Covid-19 Knowledge and Insights
Expert insight on the latest legal and commercial developments Surrounding the coronavirus
To discuss the challenges facing your business, please speak to your usual HFW contact or our dedicated Covid-19 team at covid19@hfw.com
In this section
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Construction restarts in NSW: Caution still required to safeguard your business
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The NSW Government has permitted the construction industry to restart from Monday 2 August 2021. However, ongoing restrictions will significantly inhibit the restart of many construction sites. -
Western Australia gets tough - COVID ships may be barred, possible new criminal offences and increased penalties to be introduced
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Due to the ongoing COVID-19 Pandemic and in particular the new and highly infectious Delta strain, the Western Australian Government has issued a “Notice to Shipping Industry” which warns that vessels may be barred from entry to the State should proper COVID-19 prevention protocols not be implemented or recorded on board the inbound vessel. -
5 key issues to consider in the wake of the NSW COVID-19 construction shutdown: How to safeguard your business while you still can
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The NSW Government has prohibited all construction from Monday 19 July 2021 to 30 July 2021. The prohibition applies to residential, commercial, public, infrastructure and civil works. -
Entry restrictions in Latin America
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During the course of 2020, we shared the status of border closures culminating with our October 2020 bulletin, in Latin America and the Caribbean due to the Covid-19 pandemic. The vaccine roll-out has helped to reactivate diverse economies and open borders, although passenger numbers have not yet reached pre-Covid levels. -
Aussie Rules
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As the measures in the UK designed to protect businesses from insolvency draw to an end, what guidance can be taken from Australia where similar measures ended a few months ago? -
Logistics face a bumpy road in the COVID-19 vaccine rollout
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The unprecedented vaccine breakthroughs are certainly welcome developments in the global response to the COVID-19 pandemic. The next big challenge is the safe and efficient global distribution of these vaccines. Logistics companies, already pushed to their limits by the demands placed on supply-chains by the pandemic, are facing an even greater test in vaccine deployment. This is not just due to the sheer volumes that are and will be needed to be distributed globally, but also to the temperature sensitivity of these vaccines that supply chains will be required to accommodate. -
COVID-19: Unexpected consequences for airlines offering refund vouchers in Colombia
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The Colombian Superintendence of Transportation has commenced 2021 by fining an airline over US$50,000 for refunding passengers with vouchers when their scheduled flights were cancelled. This decision undermines an emergency law enacted to support the aviation industry in the wake of Covid-19. -
COVID-19 and Beyond: FCA Test Case’s Implication for Hong Kong
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The UK Supreme Court’s first judgment in 2021 marks a turning point in insurance law for those underwriting business interruption risks. In its judgment, the UK Supreme Court interpreted disease clauses, prevention of access clauses and trends clauses in sample policies1. Given the common law origin of Hong Kong law, the Test Case by the UK’s Financial Conduct Authority (FCA) will likely have a bearing on future Hong Kong insurance cases concerning the COVID-19 pandemic. -
Wider consequences of the Supreme Court judgment in the FCA test case
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On 15 January, the English Supreme Court handed down its final judgment in the COVID-19 Business Interruption test case commenced by the FCA. It is clear that the Supreme Court's judgment will have wider ramifications for English insurance law (beyond COVID-19 business interruption claims), particularly with regard to causation and quantum. -
COVID-19 judgment update: South Africa and Australia
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COVID-19 business interruption claims have been very much in the news lately. In terms of industry-wide class actions, the UK’s Financial Conduct Authority (FCA) has been leading the way with its test case, judgment in which was handed down on 15 September 2020 (the FCA Test Case Judgment). -
COVID-19 BI Losses: English High Court confirms loss of use is not equivalent to physical loss of property
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The recent judgment in the FCA business interruption test case ruled on the interpretation of notifiable disease and non-damage prevention of access extensions under BI policies. However, one issue that the test case did not consider was coverage of COVID-19 BI losses under the principal BI insuring clause (which typically provides cover for BI arising out of "damage" to insured property). -
Is the aviation insurance market ready for a COVID-19 vaccine?
