Lester Aldridge https://www.lesteraldridge.com Advising businesses and individuals on an international scale. Thu, 02 Apr 2020 15:08:24 +0000 en-GB hourly 1 https://www.lesteraldridge.com/app/uploads/2019/05/cropped-la-favicon-32x32.png Lester Aldridge https://www.lesteraldridge.com 32 32 Package Holidays: Your Cancellation Rights and the Impact of COVID-19 https://www.lesteraldridge.com/blog/covid-19-news/package-holidays-your-cancellation-rights-and-the-impact-of-covid-19/ Thu, 02 Apr 2020 13:00:05 +0000 https://www.lesteraldridge.com/?p=9861 In light of the recent Foreign and Commonwealth Office (“FCO”) announcement that advises British people against all non-essential travel worldwide until at least 15 April 2020, many flights have been cancelled and hotels have been closed. Those who had booked to go on package holidays during this time period may be wondering what rights they … Continued

The post Package Holidays: Your Cancellation Rights and the Impact of COVID-19 appeared first on Lester Aldridge.

]]>
In light of the recent Foreign and Commonwealth Office (“FCO”) announcement that advises British people against all non-essential travel worldwide until at least 15 April 2020, many flights have been cancelled and hotels have been closed.

Those who had booked to go on package holidays during this time period may be wondering what rights they have to cancel their holiday or if their holiday has been cancelled by their provider. Likewise, people may wish to know what rights, if any, they have to cancel package holidays after this date.

What are your general rights to cancel a package holiday?

A package holiday is where you have booked at least two different parts of your holiday with the same company at the same time for a single price. It is worth noting that the trip must also be for longer than 24 hours or include an overnight stay. A package holiday can be made up from a combination of at least two of the following: flights, accommodation, rental of cars and motor vehicles, train/coach tickets or any other tourist service that is not intrinsically part of the traveller’s accommodation or transportation. However, to rely on the latter the tourist service must be 25% or more of the value of the package or was advertised as an essential feature of the combination. For example, excursions or rental of sports equipment.

Unless otherwise specified, the Package Travel and Linked Travel Arrangements Regulations 2018 (“the Regulations”) are implied into each combination of such package holiday contracts. The Regulations grant travellers important rights in relation to cancellation of package holidays by either the traveller or the holiday provider. They are also implied into link travel arrangements. This is where the traveller purchases a minimum of two different types of travel services with different travel providers. Protection for such holidays under the Regulations is significantly lower than that of a package holiday.

Under the Regulations, travellers can terminate the package travel contract at any time before the start of the package. However, travellers may be subject to pay an appropriate and justifiable termination fee to the airline/travel agent if they cannot prove cancellation was necessary due to unavoidable and extraordinary circumstances. Unavoidable and extraordinary circumstances include warfare, terrorism, significant risks to human health such as the outbreak of a serious disease at the travel destination, or natural disasters such as floods or earthquakes. It appears that the COVID-19 pandemic could fall under this definition, however, currently this is unclear and so it may be that holiday companies take the view that the termination fee will have to be paid by the cancelling traveller.

The holiday provider can also terminate the package travel contract but must provide a full refund of any payment made by the traveller before the commencement of the holiday. However, the holiday provider will not be liable for any additional compensation for any disruption or additional losses caused by the cancellation.

The Regulations also provide that refunds must be made to the traveller within 14 days after the travel contract is terminated.

It is therefore important to ensure you read the details of your package holiday contract to see if the Regulations apply and whether or not you can rely on them.

What if I booked a holiday for a date up until 15 April 2020 and the Regulations do not apply?

For holidays which do not include the Regulations and are booked for a date up until 15 April 2020, travellers should be able to claim a refund from their holiday provider or rebook the holiday for a later date. This is because of the FCO and government advice in place, which all holiday providers must follow due to the COVID-19 outbreak.

As a result of this advice, all travellers are entitled to either a refund or the option to rebook their holiday for a later date (for further information on this point please click here). This is because during this time no non-essential travel in or out of the UK should take place.

What if I booked a holiday for a date after 15 April 2020 and the Regulations do not apply?

For holidays booked after 15 April 2020 and that do not imply the Regulations, travellers may have difficulties recovering their money at this stage. This is because the current FCO warning only applies until 15 April 2020, meaning holiday providers have no obligation to refund travellers beyond this date for cancelling their holiday as it may well still go ahead. It is therefore advisable to wait until nearer the time of the holiday to see whether the FCO advice changes. This can be checked here.

You may also wish to read your travel contract to see what policy your holiday provider has in place, should you wish to cancel your holiday. It may be that you can rebook your holiday for a later date or attempt to recover the money paid for the holiday through your credit/debit card provider on the basis you have paid for a service that you will no longer receive. You will need to discuss this possibility directly with your bank. This option should however be used as a last resort.

It is also worth knowing whether or not your holiday is ‘ATOL or ABTA protected’. ATOL cover means that if the ATOL protected holiday provider fails and your holiday can no longer go ahead you will be entitled to a full refund if you are yet to travel, or hotel costs and flights home if you are abroad. This protection only applies to holidays which include flights and a hotel and for flights that are not booked directly with the airline.

ABTA protection applies to holidays that do not include flights, such as cruise holidays, coach or rail. Like ATOL cover, ABTA protection means you will be entitled to a full refund if your holiday does not go ahead and any hotel costs or transport home if you are already abroad. ATOL and ABTA therefore provide additional protection should you decide or only be given the option to reschedule your holiday to a later date and the holiday provider collapses.

Can I rely on my travel insurance to recover my money?

If you have already bought travel insurance for your package holiday, you may be able to make a claim for the money you spent on your holiday on your insurance. However, it may be worth noting that the Association of British Insurers have said that ‘travel insurance is for unforeseen circumstances and coronavirus no longer met that criteria.’ This may therefore impact your ability to make a successful claim on your insurance.

However, this will ultimately depend on whether an FCO warning is in place for the date of your holiday and the terms of your insurance contract. You will therefore need to read your insurance policy carefully.

A further update on this topic will be published in due course as guidance and advice is published by the relevant regulating bodies.

To discuss any problems you are experiencing with cancelled holidays, please contact our experienced dispute resolution & commercial litigation solicitors on 01202 786340 or email online.enquiries@la-law.com.

The post Package Holidays: Your Cancellation Rights and the Impact of COVID-19 appeared first on Lester Aldridge.

