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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 – 2.6 Challenge, Premier League furlough and #IsolationGames

Published on 27 April 2020. By Jeremy Drew, Head of IP and Technology 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

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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Publication

International Risk Team: Practical briefing - marine products

20 April 2020

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The impact of the current COVID environment (and its longer-lasting effects) on marine insurance products falls, we believe, into three categories.

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Blog

Out of Sight, Out of Mind

Published on 17 April 2020. By Poppy St John, Trainee Solicitor

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Is a 'right to disconnect' a productive workplace policy?

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Publication

A Review in Confidence: Modernising the Law of Breach of Confidence in Singapore

Published on 17 April 2020.

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The elements for a claim for breach of confidence were trite, having been established more than 50 years ago in the English case of Coco v. AN Clark (Engineers) Ltd (1) and affirmed in numerous Singapore decisions (2) .

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Publication

International risk team: The impact of COVID-19 on existing business interruption claims

16 April 2020

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The global spread of COVID-19 and its impact on a wide range of businesses is unprecedented in its speed and scale.

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Blog

COVID-19 – Now is not the time for businesses to be complacent

Published on 16 April 2020. By Adam Craggs, Partner and Alice Kemp, Associate (Employed Barrister)

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On 31 March 2020, the Crown Prosecution Service (CPS) and National Police Chiefs' Council (NPCC) issued guidance(1) on how investigators and prosecutors are proposing to tackle the issuing of new criminal proceedings during 'an unprecedented crisis for the Criminal Justice System in the UK.

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Blog

Give retailers a break, lawyers tell creditors

16 April 2020

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Lawyers have called for a break on winding-up petitions against retailers as they fail to pay creditors due to the outbreak. So far, retailers have been hit with 52 winding-up petitions since the beginning of the year, with the numbers accelerating since the coronavirus outbreak took hold, according to lawyers at RPC.

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Publication

Hong Kong Courts – In with the old and the new technology

Published on 15 April 2020. By Antony Sassi, Managing Partner, Asia and Jonathan Crompton, Partner and David Smyth, Senior Consultant

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In Re Cyberworks Audio Video Technology Ltd,(1) the High Court of Hong Kong decided that it can, as part of its case management powers and of its own volition, order that a directions hearing take place by means of a telephone conference without the physical presence in court of the parties or their legal representatives.

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Publication

Hong Kong courts begin use of video conferencing

Published on 15 April 2020. By Antony Sassi, Managing Partner, Asia and Carmel Green, Partner

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Given the extended general adjourned period (GAP), during which the courts in Hong Kong have been closed except for urgent and essential court business, the judiciary has adopted an incremental approach to the use of technology for remote hearings.

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Publication

Litigation in the time of Coronavirus (Hong Kong - Update)

Published on 15 April 2020. By Antony Sassi, Managing Partner, Asia and Jonathan Crompton, Partner and David Smyth, Senior Consultant

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The "General Adjourned Period" (GAP) during which the courts in Hong Kong have been closed, save for urgent and essential court business, has been extended to 13 April 2020.

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Blog

Back to the Future: a look ahead at medical malpractice issues for COVID-19-related claims

Published on 15 April 2020. By James Davies, Senior Associate

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Future issues for Insurers to consider in assessing COVID-19 medical malpractice / clinical negligence claims.

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Blog

Higgs – FTT lacks jurisdiction to disapply the PAYE Regulations

Published on 15 April 2020. By Constantine Christofi, Senior Associate

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In Philip Higgs and Others v HMRC [2020] UKFTT 117 (TC), the First-tier Tribunal (FTT) determined that it did not have jurisdiction to determine whether HMRC is entitled to exercise a discretion under section 684(7A), ITEPA, to disapply the PAYE Regulations.

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Publication

Hong Kong Court of Appeal hears appeal using video conferencing

Published on 15 April 2020. By Charles Allen, Partner and Carmel Green, Partner

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On 2 April 2020 the Chief Judge of the High Court issued a Guidance Note setting out the practice for remote hearings in the Court of First Instance of the High Court (but not the District Court) using the court's existing video conferencing facilities (VCF). Hard on its heels, on 6 April 2020 the Court of Appeal conducted a hearing by VCF in CSFK v. HWH [2020] HKCA 207.

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Blog

Signing documents during COVID-19 in Hong Kong

Published on 14 April 2020. By Jason Carmichael, Partner and Stephanie Northcott, Registered Foreign Lawyer

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This blog gives some practical advice on using electronic signatures in Hong Kong to sign documents during the Covid-19 restrictions, including where signatories and others are working from home without access to usual printing and scanning facilities.

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Blog

International risk team: To repair or not to repair

14 April 2020

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A universal truth for businesses in the grip of the current global pandemic is that “Cash is King”.