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As the development of the COVID-19 (C-19) vaccine gathers speed, the transportation and logistics industry will need to turn its attention to how the product can be safely and efficiently distributed. Recent figures from the International Air Transport Association (IATA) suggest that the equivalent of 8,000 Boeing 747s will be needed in order to deliver the billions of doses required to vaccinate the global population. -
COVID-19 Chronology
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At HFW, we understand how COVID-19 has affected businesses around the world. Each jurisdiction, in all corners of the globe, has and will continue to grapple with the issues arising from COVID-19. In light of this, our global insurance team have created a COVID-19 Chronology of the dates when COVID-19 related restrictions on businesses were introduced, to be used as an initial guide when reviewing any policies which may be available. -
Flights down but unstabilised approaches up - What does this tell us about operational risk in the industry’s gradual emergence from COVID-19?
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Airline operators and their insurers alike will be interested in statistics recently released by IATA which show that, despite the historic low volume of flight operations over the last few months, the percentage of unstabilised approaches prior to landing has dramatically increased. -
Covid-19: Brazil’s new civil aviation emergency plan
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On 5 August 2020, the Brazilian President enacted, with immediate effect, a new set of rules to mitigate the adverse effects of Covid-19 contingency measures on Brazilian civil aviation operators – especially airlines, air taxi companies and privatised airports. -
A COVID-19 Legal Toolkit for the Construction Industry: Termination and Suspension
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For the past 4–5 months, COVID-19 has forced construction sites around the globe to close or comply with new and changing guidelines as governments announced lockdowns and other measures to slow the spread of the virus. -
Sustainable Aviation: How COVID-19 moved the CORSIA goalposts
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When ICAO devised its Carbon Offsetting and Reduction Scheme for International Aviation (CORSIA), the intent was to calculate the emissions baseline using the average traffic and emissions for the years 2019 and 2020. At the time when this system was developed, international air traffic was forecast to grow at around 5% per year. -
Virtual hearings – a framework to building a new model for litigation
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“You never change things by fighting the existing reality. To change something, build a new model that makes the existing model obsolete” Buckminster Fuller. COVID-19 has prompted hearings to be conducted virtually with many hearings and other court and Tribunal processes, including full trials, being conducted electronically. -
COVID-19 and commodity trade finance: The way forward
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We look at the disruption caused by the COVID-19 pandemic across commodity markets globally and how this is impacting financing arrangements including ‘MAC’ clauses, financial covenants, ‘corona clauses’, events of default and force majeure as well as recent guidance from the International Chamber of Commerce (ICC) on electronic trade documentation and flexibilities under the ICC rules. -
COVID-19 and variations
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The COVID-19 crisis has often required contractors to change the way they are working on site, resulting in significant extra costs. The contract provision people normally focus on to begin with is Force Majeure, which we have considered in an earlier briefing. This briefing looks instead at the right to compensation under the variations clause and also the related subject of Change in Law. -
Freight forwarders – protect yourself!
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In the last few months, supply chains have adapted very well, but consumer demand has been severely disrupted by restrictions put in place due to COVID-19. As countries slowly begin to re-open, supply chains continue to face significant uncertainty and disruption from the economic fallout of COVID-19. -
COVID-19 – the UAE government's support in response to the pandemic and practical steps for borrowers
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On 15 March 2020, the UAE Ministry of Human Resources and Emiratisation (MOHRE) released guidance for employers on how to conduct their response to the outbreak of the COVID-19 virus. -
COVID-19 Classified as a Natural Disaster by Pennsylvania Supreme Court; Could this Affect Coverage Litigation Arising from COVID-19?