]]>
Data Protection: Is an Employer Liable? https://www.lesteraldridge.com/blog/corporate-commercial/data-protection-is-an-employer-liable/ Thu, 02 Apr 2020 12:45:52 +0000 https://www.lesteraldridge.com/?p=9868 It has been a significant concern for employers since 2016 when the Court of Appeal held that the supermarket chain Morrisons was liable to employees whose personal details had been published on the internet by an employee with a grudge against the company. Mr Skelton was a senior auditor in Morrison’s internal audit team. Morrison’s … Continued

The post Data Protection: Is an Employer Liable? appeared first on Lester Aldridge.

]]>
It has been a significant concern for employers since 2016 when the Court of Appeal held that the supermarket chain Morrisons was liable to employees whose personal details had been published on the internet by an employee with a grudge against the company.

Mr Skelton was a senior auditor in Morrison’s internal audit team. Morrison’s external auditors requested a copy of the payroll and Skelton was instructed to collate the data and send it to the auditors. However, Skelton had a longstanding grudge against Morrisons, arising from a minor disciplinary matter. He copied the data and, using software that disguises the identity of a computer that has accessed the internet and an untraceable pay as you go phone, published the personal data of 98,998 employees on the day that Morrisons’ annual results were announced.

Morrisons acted quickly, the information was removed within a matter of hours and they took identity protection measures for the employees. Nevertheless, a number of employees made a claim against Morrisons for the disclosure of their personal data on the basis that it was liable for Skelton’s actions.

Were Morrisons liable?

The judge at first instance and the Court of Appeal found in favour of the claimants. Morrisons had given Skelton the data in the course of his employment and what happened all flowed from that, in “a seamless and continuous sequence of events….an unbroken chain”.

Morrisons appealed to the Supreme Court, which delivered judgement yesterday. The Court held that Morrisons was not liable for Skelton’s actions:

  • The fact that Skelton’s employment gave him the opportunity to commit the wrongful act was not sufficient to make Morrison’s liable.
  • The test to be applied is whether the employee’s disclosure of the data was so closely connected with the acts that he was instructed to do – the provision of the data to the auditors – that the wrongful disclosure could fairly and properly be regarded as something done by him in the ordinary course of his employment.
  • There was no sufficient connection between what Skelton was instructed to do and what he subsequently did, the publication of the data on the internet. In the words of a 19th century case, he was “on a frolic of his own” or, in the more moderate language of the 21st century, an independent venture.
  • Another way to look at the question is whether the employee was engaged, however misguidedly or wrongly, in furthering his employer’s business or whether he was engaged solely in pursuing his own interests.

The judgment will be a relief to employers but there is a sting in the tail.

Morrisons argued that the liability imposed on an employer as a data controller by the Data Protection Act 1988 (and now the Data Protection act 2018) impliedly excludes vicarious liability for the acts of an employee. If the employer as data controller has taken all the steps required of it under the act to protect the data, the employer would not be responsible for the acts of the employee.

The Court rejected the argument. The DPA is silent on the question and the principle of vicarious liability remains. It follows that if an employee, acting within the scope of their employment but misguidedly or wrongly, breaches the Data Protection Act 2018, the employer as the data controller can still be held liable.

If you would like more information, please contact our data protection solicitors by emailing online.enquiries@la-law.com or calling 01202 786138.

The post Data Protection: Is an Employer Liable? appeared first on Lester Aldridge.

]]>
The Coronavirus Act 2020: An Update on Local Authority & NHS Funded Care https://www.lesteraldridge.com/blog/covid-19-news/the-coronavirus-act-2020-an-update-on-local-authority-nhs-funded-care/ Thu, 02 Apr 2020 09:08:59 +0000 https://www.lesteraldridge.com/?p=9856 Last week, we reported on the unprecedented changes the Coronavirus Act 2020 was set to make to accessing Local Authority & NHS funded care. Click here to access the full article, which provides a comprehensive explanation of these changes. Late on Tuesday, the Coronavirus Regulations Act 2020 (Commencement No 2) Regulations 2020 (the Regulations) and … Continued

The post The Coronavirus Act 2020: An Update on Local Authority & NHS Funded Care appeared first on Lester Aldridge.

]]>
Last week, we reported on the unprecedented changes the Coronavirus Act 2020 was set to make to accessing Local Authority & NHS funded care.

Click here to access the full article, which provides a comprehensive explanation of these changes.

Late on Tuesday, the Coronavirus Regulations Act 2020 (Commencement No 2) Regulations 2020 (the Regulations) and Care Act Easements Guidance for Local Authorities (the Guidance), we had been anxiously awaiting, were published. It is these Regulations and Guidance which give effect to the Coronavirus Act 2020 changes in relation to the Care Act obligations of Local Authorities.

The provisions will remain in force until such time as the Secretary of State decides they are no longer necessary.

What do the Regulations and Guidance say? Do they answer any of the unanswered questions? How will this impact those seeking to access Local Authority & NHS funded care? What does this mean for care providers?

The Regulations

The Regulations are brief. Much of the relevant detail is contained within the Coronavirus Act 2020 itself, the new Guidance, and the Hospital Discharge Guidance published previously.

Regulation 2 provides that Section 15 of the Coronavirus Act 2020 (relating to Local Authority care and support), and Part 1, Schedule 12 (which details the changes to the duties and powers of Local Authorities in England) come into force with effect on 31 March 2020.

What does this mean?

All this means is that the changes we explained in our recent article are legally effective (i.e. they are law) with effect from 31 March 2020.

Are all the pre-amendment Care Act 2014 duties suspended with immediate effect?

No. Local Authorities cannot simply decide that with effect from 31 March 2020 they will no longer comply with the Care Act 2014 statutory duties we are all so familiar with.

The Guidance makes it explicitly clear that the expectation is for Local Authorities to continue operating on the basis of business as usual (including the usual Care Act obligations) until such time as the criteria or threshold for initiating the process to operate under the so-called ‘easement’ provisions is met.

The Guidance

The Guidance answers some of the questions we have flagged previously, but unfortunately, many still remain unanswered.

What is clear at first glance is that the Guidance is very much designed to afford Local Authorities discretion. It is very much the case that Local Authorities are expected to follow the process set out in the Guidance for initiating operation of the easement provisions in response to changes in local resources and to ensure they can meet local needs.

This is, of course, a significant departure from what we all know and love because the Care Act 2014 very much provides a national set of duties and processes for all adult social care teams to implement. It will undoubtedly lead to variations of approach by Local Authorities around the country.

