Lester Aldridge https://www.lesteraldridge.com Advising businesses and individuals on an international scale. Thu, 08 Apr 2021 10:42:40 +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 The Owner of the MV Ever Given Declares General Average: Pointers for Shippers and Receivers https://www.lesteraldridge.com/blog/marine/suez-canal-obstruction/ Thu, 08 Apr 2021 10:30:52 +0000 https://www.lesteraldridge.com/?p=13135 The MV Ever Given has now been moved off its temporary anchorage on the bank of the Suez Canal, but its owners will now be presented with claims in the ensuing days, from the salvors and tug owners who assisted the ship and the operators of the Suez Canal. It is not known whether the … Continued

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The MV Ever Given has now been moved off its temporary anchorage on the bank of the Suez Canal, but its owners will now be presented with claims in the ensuing days, from the salvors and tug owners who assisted the ship and the operators of the Suez Canal. It is not known whether the salvors of the ship, who used 11 tugs and 2 dredgers, will lodge an additional claim against the ship for its salvage. The number of losses the owners of the Ever Given are actually facing is currently unknown. The ship-owners (or more likely their insurers) will probably need to provide security for those claims before the vessel can sail from Suez.

It was expected that the owners of the ship would declare general average if the losses started to mount.

The MV Ever Given was passing through the Suez Canal en route to Rotterdam, which is a feeder port. Many of the containers discharged at Rotterdam, will be destined for the UK, Ireland, Portugal and the Baltic States. Various press articles have estimated that there are between 18,000-20,000 containers on board.

The general average declaration will impact all the parties with containers onboard the MV Ever Given.

What is general average and what are its effects?

A general average situation occurs where a danger threatening a common maritime adventure (i.e., the voyage) justifies action taken for the benefit of all the imperilled interests, including cargo owners. Examples include fire on the ship, jettisoning (discharging cargo overboard) and stranding or grounding of a ship.

In this case, a general average has been declared to cover the cost of the salvage operations and potential compensation claims. It might also include claims from the Suez Canal Authority, which is reportedly seeking around US$1billlion in compensation alone.

General average requires that all parties involved in the Ever Given’s voyage proportionally share the losses resulting from its stranding and subsequent release, based upon their financial interest in the saved ship. Those parties are usually the owners of the cargo, the ship-owners and sometimes the owners of the fuel onboard the ship. This is usually the charterers of the ship – in this case the Ever Given. Each party contributes to the general average pot pro-rata to the value of its goods, which have been saved. The ship-owners will have the lion’s share of the contribution to the pot, as the value of the ship usually exceeds the value of the goods on board.

Although the owners of the ship have declared general average, it does not necessarily mean that legally they are entitled to do that or, that in due course facts will come to light, which indicates that the ship was put in peril by its crew, rather than events outside of their control. The declaration of general average is a tool ship owners can use to try to collect contributions from third parties to the emergency event as it happens. Most of the time, container ships owners do not declare general average in situations of this type. It is only when the losses get into the double-digit millions that this happens.

For shippers, receivers and forwarders though, the declaration of general average is of immediate concern. The legal niceties as to whether there was actually a general average incident will be dealt with in due course, once the full losses are revealed and the incident and the sums lost are investigated. That investigation could take several years.

What does it mean for the cargo owners or forwarders?

The ship-owners are not likely to know their full exposure at this time due to various third parties. The press has reported that general average has been declared, but at the moment individual notices of general average have not been despatched by the owners to those with cargo on board.

The containers onboard are likely to be delayed but the ship-owners are entitled to ask shippers ( or more likely receivers) to provide them with a General Average “GA” Bond or security before the containers are released at the discharge port. If the security is not provided the containers are not likely to be released.

It is difficult to predict the amount of security that might be demanded – but it could be anything up to 50% of the value of goods in the individual containers.

  • Cargo insurance policies should now be reviewed, to determine whether individual insurers will provide a general average bond or similar security, under the terms of the policy.
  • For cargo interests’ who have no insurance they will need to assess how they will provide security in an acceptable form (possibly for several years) in order to collect their goods. Most shipping lines expect that security to be in the form of a cash deposit or bank guarantee.
  • Freight Forwarders using the BIFA Terms should ensure that their customers are advised that it is the responsibility of the customer to organise a GA Bond or similar security.

What happens after the security is provided?

