.  

Force majeure clauses are coming under increasing scrutiny in the light of the global COVID-19 crisis, as many businesses are left unable to perform their contractual obligations. The High Court's recent decision in the case of 2 Entertain Video Ltd & Ors v Sony DADC Europe Ltd [2020] EWHC 972 (TCC) provides an important reminder of the limits of force majeure clauses.

The Pensions Regulator has recently gone on record with its views on diversity and inclusion (D&I) for the first time. As trustee boards are set to face increasing levels of scrutiny for a perceived lack of diversity, Daniel Gerring, Partner, Head of Pensions and Alex White, Associate at Travers Smith, explore why all pension scheme stakeholders can benefit from a change in approach towards D&I.

Contact tracing apps have been making headlines around the world and are now set to form part of the UK Government's strategy for exiting from lockdown and unlocking the economy until a vaccine or effective treatment for those infected with COVID-19 is found.

The global COVID-19 pandemic is an unprecedented situation that will have a long-term impact on the asset management industry, stretching well beyond the current period of lockdown.