What does the phrase ‘easement provisions’ mean?

The Department for Health & Social Care has opted to use the phrase ‘easement provisions’ to describe the process and powers available to a Local Authority to deviate from the usual Care Act 2014 processes.

The Guidance is clear, however, that:

 “Local Authorities should do everything they can to continue meeting their existing duties prior to the Coronavirus Act 2020 coming into force

In relation to the easement provisions, the Guidance states: “They are time-limited and are therefore to be used as narrowly as possible”.

What is the threshold for when a Local Authority can instigate using the easement provisions to relax the specified Care Act 2014 obligations?

The Guidance does not explicitly provide for a threshold as such, however, it states:

A Local Authority should only take a decision to begin exercising the easements to the Care Act 2014 provisions when the workforce is significantly depleted, or demand on social care increased, to an extent that it is no longer reasonably practicable for it to comply with its Care Act duties (as they stand prior to the Coronavirus Act 2020) and where to continue to do so is likely to result in urgent or acute needs not being met, potentially risking life. Any change resulting from such a decision should be proportionate to the circumstances in a particular Local Authority”.

Evidently, the intention is that business as usual should be maintained for as long as is reasonably possible.

What is the process for a Local Authority to decide easement provisions are required?

Once a Local Authority reaches a situation where the circumstances fall within the above description, the decision to operate the easement provisions must be taken locally and agreed by the Director of Adult Social Services in conjunction with the Principal Social Worker.

The Health & Wellbeing Board should be kept informed and a discussion should take place with local NHS bodies.

All of this should be documented in a record of the decision which references the evidence that was taken into account.

The decision should be communicated to all providers, service users and carers.

What factors should be taken into account when a Local Authority decides to instigate the easement provisions?

The Guidance suggests the written record of the decision should include reference to the following factors:

  • The nature of the changes to demand or the workforce.
  • The steps that have been taken to mitigate against the need for this to happen.
  • The expected impact of the measures taken.
  • How the changes will help to avoid breaches of human rights at a population level.
  • The individuals involved in the decision-making process.
  • The points at which this decision will be reviewed again.

Once a Local Authority has taken the decision to operate under the easement provisions, what are the key changes to existing statutory duties under the Care Act 2014?

Changes include, but are not limited to:

  • The duty to meet a person’s assessed needs, where a needs assessment has determined that an adult meets the eligibility criteria, is suspended.
  • Instead, the Local Authority will have a power, not a duty, to meet needs unless a failure to meet care and support needs would breach the individual’s human rights.
  • The duty to complete a full assessment of a person’s eligible care needs and to prepare a care and support plan is also suspended.
  • Instead, the Guidance suggests that Local Authorities will be expected to “make an assessment of needs”, involving the individual and family members, in order to inform care planning with providers. A professional record of this should be kept. It seems this light-touch assessment is unlikely to assess a person’s needs in the level of detail that would ordinarily be expected. It is questionable, however, whether this watered down version is really going to save the time required to help prioritise meeting needs.
  • Needs assessments and decisions as to what care and support an individual may require are expected to be made in a proportionate manner, based on evidence, with reference to the Ethical Framework for Adult Social Care. As the Ethical Framework sets out broad-brush general principles Local Authorities are likely to have a huge amount of discretion in any decision-making if acting under the easement provisions.
  • Local Authorities are not required to charge for care provided during the emergency period. If they wish to charge, they are required to complete a financial assessment in accordance with existing principles before charges are raised.
  • A Local Authority may still complete a ‘light touch assessment’ if it chooses. This means that, in some circumstances, a Local Authority may choose to treat a person as if a financial assessment had been carried out. In order to do so, the local authority must be satisfied on the basis of evidence provided by the person that they can afford, and will continue to be able to afford, any charges due. The Local Authority may take this approach where a service user clearly has assets above the financial threshold. The Guidance suggests that Local Authorities may wish to conduct more of these types of financial assessment where doing so helps the prioritisation of timely care and support and mitigates capacity pressures. It also proposes that, where appropriate/helpful, Local Authorities can use Department of Work and Pensions data as a quick standard assessment and follow up at a later date to look into private pensions, capital or other finances.
  • Where a Local Authority does not conduct a financial assessment at the outset commencement of a package, it may do so at any time during the emergency period or within a reasonable time after the emergency period. Where a financial assessment is undertaken later, there a power to charge retrospectively for the services provided, however at this stage there is very little guidance as to how retrospective charging is going to operate in practice. For example whether a person’s financial resources are likely to be assessed as they stood at the time care was commissioned, or as of the date of the assessment. Local Authorities should make people aware at the commencement of the package that they may be assessed retrospectively and may need to pay back the cost of their care, they should also help people understand what those costs may be.
  • In the context of Hospital Discharge, the usual rules relating to a choice of accommodation will not apply.
  • Reviews are suspended. If, however, a Local Authority decides to embark on a review of an existing package, they must involve the individual, family members, and an advocate, and follow a process before a decision is made.
  • Duties relating to transition are suspended.

In addition, there are changes to NHS funded care and the Hospital Discharge process.

The Ethical Framework for Adult Social Care

The recently published framework identifies the following important values and principles:

  • Respect.
  • Reasonableness.
  • Minimising harm.
  • Inclusiveness.
  • Accountability.
  • Flexibility.
  • Proportionality.
  • Community.

The guidance suggests that decision-making should be guided by these values and principles.

How will a Local Authority decide if a failure to meet care and support needs would breach a person’s human rights?

To determine this, Local Authorities should have regard to the European Convention on Human Rights.

Convention rights which are likely to be of relevance include: Article 2 (the right to life), Article 3 (right to freedom from inhumane and degrading treatment) and Article 8 (right to private and family life).

There is no guidance within the Coronavirus Act 2020, the Regulations or the new Guidance as to how social workers on the front line are expected to make an assessment of whether a failure to meet need is likely to breach human rights.

In theory, these rights could be breached by failing to provide services such as adequate toileting facilities, access to fresh food, water and hearting, or access to assistance with personal care.

To demonstrate this would require evidence in the form of an assessment which shows what a person needs to keep them safe, and what the reasonably foreseeable consequences, in particular on their physical health and psychological well-being, of not providing or withdrawing support may be.

Whilst existing case law suggests the threshold for establishing a breach of human rights is quite high, the government-imposed lockdown restricting liberty may impact how the courts are likely to interpret breaches of human rights in this context.