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Podcast

Mental health and wellbeing in the insurance industry

14 April 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 have Nick Bloy, Founder of Wellbeing Republic, and the topic of discussion will be mental health and wellbeing with a particular focus on the insurance industry. Nick talks about his career journey, starting as a lawyer before moving into a mental health and well being role.

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Blog

Disciplinary investigations against architects #4 - investigations panel stage

Published on 14 April 2020. By Sarah O'Callaghan, Associate

Further to our previous three articles which provided (1) an overview of the Architect Registration Board's disciplinary process and (2) a review of the complaints stage (3) the review stage, this article explains the next stage of a disciplinary investigation against an Architect: the investigations panel stage.

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Blog

Could I mitigate my losses by using my premises for other purposes?

Published on 14 April 2020. By Catherine Young, Associate

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With the inevitable impact of the coronavirus on retail businesses, many will be looking to mitigate their losses. One obvious way of doing this would be to use their premises, often their single largest overhead, for other uses. But is this possible and what must you consider?

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Blog

Could I mitigate my losses by using my premises for other purposes?

Published on 14 April 2020. By Catherine Young, Associate

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With the inevitable impact of the coronavirus on retail businesses, many will be looking to mitigate their losses. One obvious way of doing this would be to use their premises, often their single largest overhead, for other uses. But is this possible and what must you consider?

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Blog

COVID-19 HK: Employment Update

Published on 14 April 2020. By Jason Carmichael, Partner and Beverly Yee, Senior Associate

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As the COVID-19 pandemic continues, it is anticipated that more and more businesses will need to make plans for cost-cutting measures.

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Blog

Cyber_Bytes - Issue 10

Published on 10 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

COVID-19: Good news on wrongful trading provisions but why should directors tread carefully?

Published on 09 April 2020. By Tim Moynihan, Senior Associate

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The Government has launched a number of initiatives to assist companies and businesses to trade through the current financial stress. But what should directors still be aware of as they steer their organisations through these unprecedented times?

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Blog

COVID-19 prompts changes to working arrangements for the Court of Justice of the European Union

Published on 09 April 2020. By Louise Morgan, Senior Associate and Alessandro Cerri, Associate

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Prompted by the COVID-19 pandemic, the CJEU announced, on 19 March 2020, that it will be temporarily changing its working arrangements.

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Blog

COVID-19: Your workforce – furloughing - act to mitigate the risk of exposure to tax evasion offences as scheme could be open to abuse

Published on 09 April 2020. By Alice Kemp, Associate (Employed Barrister)

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Jim Harra, Chief Executive at HMRC, has informed a Treasury Committee meeting that he expects the government's multi-billion pound employee furlough scheme to be targeted by criminals seeking to exploit the £60 billion pledged in Chancellor Rishi Sunak's unprecedented Coronavirus protection package.

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Blog

COVID-19: Your workforce – furloughing - act to mitigate the risk of exposure to tax evasion offences as scheme could be open to abuse

Published on 09 April 2020. By Alice Kemp, Associate (Employed Barrister)

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Jim Harra, Chief Executive at HMRC, has informed a Treasury Committee meeting that he expects the government's multi-billion pound employee furlough scheme to be targeted by criminals seeking to exploit the £60 billion pledged in Chancellor Rishi Sunak's unprecedented Coronavirus protection package.

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Blog

COVID-19: Trials - the show must go on

Published on 09 April 2020. By Alexandra Anderson, Partner

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Judges are taking to heart the HMCTS's guidance focused on encouraging judges to maximise the use of video and telephone hearings using current technology. So, while the theatres in the UK remain closed, the theatres of justice continue with their activities.

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Blog

COVID-19: Trials - the show must go on

Published on 09 April 2020. By Alexandra Anderson, Partner

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Judges are taking to heart the HMCTS's guidance focused on encouraging judges to maximise the use of video and telephone hearings using current technology. So, while the theatres in the UK remain closed, the theatres of justice continue with their activities.

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Publication

“Tech, lies and video-conferencing”: The Court’s implementation of remote hearings

09 April 2020

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Perhaps very few legal practitioners would have thought that an establishment so rooted in 19th century custom and tradition would be so willing to adopt comparatively modern means of navigating the logistical challenges brought about by the COVID-19 pandemic.

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Blog

The new Coronavirus Large Business Interruption Loan Scheme

Published on 09 April 2020. By Sukh Ahark, Partner and Lauren Murphy, Associate

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The Coronavirus Large Business Interruption Loan Scheme (CLBILS) is designed to allow larger businesses to access emergency funding and to give banks the confidence to lend to many more businesses which are impacted by coronavirus.

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Blog

COVID-19 and tax residence

Published on 09 April 2020. By Ben Roberts, Partner

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This blog considers the potential risks posed by the COVID-19 pandemic to maintaining offshore tax structures.

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