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A recent decision from the highest court in Pennsylvania ratifying government action in response to COVID-19 could have unintended consequences in coverage litigation over insured’s claimed business interruption losses. -
Corporate Insolvency and Governance Bill: The impact on commodities
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As reported last month, as part of its response to the Covid-19 pandemic, the UK Government has brought forward reforms to the corporate insolvency regime. The Corporate Insolvency and Governance Bill (the "Bill") has now been introduced to Parliament. -
COVID-19 Emergency Employment Measures across the UAE
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The crisis facing the globe has been said to be the greatest in a generation. -
Revival, Recovery, Renewal: the future of aviation and its ever-changing risk landscape
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In March, HFW highlighted five key operational issues that insurers and insureds alike should consider as they respond to COVID-19 (C-19). Since that briefing a clearer picture has emerged as to what the new “normal” may look like for our industry. -
COVID-19 and Cyber Crime
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The impact of the COVID-19 pandemic has undoubtedly changed our lives and will continue to do so for some time to come. During this uncertain time, organisations and people are looking for information, support and safety through government, health and media channels. -
COVID-19: Business Interruption Claims in a Global Pandemic
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On March 11, 2020, the World Health Organization declared the Coronavirus (COVID-19) outbreak a pandemic. In light of the declaration, a majority of businesses in the United States were forced to temporarily close their doors, experiencing business disruptions. -
COVID-19 : Transport routier de marchandises, les dispositions applicables
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Dans le cadre de la lutte contre la propagation du Covid-19, l'exécutif (notamment par la voix du Secrétaire d'Etat chargé des Transports, M. Jean-Baptiste Djebbari) a salué à plusieurs reprises le rôle crucial joué par le secteur des transports pour la continuité économique de la nation. -
FCA seeks Court rulings on COVID-19 coverage under industry Business Interruption insurance wordings
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On Friday 1 May, the FCA announced stating that it intends to seek legal clarity on BI insurance. -
COVID-19: Supportive Measures Proposed by the EU Commission for The Aviation Sector
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According to estimations made by the International Air Transport Association (IATA), the COVID-19 pandemic will result in airlines seeing passenger revenues drop by $314 billion in 2020, a 55% decline compared to 2019. Urgent measures are thus required to help mitigate the difficulties faced by the aviation sector. -
Floating storage: High reward and high risk? Existing and new floating storage charter issues discussed
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Disputes between oil producing nations on output capacity, coupled with a steep decline in consumer demand for oil as a result of the Covid-19 pandemic, have led to serious oil storage capacity shortages on-shore and plummeting (even negative) oil prices. There is far too much oil and not enough places to store it. -
A Covid-19 Legal Toolkit for the Construction Industry – Force Majeure & Change in Law
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In this briefing, HFW covers how the Covid-19 Pandemic may give time and/or cost relief under construction contracts, either as Force Majeure or a Change in Law. -
COVID-19 induced insolvencies – things to watch out for
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In the midst of the COVID-19 pandemic and the far reaching and drastic measures implemented in numerous countries around the world, we are receiving an increasing number of insolvency and restructuring enquiries from our clients. -
COVID-19 UPDATE: nouvelles dispositions sur le respect des delais pendant et apres l'etat d'urgence
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Suivant la loi n° 2020-290 du 23 mars dernier, l'état d'urgence sanitaire a été déclaré et le Gouvernement a été habilité à prendre par voie d'ordonnances toute une série de mesures destinées à gérer la crise du Covid-19 dans divers domaines : sanitaire, économique, financier, social, fiscal, etc… Le Gouvernement a usé de cette faculté et c'est avec une rapidité impressionnante que des ordonnances ont été prises, dès les 25 mars, pour aménager le droit. -
COVID-19 – What will proposed changes to UK insolvency law mean for commodities market participants?
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As previously reported, the UK Government has announced that it will urgently bring forward proposed reforms to the corporate insolvency regime, to give "breathing space" to companies in financial difficulty as a result of Covid-19. The proposed reforms, based on a consultation in 2018, include new restructuring and temporary moratorium procedures. -
Ship finance closings during the coronavirus crisis
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In the light of the ongoing COVID-19 pandemic, many businesses across the world are asking their staff to work from home. This brings with it certain challenges for executing and delivering documents. This is a guide on the English law rules surrounding the execution and delivery of documents, as well as certain workarounds that are available to facilitate remote closings. -
LATAM Court Schedules and Closures
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Across Latin America we are experiencing court closures and delays which currently are expected to continue through April. In some jurisdictions this means that courts will be at a standstill during this period and we are told by our local network of correspondents that the periods could be extended further, adding even greater delay to cases currently in litigation. We are monitoring these court schedules closely. -
COVID-19 and other policies – Saudi Arabia
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Whilst much has been written about the responses of Property Damage and Business Interruption Coverages to COVID-19, we should not lose sight of institutions’ other insurance policies in the light of the current situation. Why so? -
An update on the measures being taken to reduce the business impact in Singapore, and an outline of the way in which the courts will meet the challenge it poses
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This briefing looks at the measures being taken by the Singapore government to support businesses and meet the challenges posed by Covid-19, with the introduction of the Covid-19 (Temporary Measures) Act 2020 (the Act)1, and the Registrar's Circular No, 4 of 2020: Updates on Measures Relating to Covid-192, focussing on: -
COVID-19 – Les conséquences de la pandémie sur l'exécution des contrats en cours
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En l'espace d'un mois, les opérateurs économiques ont assisté à la chute vertigineuse de nombreux indicateurs de référence de l'économie mondiale. Les cours des principales matières premières et notamment celui du baril de pétrole, se sont effondrés tandis que les indices des prix du fret maritime ont atteint des niveaux historiquement bas. -
What do England's new COVID-19 laws and regulations mean for shipping?