As the law relating to human rights is complex it is difficult to see how social workers and Local Authorities will have the knowledge required to make complicated judgements of this nature. With no real guidance, it is difficult to see how this caveat is going to safeguard those seeking to access social care in a meaningful way.

If an assessment determines care and support should be provided when a Local Authority is acting under the easement provisions, how long is the decision binding for?

Until such time as the Local Authority believes it is no longer necessary to meet those needs, at which time alternative arrangements will need to be agreed.

It is essential, therefore, to stress that any decisions taken by a Local Authority operating under the easement provisions may not be binding in the future.

Can the Local Authority’s decision following the assessment be challenged?

Yes. Local Authorities are required to ensure that there is a clear and transparent pathway for people with care and support needs, carers and providers to quickly raise concerns should they believe either the decision to meet or not meet needs, or the care package, is in breach of the European Convention on Human Rights. This will, again, be a local procedure and so it will be a case of checking with the responsible Local Authority.

At the very least, complaints procedures can be utilised.

It is worth pointing out that any decision taken to invoke the easement provisions locally, to meet or not meet a person’s needs, or to review and make changes to any existing packages of care, must be made in accordance with general public law duties. These are not suspended and so any decision taken under the Act must comply with human rights obligations, and must be lawful, rational and fair.

The duty to promote an individual’s well-being remains effective. Indeed the Guidance makes it clear that “care planning should be person-led, person-centred and proportionate to the complexity of the individual need”.

Obligations under the Equality Act 2020 to make reasonable adjustments, prevent direct or indirect discrimination against protected characteristics, and to comply with the public sector equality duty also remain in force.

Will care providers be provided with information to allow them to make a decision as to whether they can meet a person’s care needs?

Yes. The Guidance makes it clear that sufficient information should be provided to potential providers to allow them to make an informed decision as to whether to they can meet a person’s care needs and if they agree, to enable a care plan to be developed in consultation with the person and their family.

It is not the case that during the emergency period providers can be expected or forced to take anyone referred to them.

Is the individual, their family or representative entitled to a copy of the assessment?

Yes. There is a clear expectation that this information should be shared with individuals and families.

The Guidance suggests that any assessment of social care needs should be sufficient to evidence their decision, demonstrate their professional judgement and apply the Ethical Framework for Adult Social Care.

Is there a criteria in the Guidance for how Local Authorities are expected to prioritise needs?

No. There is no specific criteria or decision-making tool. Instead the Guidance suggests that Local Authorities should use the Ethical Framework for Adult Social Care to exercise professional judgement and agree locally agreed processes.

The Guidance does, however, suggest that Local Authorities may want to ‘RAG’ rate their packages and have them split between high, moderate and low. Under this model, in the first instance Local Authorities would prioritise meeting the needs of those care packages which are rated as high and moderate.

Safeguarding

There have been no changed to the duty of Local Authorities in relation to safeguarding. In particular, Section 42 of the Care Act remains in force. The Guidance states “It is vital that Local Authorities continue to offer the same level of safeguarding oversight and application of Section 42. However, it is also important that safeguarding teams are proportionate in their responses and mindful of the pressure social care providers are likely to be under”.

The Government also recognises that safeguarding concerns and referrals may increase during the Covid-19 outbreak, with more people receiving support and support needs changing, which may prompt concerns. The Guidance confirms that safeguarding alerts should continue to be made in the usual way and that Local Authorities, social care providers, the health voluntary sector and our communities must continue work to prevent and reduce the risk of harm to people with care and support needs, including those affected by Covid-19.

The Guidance emphasises that the immediate safety of the adult at risk and their carers must always be prioritised but there may be a need to prioritise responses to safeguarding concerns. The Guidance states that Principal Social Workers must work with their safeguarding leads to review any local policies or procedures that may be unduly time consuming or place an undue burden on care providers during this time. For example, it suggests that Local Authorities may make changes to those local processes and timescales that are not mandated by legislation. In addition, Principal Social Workers should reassure themselves that Section 42 decision making is proportionate and that safeguarding teams are actively communicating with partners. Any such decisions will need to be agreed by the Director of Adult Social Services.

The Guidance also reminds providers that they must ensure that staff, including volunteers, are trained in recognising the signs and symptoms of abuse or neglect, how to respond, and where to go for advice and assistance.

Conclusion

In some ways, the Regulations and Guidance are helpful because they clarify that Local Authorities are expected to continue to operate on a ‘business as usual’ basis until the workforce and resources are significantly depleted. There is also a process to be followed before the so-called ‘easement provisions’ can be initiated. It is also clear that even once the ‘easement provisions’ have been triggered, the expectation is that Local Authorities should as far is as reasonably possible try to abide by existing Care Act 2014 duties.

The problem, however, is the Guidance leaves many questions unanswered. Individuals, families, and care providers are left at the mercy of local decision-making and local policies which it seems are to be devised on the basis of broad-brush general principles. For anyone with concerns, seek legal advice.

If you have any questions about this article, or need any advice, please contact our community care solicitors or healthcare solicitors today. Get in touch by emailing online.enquiries@la-law.com or calling 023 8082 7483.

The post The Coronavirus Act 2020: An Update on Local Authority & NHS Funded Care appeared first on Lester Aldridge.

]]>
Should I Make My Own Will During COVID-19? https://www.lesteraldridge.com/blog/covid-19-news/should-i-make-my-own-will-during-covid-19/ Wed, 01 Apr 2020 09:51:13 +0000 https://www.lesteraldridge.com/?p=9824 In these unprecedented times, businesses are having to adapt the way they work. At Lester Aldridge, we are open for business and able to assist our clients – existing clients and new clients. We are fortunate to have the IT capabilities to work from home and continue to offer the same high level of service … Continued

The post Should I Make My Own Will During COVID-19? appeared first on Lester Aldridge.

]]>
In these unprecedented times, businesses are having to adapt the way they work. At Lester Aldridge, we are open for business and able to assist our clients – existing clients and new clients. We are fortunate to have the IT capabilities to work from home and continue to offer the same high level of service to our clients.

The only difference is that we can no longer offer face to face meetings. Instead, our Will solicitors are able to “meet” with our clients via Skype, Zoom or Whatsapp! If someone does not have internet access then we will look for other solutions, but always ensure that everyone involved can remain safe.

More than ever, people are giving their Wills thought and turning to homemade Wills or online Wills in the circumstances. Please bear in mind that there is no real substitution for obtaining legal advice and having a professionally prepared Will.