  • The owners will appoint a firm of average adjusters (if they have not already done that). These adjusters will work their way through the alleged losses and then produce a General Average Adjustment, apportioning the sums incurred to rescue the MV Ever Given and divide those losses between all of the parties who have received any benefit from that rescue.
  • Challenges to the GA Adjustment are made at that stage, including a discussion as to whether there was ever a true General Average event.

For further information or advice on your current situation, please contact our Shipping & Logistics experts by calling us on 023 8082 7416 or email linda.jacques@la-law.com.

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Detection and Prevention in Ovarian Cancer https://www.lesteraldridge.com/blog/personal-injury-medical-negligence/detection-and-prevention-in-ovarian-cancer/ Mon, 29 Mar 2021 16:29:42 +0000 https://www.lesteraldridge.com/?p=13093 It is Ovarian Cancer Awareness Month and today we are looking at the topic of detection and prevention. Ovarian cancer is one of the most common types of cancer in women. There are around 7,400 new ovarian cancer cases in the UK every year, which results in 20 new cases a day.  It is the … Continued

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It is Ovarian Cancer Awareness Month and today we are looking at the topic of detection and prevention.

Ovarian cancer is one of the most common types of cancer in women. There are around 7,400 new ovarian cancer cases in the UK every year, which results in 20 new cases a day.  It is the 6th most common cause of cancer death in females, with around 4,200 deaths in 2018 in the UK.

Given the prevalence of ovarian cancer among women, and given that it is often a deadly disease, early detection and treatment is critical.

Detection

There are two tests that are most often used to screen for ovarian cancer. These are:

  1. Transvaginal ultrasound scan (TVUS); and
  2. CA-125 blood test.

Blood test (CA125 test): If after a consultation with your GP they believe your symptoms could be ovarian cancer they may refer you for a blood test to check for a substance called CA125. CA125 is produced by some ovarian cancer cells. A high level of CA125 in your blood could be a potential sign of ovarian cancer.

But a raised CA125 level does not mean you definitely have cancer, as it can also be caused by other conditions such as endometriosis, fibroids or pregnancy.

Ultrasound scan: There are two types of ultrasounds that are used to detect ovarian cancer. One type of ultrasound uses a small device called an ultrasound probe to move over your stomach to create an image of your ovaries. This is the abdominal ultrasound. The second ultrasound is transvaginal. An ultrasound probe is passed into the vagina to create a clearer image of the ovaries. The scan can show changes in the ovaries that could be caused by cancer. Following an ultrasound scan a CT scan may then be recommended.

While some women diagnosed with ovarian cancer have elevated levels of the CA 125 protein, the associated blood test is not accurate enough for ovarian cancer screening, as many non-cancerous conditions can increase the CA 125 level.

Calls for greater screening

Ovarian cancer is hard to detect in its early stages due to its vague symptoms.

As a result of this, there is a call for further action to help detect ovarian cancer. It is proposed that more frequent scans and blood tests should be available to patients at a younger age, in order to increase the chances of detecting ovarian cancer at the earliest possible stage.

The United Kingdom Collaborative Trial of Ovarian Cancer Screening has looked at whether screening could be useful in ovarian cancer. Screening is a way of finding out if people are at higher risk of a health problem so that treatment can be offered sooner.

So far, the screening trial has determined that there is not enough evidence to support the introduction of a national screening programme. However, they have advised that further research is ongoing to see whether screening could become a viable strategy.

Preventability

According to Cancer Research UK, 11% of ovarian cancer cases are preventable.

There are several ways a person can reduce their risk of developing ovarian cancer. Some risk factors for ovarian cancer cannot be changed, such as getting older or family history, but other risk factors can be controlled.

Oral contraceptives: Using oral contraceptives decreases the risk of developing ovarian cancer for average risk women and BRCA mutation carriers, especially among women who use them for several years.

Hormone replacement therapy (HRT): It has been suggested that taking hormone replacement therapy (HRT) may increase your risk of ovarian cancer. It’s thought that if there is any increase in cases of ovarian cancer in women taking HRT, the risk is very small. Any increased risk of ovarian cancer is thought to decrease after you stop taking HRT.

Smoking: Smoking can increase the risk of certain types of ovarian cancer. Approximately three per cent of some types of ovarian cancer seem to be linked to exposure to tobacco smoke.

In order to prevent ovarian cancer from being fatal it is important that it is detected as early as possible. Mistakes in diagnosing ovarian cancer can therefore be extremely serious.