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Since the spread of the COVID-19 outbreak to British shores, the UK has passed legislation intended to address various problems anticipated to be caused by the virus. -
HFW Consulting - Managing Cyber Risks During Uncertain Times
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With unprecedented number of people working from home and accessing corporate networks remotely, the opportunity for organisations to be targeted by cyber attacks has dramatically increased. -
COVID-19 : Dématérialisez le fonctionnement de votre société
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La pandémie de Covid-19 et les ordonnances d'exception qui ont été prises pour une période temporaire est l'occasion de réfléchir à mettre en place des mesures pérennes de dématérialisation du fonctionnement des sociétés. La saison des délibérations annuelles à venir offre donc une opportunité de rebondir au-delà des contraintes qui en résultent afin de moderniser les pratiques actuelles et de les faire accepter. -
COVID-19 - Malaysia update
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Operational / Employment Perspective - 8 things aviation and other business operators should know about the Movement Control Order ("MCO") -
COVID-19: Digitise your corporate governance
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The Covid-19 pandemic and the emergency ordinances that have been issued by the French Government for a temporary period are an opportunity to reflect on setting up permanent measures for the digitisation of corporate governance. The upcoming annual deliberation season therefore offers an opportunity to bounce beyond the existing constraints in order to modernise current practices. -
COVID-19 Business Interruption and Event Cancellation - Kuwait
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Given the rapid global spread of the virus, the outlook for businesses is changing on a daily basis, with clear potential for further escalation, resulting in insurance implications across multiple lines. -
Distressed Businesses and Merger Control
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In the current economic climate many businesses may wish to negotiate rescues other than by State aid, for example through acquisitions, mergers, buyouts and/or emergency investments. -
COVID-19 and employment in the UAE
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With ever evolving changes in light of the Covid-19 pandemic, employers in the UAE are facing unprecedented business challenges and are grappling with how to manage their employment relationships within the boundaries of the law, while at the same time keeping their businesses afloat. -
Frustrated? If your force majeure clause does not cover Covid-19 issues - consider the English law doctrine of frustration
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During these unprecedented times we are receiving numerous queries from clients as to whether the force majeure (FM) clauses in their contracts will protect them from any issues caused by delays and/or defaults arising from COVID-19. -
The Coronavirus Crisis - The Furlough Scheme – Update
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An update to our recent bulletin -
COVID-19 and EU state aid temporary framework
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This update describes the exceptional measures taken by the European Commission to assist sectors which are severely affected by the coronavirus disease outbreak (COVID-19). It is relevant to all businesses which have been particularly hard hit including aviation, transport, tourism, hospitality and retail. -
Insurance Bulletin - April 2020
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Regulation and Legislation -
Coronavirus: Tourisme et transport de passagers - Update
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Depuis la publication de notre Client Briefing le 17 mars, la situation sanitaire s'est hélas dramatiquement aggravée à travers le monde. Les mesures de confinement ont été renforcées dans la plupart des pays d'Europe (cf. pour la France le Décret n° 2020-260 du 16 mars 2020 portant réglementation des déplacements dans le cadre de la lutte contre la propagation du virus) qui est désormais l'un des principaux foyers de la pandémie -
Construction COVID-19 Bulletin - April 2020
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A COVID-19 Legal Toolkit for the Construction Industry. In the first of several bulletins, HFW advises how the construction industry can safely navigate the unprecedented challenges of the COVID-19 pandemic. -
Financial Lines and COVID-19 - Update
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In our previous article1 we wrote about areas where we saw potential risks for (re)insurers of banks in GCC countries. Given the fast moving nature of COVID-19 and the response of the various authorities, we now consider further developments. -
The Coronavirus Crisis: The Furlough Scheme
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The Government has published its Guidance on the operation of the Furlough Scheme, entitled Claim for wage costs through the Coronavirus Job Retention Scheme. -
Construction COVID-19 Bulletin (Hong Kong Version) - April 2020
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A COVID-19 Legal Toolkit for the Construction Industry. In the first of several bulletins, HFW advises how the construction industry can safely navigate the unprecedented challenges of the COVID-19 pandemic. -
COVID-19: Relief for company directors and companies