Whilst there is a cost associated with this, our Will solicitors are able to advise you on any issues that there may be, given your personal circumstances or level and nature of your assets. We can advise you on the feasibility of your intentions and provide you with tax efficient and effective options for providing for your loved ones. Our private client solicitors are able to ensure that all matters have been considered and addressed to avoid problems that homemade Wills do not consider.

There are also strict requirements for a valid Will. Although homemade and online Will packages come with some guidance, they cannot ensure that the wording gives effect to your wishes and that the Will is valid.

At Lester Aldridge, we can take the uncertainty out of the equation. We know the right questions to ask, the advice to give and we have the expertise to prepare a Will that is suitable for your needs ultimately, does what you want it to do.

The members of our team that can assist with Will advice and preparation, are all very experienced and full members of the Society of Trust and Estate Practitioners. We are also able to help with Lasting Powers of Attorney, tax and estate planning and trust and estate administration. Get in touch with our Will solicitors by emailing online.enquiries@la-law.com or calling 01202 786267.

The post Should I Make My Own Will During COVID-19? appeared first on Lester Aldridge.

]]>
COVID-19: Logistics and Trade Contracts With Chinese Companies https://www.lesteraldridge.com/blog/covid-19-news/covid-19-logistics-and-trade-contracts-with-chinese-companies/ Wed, 01 Apr 2020 09:30:33 +0000 https://www.lesteraldridge.com/?p=9820 Chinese manufacturers, exporters and freight forwarders are slowly returning to their plants and offices after a long period of quarantine. Anybody who deals with Chinese entities will have noticed a recent increase in emails from logistics companies and manufacturers offering services and products. As many markets are still in lockdown to a greater or lesser, … Continued

The post COVID-19: Logistics and Trade Contracts With Chinese Companies appeared first on Lester Aldridge.

]]>
Chinese manufacturers, exporters and freight forwarders are slowly returning to their plants and offices after a long period of quarantine. Anybody who deals with Chinese entities will have noticed a recent increase in emails from logistics companies and manufacturers offering services and products.

As many markets are still in lockdown to a greater or lesser, the ying and yang of trade means that Chinese manufacturers and shippers will be concerned by credit lines provided to businesses in those countries currently under lockdown. Demands for payment for goods which were provided late last year or earlier this year are likely to be presented and credit lines withdrawn. This issue will affect all parts of the global logistics chain as countries come out of the quarantine restrictions, as the virus dissipates.

Many companies will be facing challenges caused by not being able to move stock as a result of the current restrictions from the various governments, which have been imported on the basis of a credit line. At the same time, they will be eyeing the future where they may well need those credit lines to get business moving once again.

Agreements for the supply and importation of goods as well as the terms on which credit are provided in these situations, are often not properly documented. Credit lines can tend to evolve over a period of time, particularly when manufacturers begin to work closely with a distributor or agent in another country. That issue also affects the freight forwarding chains where business is done over a period of time. It is often a problem with shipments or a situation like the current coronavirus shutdown, which results in parties scrambling to put together the jigsaw puzzle of exchanges which evidence the contract terms and the credit line agreement. These cross border contract can raise their own particular set of issues.

A typical scenario:-

A supplier in China has provided goods to us over many years on credit. The supplier is now demanding payments of all outstanding amounts and is wanting us to sell the goods in our possession but there is no market for them at the moment. What can my supplier do and what steps can they take against us if we are unable to pay?

  • The supplier will need to produce details of the underlying contract as well as the credit lines. In many cases there may be no written contract terms. If there are no written terms and conditions then legal issues like force majeure and a frustration of the contract might not apply.
  • What can the supplier do? He can threaten legal action but realistically they would need to issue legal proceedings in China or the UK ( or elsewhere). In December 2019, the Chinese press reported that a policy document had been produced by The Hangzhou Internet Court in China’s Eastern Zhenjiang province encouraging digitization, cyberspace technologies like blockchain and cloud computing in China’s Supreme Court. The Chinese Courts currently have a way to go before that happens.
  • The supplier would need to prove the law of the contract as well as the court (or arbitration system). At the moment the ability to serve legal proceedings issued in China against a company based in the UK is complex and can take many months. Enforcing a judgement in England obtained from the Chinese Court is also not straightforward.
  • If the parties have had a discussion about the law and jurisdiction which should be used to have disputes decided and the parties have chosen English Law and the English Courts,then the English Court are still open for business. Much court work is down by using emails and c-e filing and the courts are currently preparing for trials being conducted without the need to physically attend the court. It would be possible to issue legal proceedings in England against a party owing money to a Chinese company.
  • If there is a written arbitration agreement, there is a reciprocal arrangement under the New York Convention to recognise and enforce arbitration awards but in reality it is unusual to find a Chinese Law and arbitration clause in commercial documents. If a party has agreed in writing to an English law and arbitration clause, then it is extremely easy to commence arbitration proceedings and the system is operating as normal as the vast majority of arbitration are conducted by email in any event.
  • Even when a Judgement or arbitration award might be obtained – the supplier will face additional issues. The UK Government announced this week that the insolvency rules were being changed so as to make it much more difficult for a creditor to put a company into winding up. Once that announcement is put into operation it will effectively remove that weapon temporarily from a creditors armourery.

There may be significant issues with Chinese companies trying to recover debt in the current circumstances for a number of reasons, This produces fertile ground for negotiation in order to try and reach a compromise, when a debt demand is made.

If you would like more information, please get in touch with our shipping solicitors by emailing online.enquiries@la-law.com or calling 023 8082 7416.

The post COVID-19: Logistics and Trade Contracts With Chinese Companies appeared first on Lester Aldridge.

]]>
Lasting Powers of Attorney https://www.lesteraldridge.com/blog/covid-19-news/lasting-powers-of-attorney/ Mon, 30 Mar 2020 17:20:44 +0000 https://www.lesteraldridge.com/?p=9752 These are anxious times for all, with worries about our finances and our health. We are also concerned about our loved ones, some of whom may be vulnerable and require our support. Our Lasting Power of Attorney solicitors can help you plan for challenges you may be facing now or in the future. It is … Continued

The post Lasting Powers of Attorney appeared first on Lester Aldridge.

]]>
These are anxious times for all, with worries about our finances and our health. We are also concerned about our loved ones, some of whom may be vulnerable and require our support. Our Lasting Power of Attorney solicitors can help you plan for challenges you may be facing now or in the future.

