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When will reference to a document in a witness statement waive privilege in that document

Published on 14 May 2020. By Davina Given, Partner and Gill O'Regan, Senior Associate

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Tread carefully when considering whether and how to reference privileged documents; "deployment" of a document may draw back the cloak of privilege but a "mere reference" may not. Context will be key.

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Blog

Football referees held not to be employed for tax purposes – the final whistle for HMRC?

Published on 14 May 2020. By Ben Roberts, Partner

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Whether an individual is employed, or self-employed, for tax purposes is a question that has – in the era of the 'gig' economy and given the anticipated extension of the off-payroll working (IR35) rules – never required closer examination.

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Blog

SIPP and SSAS providers face further test following in-specie ruling in favour of HMRC

Published on 13 May 2020. By Rachael Healey, Partner

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The Upper Tier Tribunal has overturned a decision of the First Tier Tribunal and found in favour of HMRC in a case that is likely to place further pressure on the SIPP and SSAS markets.

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Blog

Looney – Termination payments were trading receipts

Published on 13 May 2020. By Constantine Christofi, Senior Associate

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In Kieran Looney & Anor v HMRC [2020] UKUT 0119 (TCC), the Upper Tribunal (UT) has dismissed an appeal against the First-tier Tribunal's (FTT) decision that a termination payment and other payments made under a contract entered into by a partnership to provide management training, were trading receipts of a partnership.

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Blog

Return of the MAC (clauses): renegotiating or exiting your supply chain contracts

Published on 12 May 2020. By David Cran, Partner and Marlon Cohen, Senior Associate

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As more challenges arise from the current pandemic, suppliers and customers in the retail supply chain will be looking at their contracts to see how best to navigate the challenges they face. This may involve reviewing existing supply chain arrangements and seeing if there is a way to renegotiate or exit existing contracts.

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Blog

RICS Guidance and Key Developments for Surveyors: #2 Coronavirus, valuations and "material uncertainty"

Published on 12 May 2020. By Alexandra Anderson, Partner and Felicity Strong, Senior Associate

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The recent lockdown has posed a serious challenge to the UK housing market, with the present and future potential impact of COVID-19 on the market inviting comparisons to the post-2008 recession.

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Publication

International risk team: Aggregation issues in Covid-19 related claims

12 May 2020

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A lot of electronic ink has been used by lawyers to debate whether coronavirus on the surface of physical things constitutes damage. Although that may have seemed a crucial question some weeks ago before the lock-down it is probably largely academic now.

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Blog

Tips for minimising costs on Part VII transfers

Published on 11 May 2020. By Neil Brown, Partner

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The Covid-19 crisis might cause insurers to seek to free up capital by disposing of portfolios of legacy business. This blog sets out some tips for carrying out Part VII transfers whilst under increasing costs constraints.

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Blog

FOS complaints and hindsight – categorical statement from the Chief Ombudsman

Published on 11 May 2020. By Rachael Healey, Partner

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The FCA has been producing a range of temporary measures with the aim of ensuring that firms can work at pace during the pandemic for the benefit of customers. However, where procedures are bypassed or corners cut what will FOS do in response? The response from FOS to that questions raises another – the use of hindsight when coming to its decisions.

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Publication

Tax Bites - May 2020

07 May 2020

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Welcome to the first edition of RPC's Tax Bites ­ providing monthly bite­sized updates from the tax world.

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Blog

The ASA bites back – Burger King 'Rebel Whopper' ads ruled to be misleading and in breach of advertising rules

Published on 07 May 2020. By Ben Mark, Partner and Victoria Noto, Associate

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At the start of the year, Veganuary hit the headlines, with the British public challenged to ditch animal by-products in favour of a plant-based diet for the month of January.

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Blog

The ASA bites back – Burger King 'Rebel Whopper' ads ruled to be misleading and in breach of advertising rules

Published on 07 May 2020. By Ben Mark, Partner and Victoria Noto, Associate

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At the start of the year, Veganuary hit the headlines, with the British public challenged to ditch animal by-products in favour of a plant-based diet for the month of January.

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Publication

Sports Ticker #12

Published on 07 May 2020. By Jeremy Drew, Partner and Joshua Charalambous, Senior Associate and Stuart Harris, Associate and Samuel Coppard, Associate

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Welcome to the latest edition of the RPC Sports Ticker - providing fortnightly bite-size updates from around the sports industry.