Common mistakes that can be made are failure to carry out appropriate examinations or failure to refer a patient to a gynaecological oncologist for further investigation.

Sources

https://www.nhs.uk/conditions/ovarian-cancer/

https://ovarian.org.uk/march-ovarian-cancer-awareness-month/

https://www.cancerresearchuk.org/about-cancer/ovarian-cancer

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Vessel Arrests and Off Hire https://www.lesteraldridge.com/blog/marine/vessel-arrests-and-off-hire/ Mon, 29 Mar 2021 15:40:30 +0000 https://www.lesteraldridge.com/?p=13087 Navision Shipping A/S V Precious Pearls Ltd; Conti Lines Shipping NV V Navision Shipping A/S (The Mv “Mookda Naree”) Background The MV Mookda Naree arrived in Conakry, Guinea, in December 2018, to discharge a cargo of wheat. The ship had been chartered by the owners (Precious Pearls) to a time charterer (Navision), who had then sub-chartered … Continued

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Navision Shipping A/S V Precious Pearls Ltd; Conti Lines Shipping NV V Navision Shipping A/S (The Mv “Mookda Naree”)

Background

The MV Mookda Naree arrived in Conakry, Guinea, in December 2018, to discharge a cargo of wheat. The ship had been chartered by the owners (Precious Pearls) to a time charterer (Navision), who had then sub-chartered it to Conti, who had in turn sub-chartered to a French wheat trading company (Cerealis).

The vessel was arrested in Conakry by a third party receiver (SMG) in respect of an alleged short delivery by Cerealism of an earlier cargo of wheat, which had been carried on an unrelated vessel, the MV Supertramp.

The head charter and the sub-charter were on the Asbatime Form with additional clauses but were not back to back. Clause 47, in both charterparties, put the ship off-hire upon being detained or arrested by any legal process, until the time of release, unless such detention or arrest was occasioned by any act, omission or default of the charterers and/or sub-charterers and/or their servants or agents.

Additional clause 86 of the head charter, which was not included in the sub-charter, provided that when trading to West African ports, the charterers shall accept responsibility for cargo claims from third parties in these countries (except those arising from unseaworthiness of the vessel) including putting up security, to prevent arrest/detention of the vessel or to release the vessel from arrest or detention and vessel shall remain on hire.

Arbitration Proceedings

The tribunal decided that because the arrest had been brought about by the default of the charterers, then clause 47 resulted in the arrest not putting the vessel off-hire. In addition, under the sub charterparty, clause 86 applied to SMG’s claim for short delivery of the Supertramp cargo.

The sub-charterers, Conti and charterers Navision appealed against that conclusion, against their respective despondent owners Navision and Precious Pearls.

The Appeal in the Commercial Court

The judge held that in relation to clause 47, the arbitrators correctly concluded, that an act or omission or default of sub-charterers was not confined to conduct in breach of a contractual obligation, under the sub-charter in question.

The judge held that the main purpose of clause 47, was to protect the time charterers’ interests by a rule that the vessel would be off-hire if she was arrested or detained by legal process. However, Conti’s failure to act, as it reasonably ought to have acted to deal with the SMG’s claim was an omission by a sub-charterer within the meaning of the clause and had occasioned the arrest and therefore, the arrest came within the proviso of the clause.

Conti’s appeal against the sub-charter award was dismissed and Navision’s appeal in relation to clause 47 was also dismissed.

In relation to clause 86 however, the court did not dismiss Navision’s appeal. The judge stated, that the arbitrators had erred in their construction of that clause although, SMG’s claim related to cargo carried to a West African port, it was carried on a different ship altogether and under a different charter. Therefore, the claim was not the present charterer’s responsibility, under clause 86.

The arbitrators had correctly appreciated that clause 86 was linked to clause 43. It logically followed that clause 86 only concerned claims about cargo carried, pursuant to the current charter.

Instead of holding that the vessel never went off-hire, the tribunal should have held that when it was arrested, it went off-hire under clause 47 until the proviso took effect. Further, they had wrongly held that Navision had liability for damages to be assessed for breach of clause 86.

The head charter award was remitted back to the arbitrators.

For further information, please contact our Shipping & Logistics experts by calling us on 01202 786161 or email linda.jacques@la-law.com.