It is important to consider who will make and deal with important decisions on your behalf if you lose the ability to do so yourself. This could include managing your finances and making decisions about your health, care or welfare. You can put these safeguards in place by making a Lasting Power of Attorney (LPA).

What is a Lasting Power of Attorney?

An LPA is a legal document that lets you select one or more people (called attorneys) to help you make decisions regarding your property and financial affairs or health and welfare. This means that you have more control over what happens to you if you cannot make decisions for yourself, such as following an accident or illness.

If you have not made an LPA and lose the mental capacity to manage your affairs, it may be necessary for the Court of Protection to appoint a deputy to make decisions in your best interests. This involves greater formality and expense.

There are two types of lasting power of attorney: one to deal with your property and financial affairs and another to cover decisions regarding your health & welfare. We can discuss with you over the telephone, or via Skype, Zoom or WhatsApp your wishes regarding appointing attorneys and to recommend the best type of power of attorney for your requirements.

Once appointed, your attorneys can assist you with the management of your finances. This may be particularly helpful for those who find themselves not being able to leave the house due to the risk of infection. By contrast, your health and welfare attorneys can only make decisions on your behalf if you do not have the necessary mental capacity to make those decisions yourself. Any decision your attorneys make must be in your best interests.

Once signed, an LPA should be registered with the Office of the Public Guardian so that it is ready for use when required. Although the Office of the Public Guardian will be making efforts to adhere to the usual timescale for registration (approximately 8 weeks) during the COVID-19 crisis, it is possible that there will be further delays due to staff shortages.

Our private client solicitors therefore recommend making an ordinary power of attorney, which can be used for financial decisions. This is a much shorter document that gives your attorneys power to deal with your finances. It does not require registration at the Office of the Public Guardian, and therefore can be used immediately. It is important to still consider making LPAs as an ordinary power of attorney cannot be used if you lose capacity to deal with your affairs.

At Lester Aldridge, in order to support our clients during this difficult time, our LPA solicitors will prepare an ordinary power of attorney relating to your finances free of charge if you instruct us to prepare a property and financial affairs LPA for you. Contact us by emailing online.enquiries@la-law.com or calling 01202 786229.

The post Lasting Powers of Attorney appeared first on Lester Aldridge.

]]>
Lester Aldridge Offer Virtual Consultations During Nationwide Lockdown https://www.lesteraldridge.com/blog/covid-19-news/la-offer-virtual-consultations-during-nationwide-lockdown/ Mon, 30 Mar 2020 16:04:28 +0000 https://www.lesteraldridge.com/?p=9770 Leading local law firm Lester Aldridge are offering virtual consultations via Skype and Zoom, during this time of uncertainty. Following the Prime Minister’s announcement of a nationwide lock down, Lester Aldridge’s teams, including those supporting private individuals on matters of family law, tax, trusts, wills & probate, personal injury and community care issues, continue to … Continued

The post Lester Aldridge Offer Virtual Consultations During Nationwide Lockdown appeared first on Lester Aldridge.

]]>
Leading local law firm Lester Aldridge are offering virtual consultations via Skype and Zoom, during this time of uncertainty.

Following the Prime Minister’s announcement of a nationwide lock down, Lester Aldridge’s teams, including those supporting private individuals on matters of family law, tax, trusts, wills & probate, personal injury and community care issues, continue to offer video consultations for current and potential clients.

Joanne Clarke, Partner in LA’s Family Team comments: “Here in the family team we are happy to offer this form of communication to our clients, as many find face to face contact beneficial in this field of law. We remain able to offer clients telephone and email contact in the usual way’.

Lester Aldridge is also providing further support via articles on their website, with a dedicated section to COVID-19 news.

If you want to learn more about LA’s Family, Private Client, Personal Injury and Community Care teams, or would like to book in a virtual consultation, please call 0344 967 0793 or email online.enquiries@la-law.com

The post Lester Aldridge Offer Virtual Consultations During Nationwide Lockdown appeared first on Lester Aldridge.

]]>
Coronavirus Act 2020: New Hospital Discharge Process & Trusted Assessors https://www.lesteraldridge.com/blog/covid-19-news/coronavirus-act-2020-new-hospital-discharge-process-trusted-assessors/ Mon, 30 Mar 2020 13:25:32 +0000 https://www.lesteraldridge.com/?p=9758 Our healthcare solicitors have already blogged on the guidance from the Department for Health and Social Care about Hospital Discharge, NHS Continuing Healthcare and the implications on funding care. The intention is that people will be discharged from hospital as soon as possible after being declared fit for discharge, with the intention of freeing up … Continued

The post Coronavirus Act 2020: New Hospital Discharge Process & Trusted Assessors appeared first on Lester Aldridge.

]]>
Our healthcare solicitors have already blogged on the guidance from the Department for Health and Social Care about Hospital Discharge, NHS Continuing Healthcare and the implications on funding care.

The intention is that people will be discharged from hospital as soon as possible after being declared fit for discharge, with the intention of freeing up much needed hospital beds. Providers need to ensure they have read and understand Section 8 of that guidance. In order to achieve this new scheme, the rules have been updated in respect of the “Trusted Assessor” scheme which was already starting to be rolled out prior to the COVID-19 outbreak.

What is the Trusted Assessor initiative and who are Trusted Assessors?

The Trusted Assessor initiative driven by the NHS seeks to reduce the number of delayed discharges from NHS Trusts to adult social care services. Trusted Assessors are individuals that must have the appropriate qualifications, skills, knowledge and experience to carry out health and social care assessments.

Trusted Assessors are required to have a working knowledge and good understanding of a providers’ service and the services they can provide, and the care needs they can meet. Likewise, providers must be confident that the Trusted Assessors have that knowledge and that the discharges they undertake will be appropriate for the patient being discharged.

Trusted Assessor Agreements

Trusted Assessors can be employed by a range of organisations, this could be adult social care providers, hospital trusts or “collaborative arrangements” which would be appropriate and suitable for the skills of that particular Trusted Assessor. The specific arrangements are set out in a “Trusted Assessor Agreement”.

Trusted Assessors Agreements, like Trusted Assessors themselves, can be in a range of formats. By way of example, CQC’s guidance references a “co-designed memorandum of understanding between NHS Trusts and adult social care providers” as being a suitable type of Trusted Assessor Agreement.

The Trusted Assessor agreements must contain a variety of different provisions and these can be found within the CQC’s guidance on Trusted Assessors.