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Blog

What are good grounds for appeal in insolvency applications?

Published on 06 May 2020. By Simon Hart, Partner and Emily Saffer, Associate

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Applying for permission to advance fresh evidence on appeal is a tricky application, which has had varying degrees of success in the courts. Zheng Yougxiong v Gate Ventures Plc(1) is a useful example of the application of the criteria, albeit in the context of insolvency proceedings.

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Podcast

A look at Lloyd's Lab

06 May 2020

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Welcome to Insurance Covered! The podcast that looks at the inner workings of the insurance industry with the help of expert guests. This week we are taking a look at Lloyd's lab, the renowned insure-tech startup programme. Our guest is Ed Gaze, who is the Lab Manager.

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Blog

Coyle – Upper Tribunal refuses permission to appeal out of time

Published on 06 May 2020. By Constantine Christofi, Senior Associate

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In Michael Coyle t/a Coyle Transport v HMRC [2020] UKUT 0113 (TCC), the Upper Tribunal (UT) set aside the decision of the First-tier Tribunal (FTT) for errors of law, but reached the same conclusion as the FTT and refused the taxpayer permission to appeal out of time.

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Blog

Regulated Activities Order amendments for the new Bounce Back Loan Scheme

Published on 05 May 2020. By Whitney Simpson, Senior Associate

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On 1 May 2020, the Financial Services and Markets Act 2000 (Regulated Activities) (Coronavirus) (Amendment) Order 2020 was published and came into force on 4 May 2020.

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Blog

The Solicitors Disciplinary Tribunal: new rules, new game?

Published on 05 May 2020. By Graham Reid, Legal Director, Professional Regulation and Thelma Ainsworth, Associate

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There are few things that strike fear into the heart of a solicitor more than the prospect of being sent to the Solicitors Disciplinary Tribunal. This article looks at its new rules of procedure.

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Publication

Arbitrable disputes in the context of winding up proceedings

Published on 05 May 2020. By Prakash Nair, Director

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This note discusses two recent decisions of the Court of Appeal of Singapore that dealt with the standard of review to be applied in winding up proceedings where a debtor asserts that there is a dispute which parties agreed to resolve by way of arbitration.

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Publication

General liability newsletter - April 2020

04 May 2020

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Welcome to the latest edition of our general liability newsletter, rounding up some the key cases from the last few months.

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Blog

New 100% government-backed loan scheme for small and medium-sized businesses

Published on 04 May 2020. By Sukh Ahark, Partner and Lauren Murphy, Associate

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The new 'Bounce Back Loans' scheme (the "Scheme") launches today. The Scheme provides small and medium-sized businesses with loans from between £2,000 and £50,000, such cash to be accessible within days.

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Publication

International risk team - The Atlantik Confidence: precautions to take in respect dubious claims in the wake of economic crises

01 May 2020

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Insurers want to pay claims. However, insurance claims history shows that when certain businesses face an existential threat they are inclined to take a very aggressive attitude towards their insurance “assets” in a desperate attempt to generate liquidity.

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Publication

Regulatory Roundup Q1 2020

Published on 30 April 2020. By Gavin Reese, Partner

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Welcome to the Spring edition of the Regulatory Roundup, which aims to pull together the key developments across regulatory regimes – and help you to navigate the maze.

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Blog

High Court provides a reminder against "over-lawyering" of witness statements

Published on 30 April 2020. By Parham Kouchikali, Partner and Harriet Evans, Associate

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In a reminder not to "over-lawyer" witness statements, a High Court judge has ordered that statements be revised to remove inappropriate content(1).

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Publication

VAT update - April 2020

Published on 30 April 2020. By Adam Craggs, Partner and Rebekka Sandwell, Associate

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In this month’s update we report on (1) the Value Added Tax (Finance) Order 2020 (SI 2020/209), which amends the fund management exemption; (2) HMRC’s guidance on the deferral of VAT payments due to COVID-19; and (3) HMRC’s guidance on how importers can pay no import duty and VAT on medical supplies, equipment and protective garments.

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Blog

Landmark case sees trade mark specifications cut down on grounds of bad faith.