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The UK Business Secretary has announced that the Government will implement certain changes to enable UK companies undergoing a rescue or restructuring process to continue trading, giving them breathing space that could help them avoid insolvency. -
The COVID-19 Pandemic and the Contractual Force Majeure Landscape
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Often considered mere boilerplate, contractual force majeure (FM) provisions are taking on far greater significance in light of the global economic slowdown following the spread of COVID-19. In the last 20 years, the world has been exposed to multiple destructive health crises. SARS in 2002 and 2003, Swine flu in 2009, MERS in 2012, Ebola between 2014 and 2016, Zika in 2015, and now COVID-19. -
Questions and answers on how best to deal with International Arbitration in the face of COVID-19
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Following the briefing1 we issued on how the English Courts are meeting the challenges posed by Covid-19, and after receiving a high number of requests from clients on the impact to their arbitrations, in this briefing we set out the current issues faced by those engaging in International Arbitration (IA) and offer possible solutions, and also summarise the way in which a number of the key IA Institutions (as well as ICSID) and trade associations are adapting to support parties during the pandemic. -
COVID-19 and Remote Working - Cyber security and data privacy
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As remote working becomes more and more mandatory across the globe so the prevalence of Covid-19 cyber security and data privacy issues is increasing commensurately. -
COVID-19: Aviation Risk and Operational Considerations – Communication is key!
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This briefing analyses the impact COVID-19 (C-19) is having on the risk profile of the aviation industry. -
COVID-19: Adaptation du deroulement des procedures judiciaires
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En exécution de la loi d’urgence n° 2020-290 du 23 mars 2020 prise pour faire face à l’épidémie de Covid-19 et autorisant le gouvernement à légiférer par voie d'ordonnances, a été publiée le 26 mars 2020 au Journal Officiel de la République Française une Ordonnance n° 2020-304 portant adaptation des règles applicables aux juridictions de l’ordre judiciaire statuant en matière non pénale et aux contrats de syndic de copropriété. -
COVID-19: The UK government prepares to give companies some financial breathing space
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In what is good news for many organisations struggling with the economic challenges posed by Covid-19, the UK's Business Secretary announced over the weekend that the government will push forward with various reforms to the English insolvency laws; in effect fast tracking reforms that were under discussion back in 2018. -
Comprehensively Yachts - COVID-19: Industry Briefing
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In our latest industry briefing the HFW yacht team consider some of the key issues being encountered by clients coping with the repercussions of the unprecedented COVID-19 outbreak. -
COVID-19 and the enforcement of competition law in Europe
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This update describes exceptional measures taken by competition authorities in Europe and the UK temporarily and partially to relax competition law to seek to protect security of supplies to consumers following the coronavirus disease outbreak. It is relevant to all businesses active in the supply chain to consumers. -
Data protection in a time of COVID-19: guidance and privacy concerns during a pandemic
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Data protection regulators across the world have published useful guidance on compliance and enforcement during the coronavirus outbreak. Meanwhile, governments are using tracking technologies to slow the spread of the virus, cyber criminals have increased their activities and businesses risk fines if they ignore data protection and privacy laws. This briefing recaps EU and UK guidance, and discusses government use of technologies to protect public health. -
The Coronavirus Crisis: Employment Law Conundrums
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The crisis facing the Country in all aspects of the fabric of social life has been said to be the greatest in a generation. As we all know, the Government has put in place measures which are unique, particularly in relation to the workplace and employment law. However, these measures have to be seen against the backdrop of already existing employment law which creates some difficult issues for employers and employees. -
The coronavirus and freight forwarding
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How managing the spread of coronavirus is impacting freight forwarders and logistics operators -
English Courts remain open for business in the face of Covid-19
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Covid-19 is challenging every aspect of our lives, including how we litigate in the English courts. This briefing offers an update on recent guidance and some practical workarounds, which we hope will be helpful. -
Covid-19 : Nouvelles dispositions legales modifiant la computation des delais pendant la duree de l'etat d'urgence
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COVID-19: Quelles consequences sur les délais de procédure?