CQC has explicitly stated that the responsibility of meeting legal requirements in relation to care planning and assessments will always remain with the provider. There must therefore be sufficient systems and processes in place for providers to escalate concerns about the appropriateness of a discharge to their service by a Trusted Assessor. There is a responsibility on providers to undertake their own assessments once the patient has been discharged to them, to ensure the decision taken by the Trusted Assessor is suitable and safe.

New CQC Guidance

CQC has also produced additional guidance in relation to Trusted Assessors which will apply until further notice. In summary, the key changes from existing arrangements are:

  • All hospitals will train additional staff to operate as Trusted Assessors. The additional staff will supplement the current Trusted Assessors who are in place in the current schemes.
  • Most hospital trusts already use Trusted Assessors at the current time. These schemes should be kept up to date using the NHS Discharge to assess arrangements.
  • CQC will inspect if there are serious concerns about the safety of people using this scheme.
  • Providers and managers need to have confidence that legal requirements will be met. There must be a particular focus on infection control and safety.

Our expert health and social care solicitors are here to answer any questions that you have on this matter, please call 01202 786187 or email online.enquiries@la-law.com.

The post Coronavirus Act 2020: New Hospital Discharge Process & Trusted Assessors appeared first on Lester Aldridge.

]]>
New CQC Registration Process for COVID-19 https://www.lesteraldridge.com/blog/covid-19-news/new-cqc-registration-process-for-covid-19/ Mon, 30 Mar 2020 11:36:28 +0000 https://www.lesteraldridge.com/?p=9750 CQC stated earlier this month that its primary objective is to support providers to keep people safe. We recently wrote about how CQC has postponed all routine inspections. As the spread of the virus continues and the pressure on the health and social care system builds, CQC has gone a step further to help providers. … Continued

The post New CQC Registration Process for COVID-19 appeared first on Lester Aldridge.

]]>
CQC stated earlier this month that its primary objective is to support providers to keep people safe. We recently wrote about how CQC has postponed all routine inspections. As the spread of the virus continues and the pressure on the health and social care system builds, CQC has gone a step further to help providers.

In order to prevent registration becoming a barrier to providers responding to the crisis, a specific COVID-19 registration framework for providers has been prepared. This framework covers both new registrations and changes to services that can be made by submitting a notification online.

COVID-19 registration is any ‘application’ from a health or social care provider where they:

  • Intend to deliver services which provide additional health and social care capacity in an area; or
  • Contribute to the control of the outbreak of COVID-19 or the treatment of people who have contracted the illness.

CQC will prioritise all COVID-19 related applications.

Depending on the change you want to make, you may need to apply to CQC for a change to your registration to a new registration or you may just need to update your Statement of Purpose and notify CQC. You should ensure that you follow the correct process for the change you want to make. If in doubt, you should seek advice to ensure you follow the correct process.

Registration applications should be sent to hsca_applications@cqc.org.uk and you should include ‘COVID-19’ in the subject of the email so it can be identified as high priority. If the changes you are making do not require a registration, you should notify CQC about changes to your Statement of Purpose.

When assesses applications, CQC will consider a number of factors, including:

  • Focus on management and response to COVID-19 against safe (including safeguarding) and well-led.
  • CQC may treat the changes as conditions to your registration for the duration of these interim arrangements
  • You may be able to make the changes to your service at the same time

All other registration applications, which do not relate to the COVID-19 response, will dealt with in the usual way.

Our team of specialist health and social care solicitors are on hand to help you. If you are require any advice or assistance in relation to any of the topics covered in this alert, or any other matters, please contact us on online.enquires@la-law.com or 01202 786187.

The post New CQC Registration Process for COVID-19 appeared first on Lester Aldridge.

]]>
Pubs and Restaurants: Surviving COVID-19 https://www.lesteraldridge.com/blog/covid-19-news/pubs-and-restaurants-surviving-covid-19/ Mon, 30 Mar 2020 10:32:18 +0000 https://www.lesteraldridge.com/?p=9734 Pubs and restaurants play an important role in society, facilitating social interaction, and are often a focal point of small communities. It therefore came as a blow to many, not least of all pub and restaurant operators, when the government announced live on television on 20 March 2020 that pubs and restaurants should close that … Continued

The post Pubs and Restaurants: Surviving COVID-19 appeared first on Lester Aldridge.

]]>
Pubs and restaurants play an important role in society, facilitating social interaction, and are often a focal point of small communities.

It therefore came as a blow to many, not least of all pub and restaurant operators, when the government announced live on television on 20 March 2020 that pubs and restaurants should close that evening, to avoid the spread of COVID-19 (Coronavirus).

On 26 March, The Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 (“the Regulations”) came into force, including a legal restrictions on the operation of the following businesses:

  • Restaurants;
  • Cafes;
  • Bars;
  • Pubs

The Regulations require these businesses to cease selling food or drink for consumption on the premises and to close any premises where such food and drink would usually be consumed. It is an offence to contravene these restrictions without reasonable excuse. The restrictions are to be reviewed at least once every 21 days to determine if they are still required (the first review being due by 16 April 2020) and are due to expire after 6 months.

However, these restrictions do not prevent pubs and restaurants from offering takeaways, although there are a number of considerations to be borne in mind.

Restaurant takeaways

Times are tough and it is understandable that many pubs and restaurants are seeking to continue trading to the extent they are able to, during the current pandemic. In order to support the sector, the government has introduced a range of measures, including support with business rates, staff sick pay, and more recently, furloughing. Planning permission rules have also been relaxed to enable pubs and restaurants to sell food for consumption off the premises.

New legislation came into force on 24 March 2020, which introduced new permitted development rights meaning that properties with Class A3, A4 or mixed A3 and A4 use, may now provide takeaway food at any time until 23 March 2021. Ordinarily, a business would have needed to apply for a change of use, which would invariably take some time to process. This is therefore a welcome change which will avoid the need to make such an application – although businesses are still expected to notify local authorities when they start or stop providing takeaway services.

However, the situation is continuously evolving so business operators should keep a close eye on future developments because this may change again if further lockdown restrictions come into force in due course.