Published on 29 April 2020. By Ben Mark, Partner and Sarah Mountain, Senior Associate

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Today, the High Court handed down judgment in Sky v SkyKick. The judgment follows the CJEU's 29 January 2020 decision, which answered various questions that the High Court had referred to it, back in June 2018.

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Blog

New virtual insurer for Hong Kong

Published on 29 April 2020. By Andrew Carpenter, Partner

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This month saw the award of a further virtual insurer licence in Hong Kong – this time for OneDegree (on 15 April 2020). The start-up will focus, initially, on the burgeoning Hong Kong pet insurance market, before a proposed expansion into health and cyber risk.

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Blog

Impact of COVID-19 on telecommunications apparatus

Published on 29 April 2020. By Catherine Young, Associate

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With COVID 19 keeping individuals and businesses in various states of lockdown around the world, the importance of telecommunications in keeping the country connected, both professionally and socially, has been thrown into sharp relief.

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Blog

COVID-19: What is the CMA's current approach to UK merger assessment?

Published on 29 April 2020. By Lambros Kilaniotis, Partner and Melanie Musgrave, Senior Associate

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The CMA has been adapting its working practices to react to the ongoing challenges of a change in working environment that has an impact on almost all businesses.

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Blog

Davies – Taxpayers unable to benefit from motive exemption in TOAA or qualify for treaty relief

Published on 29 April 2020. By Alexis Armitage, Associate

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In Andrew Davies & Others v HMRC [2020] UKUT 67 (TCC), the Upper Tribunal (UT) held that the taxpayers did not satisfy the ‘motive exemption’ in the transfer of assets abroad (TOAA) legislation and could not benefit from treaty relief.

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Blog

General adjournment in Hong Kong does not extend duration of ex parte injunction

Published on 29 April 2020. By Carmel Green, Partner and Antony Sassi, Managing Partner, Asia

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In Hong Kong, the courts have generally been closed, save for urgent and essential court business as a result of COVID-19.

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Blog

Carluccio's serves up a rescue recipe

Published on 28 April 2020. By Paul Bagon, Partner and Hannah Ryan, Events Assistant

On Friday 24 April, RPC hosted a 30 minute webinar on the interaction of furloughing and insolvency law.

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Blog

Lease frustration and COVID-19

Published on 28 April 2020. By Sarah Wilkinson, Senior Associate

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Frustration of a contract occurs due to a supervening event meaning the contract is no longer capable of performance. If frustration is found to have occurred, the contract is automatically terminated.

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Blog

High Court interprets meaning of indemnity for damage caused "prior to completion"

Published on 28 April 2020. By Neil Brown, Partner

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In a recent decision, the High Court has interpreted an indemnity for damage caused to assets "prior to completion" to be limited to damage caused in the period between signing and completion. This blog examines the reasoning for the court's decision, and the lessons that can be learned for transactional lawyers.

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Blog

Retailers: new government measures to provide further protection for tenants against aggressive rent collection.

Published on 27 April 2020. By Ben Taverner, Associate

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When the Coronavirus Act 2020 (the "Act") received royal assent on 25 March 2020, commercial tenants across the country were afforded some relief.

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Publication

Sports Ticker #11

Published on 27 April 2020. By Jeremy Drew, Partner and Joshua Charalambous, Senior Associate and Stuart Harris, Associate and Samuel Coppard, Associate

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Welcome to the latest edition of the RPC Sports Ticker - providing fortnightly bite-size updates from around the sports industry.

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Publication

COVID-19: The suspension of wrongful trading provisions and a moratorium for businesses in restructuring: what is the likely impact on Insurers?

27 April 2020

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On 28 March 2020 the Business Secretary announced further new far-reaching measures to help businesses combat the financial impact of COVID-19.

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Blog

RICS Guidance and Key Developments for Surveyors: #1 Changes to the RICS Minimum Terms

Published on 27 April 2020. By Alexandra Anderson, Partner and Katharine Cusack, Senior Associate

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In this series of articles, we will be addressing a number of the key risks and challenges that face surveyors and valuers in the current climate.

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Blog

Future Fund

Published on 24 April 2020. By Sukh Ahark, Partner and Lauren Murphy, Associate

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The Chancellor has announced the launch of a £500m co-investment fund for start-ups adversely impacted by the coronavirus. The 'Future Fund' operates through the government matching private sector money with state-backed loans that can convert into equity stakes in the start-up.