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Face à la propagation de la pandémie de coronavirus, la maîtrise du temps s'avère être la clef de voûte pour bien évidemment les médecins, soignants, chercheurs, et plus généralement l'ensemble du secteur médical, mais également pour toutes les entreprises afin de préserver leurs droits, leur survie donc, et de facto celle de l'économie française. -
COVID-19 Briefing on Business Interruption issues
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As COVID-19’s grip across the globe continues to tighten, we have already seen business interruption coverage proceedings commenced in Louisiana this week following the closure of a fish restaurant due to COVID-19 virus contamination. Insurers are busy considering initial claims and their books generally in relation to their exposure. What is certain is that significant financial losses will be suffered and people will consider whether these are (or ought to have been) insured. -
Coronavirus: Tourisme et transport de passagers
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Le coronavirus (Covid-19), qualifié le 11 mars de pandémie par l’OMS, a déjà affecté plus d’une centaine de milliers de personnes dans le monde et causé plusieurs milliers de décès (notamment en Chine). L’Europe (et notamment l’Italie et la France) est depuis quelques jours le nouveau foyer de la contagion. -
Financial Lines and COVID-19
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Whilst Central Banks are battling to prevent a worldwide recession caused by COVID-19, by cutting interest rates or injecting funds into their respective economies and banks are seeking to give customers some respite from their financial obligations, (re)insurers are likewise looking at their exposures and the underlying risks and how to manage them. From the Financial Lines perspective, the current circumstances throw up a number of issues: -
Keeping calm and carrying on: How can commodities traders prepare for the impact of COVID-19?
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The spread of COVID-19 has evolved from a regional issue in China into a global public health emergency. In addition to the human tragedy, the virus is having severe economic consequences. There is considerable uncertainty, both commercial and personal. In this briefing, we look at how commodities traders can prepare for and try to minimise the impact of the virus on their business. -
UAE Insurance Authority Circular: COVID-19
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We previously issued an article relating to the impact of COVID-19 on businesses, with a broad focus on business interruption and event cancellation.1 -
COVID-19 - Business Interruption and Event Cancellation
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With reports relating to the spread of COVID-19 (2019 Novel Coronavirus/2019-nCoV) continuing to dominate headlines, in addition to the human tragedy, the global spread of the virus is having severe economic consequences. In these uncertain times, businesses are naturally looking towards their risk management arrangements, of which insurance frequently plays a key part. -
Coronavirus COVID-19: managing EU261 exposures
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In this briefing note, James Jordan provides guidance to airlines on their potential liability under EU261 arising out of the outbreak of coronavirus COVID-19 and the various associated travel bans and flight restrictions that are now in place. -
Coronavirus and documentary delays
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The tragic human cost of Coronavirus Covid-19 has been widely reported. In addition, the impact on shipping and trading is now becoming clear. -
Coronavirus: Can it be a Force Majeure event?
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The human cost of the novel coronavirus outbreak has been widely reported and the tragic consequences continue. In the commercial sector, we are also seeing an impact on our clients: China is the world's largest importer of crude oil, iron ore and soybeans and the largest exporter of steel; the impact of the virus on supply chains, production and transport has been and may continue to be significant. -
Novel Coronavirus – An Aviation Perspective
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SARS, MERS, Ebola – the aviation sector has been no stranger to dealing with epidemics in recent times. To that list must now be added a novel coronavirus (named “2019-nCov”), declared a public health emergency by the World Health Organisation.