If you are providing, or planning to provide, food takeaways, you should consider the following:

  1. The ability to provide takeaway food does not extend to the right to sell alcohol as part of a takeaway service. The right to sell alcohol is governed separately under the terms of your premises license. If you wish to sell alcohol as part of your takeaway service, you will need to check whether the terms of your premises licence permit you to sell alcohol for consumption ‘off site’. If not, you are currently only able to sell food and non-alcoholic drinks as part of your takeaway service. However, we are aware that there has been some lobbying of government to ask for these rules to be relaxed also – so watch this space for any changes.
  2. If you intend to provide hot food or hot drinks between 11pm and 5am, you will need to check whether your premises licence permits late night refreshment.
  3. If your premises are leasehold, you should check whether there are any restrictions within your lease as to the permitted use of your premises.
  4. You will need to take precautions to ensure that food is safely prepared and that your takeaway service is operated in a safe way, which follows the principles of social distancing. You should comply with the measures in ‘Safer Food, Better Business’ food hygiene guidance. The government has also published some further guidance for food businesses during the pandemic. Key guidance around social distancing includes:
  • no orders should be taken in person on the premises – this should be communicated to customers by appropriate means such as signage;
  • you should only take orders online or by telephone;
  • consider implementing staggered customer collection times – customers should be discouraged from entering the premises until their order is ready;
  • customers arriving without having already placed an order should be encouraged to leave the premises to place their order by telephone or online, and to return at a designated time for collection;
  • customers whose orders are ready should enter one at a time to collect orders and make payments (preferably by credit or debit card); and
  • you should discourage crowding outside the premises. Where possible, queue management systems should maintain the 2 metres separation.

5. Whilst there is currently no evidence that the virus can be passed on through food, you should obviously ensure that your staff are fit to work. You should be aware of the guidance and requirements as to when staff may need to self-isolate or shield. For a summary of employment issues arising from COVID-19, see here.

What about my rent during COVID-19?

We understand that pubs and restaurants will be seeking to cut costs where possible and make ends meet.  For lessees and tenants, some Pubcos have already announced rent holidays. The Morning Advertiser has reported that, following the lead of Greene King, Hall & Woodhouse has suspended rent payments for 8 weeks, Admiral Taverns has cancelled rent for its licensees until end April and Fullers has suspended commercial rent until an unspecified date. By contrast, we have not yet seen any similar concession having been made by Enterprise Inns – although it has notified its tenants that any loss of trade caused by Coronavirus will not be covered by the group’s insurance.

The payment of rent will no doubt be a primary concern for all tenants in the current circumstances. Some landlords and Pubcos are not famed for their lenient approach towards tenants, although we hope that the sector would see a reasonable approach in these unprecedented times.

However, the Coronavirus Act 2020, which was passed on 25 March 2020, provides some ‘rules’ which will apply to landlords and tenants in during this emergency period. This includes a moratorium on forfeiture/re-entry for non-payment of rent during the relevant period, however rents will continue to accrue and remain due. Further information about this can be found in our blog here.

What else can I do?

The government has launched a range of support which may be available to pub or restaurant business owners, details of which can be found here.

We would also highlight the following considerations:

  • Most pubs, restaurants and hospitality businesses will hold a Music Licence (issued by PRS and PPL) to enable music to be played within the premises. Many will be paying, or have paid, for licences for periods during which they are now closed and have no need or requirement for the licence. PRS/PPL have issued guidance in relation to the Music Licence, confirming that businesses will not need to pay for times when they are not trading – guidance over how this will work can be found here.
  • You are also likely to have a number of contractual arrangements in place for supplies or for the provision of services, for example, waste collection. It may be that those suppliers are unable to provide the services contracted, or it may be that you do not require those services whilst your business is closed. You should review any relevant contracts to determine what should happen in those circumstances. Some contracts will include force majeure clauses which may apply if your supplier is unable to provide the service. Some further information about these matters can be found here and here.
  • As the situation develops, many will be in an extremely difficult financial position and experiencing an adverse impact to the cash flow of your business. If you operate as a limited company or a limited liability partnership, you will continue to be subject to specific duties. Sole traders will also have to consider their duties to those to whom they owe money, now or ahead. Businesses must not usually trade whilst insolvent (“wrongful trading”), which includes not paying debts as they fall due, otherwise there can be personal liability implications. The government’s announcement on 28 March to introduce a temporary removal of personal liability for “wrongful trading” during the pandemic (applying retrospectively from 1 March 2020) will come as some relief to those running affected businesses. The government is expected to make further announcements of further reforms to the UK’s insolvency laws to protect businesses from creditors seeking to initiate insolvency proceedings at this time. However, these changes only paint part of the picture. Your business may have been struggling for some time and under long term pressure from creditors. Whilst trade may have significantly worsened in the past few weeks, protection from personal liability may only be specific to that period. None of what has been announced or is anticipated will discharge your duties for the preceding period. Now (more than ever), you will be expected to have a handle on (and record) your current, short, medium and long-term ability to continue to trade, even though it is not presently clear how long trade will be affected. This gives rise to a minefield of issues. It is more important than ever to regularly monitor and record the cash flow position and prepare forecasts against different trading scenarios. Taking advice early on is key. If you find yourself facing these issues and would like some practical and legal guidance as to what you should be doing at this time, our specialist restructuring and insolvency solicitors can help with business contingency and continuity planning to help avoid protect your position and provide options for your business.
  • In particular, for licensed businesses facing financial challenges, it is important to remember that your premises licence is an asset of the business and should be preserved and maintained.

What if I close the business?

If you decide to close your business completely for the time being, you should bear in mind the following considerations:

  • You may be required to notify your insurer if your business premises are unoccupied, or your insurance may require you to check the premises at a certain frequency.
  • If your premises licence will be due for renewal whilst you are closed, you will need to make arrangements to check post and make any necessary payments to maintain your licence.
  • You should ensure that the police have correct key holder details for your premises if it will be unoccupied.
  • You may need to review and update your fire risk assessment if your premises will be unoccupied. You should also consider any issues in relation to access if there are any flats above your business premises – do they have self-contained access or is access only through the business premises?
  • If you have CCTV, you should consider issues in relation to monitoring of and access to footage.
  • If you serve draught beer, you should follow best practice in relation to cleaning of beer lines, turning off gas, glasswasher and dishwasher cleaning and draining. Cask Marque have prepared some helpful guidance in relation to bar and cellar closing procedures.
  • Kitchens should be cleaned before leaving and food should be stored safely and correctly in line with best practice. Any food wastage should be properly disposed of.

If you would like further information, please get in touch with our licensing solicitors or our restructuring and insolvency solicitors by emailing online.enquiries@la-law.com or calling 01202 786187.

The post Pubs and Restaurants: Surviving COVID-19 appeared first on Lester Aldridge.

]]>