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Blog

Future Fund

Published on 24 April 2020. By Sukh Ahark, Partner and Lauren Murphy, Associate

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The Chancellor has announced the launch of a £500m co-investment fund for start-ups adversely impacted by the coronavirus. The 'Future Fund' operates through the government matching private sector money with state-backed loans that can convert into equity stakes in the start-up.

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Publication

International risk team: The Evolution of the Remedy of Avoidance

24 April 2020

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There used to be a side-splitting “joke” amongst the barrister authors of a particular insurance law textbook that its title ought to have been “How to Avoid”.

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Blog

The Financial Ombudsman Service's response to COVID-19

Published on 23 April 2020. By George Smith, Senior Associate and Laura Sponti, Paralegal

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A few weeks ago, the FOS announced it was closing its office in response to government guidance but was continuing to receive and respond to complaints both old and new. The FOS' latest newsletter offers useful further insight into the FOS' response to the current crisis.

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Blog

COVID-19 – Hong Kong Courts set for phased reopening from May

Published on 23 April 2020. By Jonathan Crompton, Partner and Sakshi Buttoo, Legal Manager

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On 22 April 2020, the Hong Kong Judiciary announced that the general adjourned period ("GAP") for court proceedings, which started on 29 January 2020, will end on 3 May 2020. Stressing that the health and safety of court users, the Judiciary's staff and Judges and Judicial Officers ("JJOs") remains paramount, the Judiciary will move to a phased reintroduction of general business.

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Blog

Judicial guidance on listing of hearings remotely

Published on 22 April 2020. By Rhian Howell, Partner and Aimee Talbot, Senior Associate

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Senior judges have issued guidance to the judiciary on listing hearings in light of the current coronavirus situation. This gives litigants some clues as to how the court will approach upcoming hearings.

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Publication

International Risk Team: Arbitration in the time of Coronavirus - should Tribunals suspend proceedings?

22 April 2020

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The global pandemic has caused many of the ‘normal’ facets of life to come to an abrupt standstill. The legal world is, of course, not immune to the effects of coronavirus and dispute resolution has been impacted.

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Blog

Zipvit – Supreme Court considers deduction of input VAT on supplies mistakenly treated as VAT exempt

Published on 22 April 2020. By Rebekka Sandwell, Associate

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In Zipvit Ltd v HMRC [2020] UKSC 15, the Supreme Court referred questions to the Court of Justice of the European Union (CJEU) regarding the correct interpretation of Article 168 of the Principal VAT Directive, in connection with the question of whether a recipient of postal services may deduct input VAT in relation to those supplies, where both parties and HMRC had mistakenly treated the supplies as exempt from VAT.

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Blog

Cyber Bytes - Issue 12

Published on 21 April 2020. By Richard Breavington, Partner and Christopher Ashton, Associate and Rachel Ford, Associate

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Welcome to Cyber_Bytes, our bi-weekly roundup of key developments in cyber, tech and evolving risks.

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Blog

What is covered by an indemnity for "liabilities"?

Published on 20 April 2020. By David Wallis, Partner

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This blog examines the recent Court of Appeal decision relating to the acquisition of Nottingham Forest FC and asks what type of liabilities is a seller liable for under a liabilities indemnity?

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Blog

Regulator urges lenders to carefully consider their responses to borrower's potential breaches of covenants owing to COVID-19

Published on 20 April 2020. By Sukh Ahark, Partner and Lauren Murphy, Associate

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The PRA stressed in a 'Dear CEO Letter' that lenders should be flexible with regards to the breaches of covenants that might occur because of COVID-19. The PRA stated that breaches may arise owing to temporary changes to a borrowers' reported earnings, suspension of business or changes to the audit report attached to financial statements.

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Blog

COVID-19: the supply chain

Published on 20 April 2020. By Paul Bagon, Partner and Tim Moynihan, Senior Associate and Vanessa Beazley, Associate

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Concerns regarding the strength of UK supply chains and the consequences which arise when links in the chain fail, are not new and were recently subject to significant scrutiny in the context of Brexit negotiations. But with COVID-19 causing a host of new problems for already stressed supply chains, what can businesses do to protect themselves?

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