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Kate Garraway & the Legal Protections We Should All Have in Place https://www.lesteraldridge.com/blog/tax-trusts-wills-probate/kate-garraway-the-legal-protections-we-should-all-have-in-place/ Sun, 28 Mar 2021 09:00:41 +0000 https://www.lesteraldridge.com/?p=13081 Kate Garraway’s heartbreaking story of her husband Derek’s year-long battle with Covid has been made even more complicated by the lack of legal protection she and Derek had in place. Kate was unable to access funds to manage her husband’s care or refinance her mortgage. She didn’t even have the legal right to see his … Continued

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Kate Garraway’s heartbreaking story of her husband Derek’s year-long battle with Covid has been made even more complicated by the lack of legal protection she and Derek had in place. Kate was unable to access funds to manage her husband’s care or refinance her mortgage. She didn’t even have the legal right to see his medical notes, owing to data protection.

Research by SFE shows that 65% of us think our next-of-kin will make medical and care decisions for us if we are no longer able to. In reality, this isn’t the case unless a Health & Welfare Lasting Power of Attorney is in place. Whilst there’s been a rise in the number of enquiries made about Lasting Power of Attorneys (LPAs) during the pandemic, only 22% of people in the UK actually have one.

At Lester Aldridge, we encourage all of our clients to prepare for the worst, whilst hoping for the best. Putting in place Lasting Powers of Attorneys is a relatively simple step that you can take to ensure that if anything were to happen to you, the people that you trust can make decisions on your behalf. You can have peace of mind that there would be someone who can access your bank account to pay the bills, refinance your mortgage, speak to the utility companies. It will enable your attorneys to access your medical records, be kept informed about your medical care and treatment and allow your attorneys to make important decisions for you.

You can make your own Lasting Powers of Attorney and there is information available on the gov.uk website. However, it is generally advisable to have professional advice to ensure that they are prepared correctly and are suitable for your circumstances. Often with home-made Lasting Powers of Attorney, problems don’t come to light until it is too late to do anything about it. To avoid this difficult kind of legal situation it’s important to use a specialist lawyer who is experienced in this area of the law and is trained to support people making these crucial, complex and difficult decisions. According to Which?, 22,000 LPAs are rejected every year so it’s essential that you get your legal documents right. Many people will put off making Lasting Powers of Attorney, commenting that they will do it when they need to. However, by the time you have reached the point of needing a Power of Attorney, it is often too late.

If you have any questions regarding the above article, please contact our specialist Lasting Power of Attorney solicitors by calling 01202 702612 or by emailing online.enquiries@la-law.com

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SRA Intervention: Cree, Godfrey and Wood Solicitors https://www.lesteraldridge.com/blog/sra-interventions/sra-intervention-cree-godfrey-and-wood-solicitors/ Fri, 26 Mar 2021 14:28:53 +0000 https://www.lesteraldridge.com/?p=13077 What has happened to Cree, Godfrey and Wood Solicitors? The Solicitors Regulation Authority has closed down the practice of Cree, Godfrey and Wood Solicitors of 28 High Road, East Finchley, London N2 9PJ. This happened on 25 March 2021. Lester Aldridge is helping the SRA with the closure. What happens now? Cree, Godfrey and Wood … Continued

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What has happened to Cree, Godfrey and Wood Solicitors?

The Solicitors Regulation Authority has closed down the practice of Cree, Godfrey and Wood Solicitors of 28 High Road, East Finchley, London N2 9PJ. This happened on 25 March 2021. Lester Aldridge is helping the SRA with the closure.

What happens now?

Cree, Godfrey and Wood Solicitors can no longer act for its clients. If you were a client, you will need to find a new solicitor. You can find a list of solicitors in England and Wales on the Law Society’s website.

What has happened to my file?

The SRA are in the process of removing the files that were held at the offices of Cree, Godfrey and Wood Solicitors. A further update on how you can recover your file will be provided on our website once this has been completed.

What has happened to the money Cree, Godfrey and Wood Solicitors were holding for me?

The bank accounts of Cree, Godfrey and Wood Solicitors have been frozen and all monies which were held in those accounts have been transferred to the Solicitors Regulation Authority and are being held on behalf of clients. If you think the firm should have been holding money on your behalf, please see our SRA Interventions page.

How can I get more information?

You can contact our Interventions Team on 01202 786341 or by email at interventions@LA-Law.com. You can also find out more about this intervention on the SRA’s website.

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From PA to HR – Interview with Emma Starmer https://www.lesteraldridge.com/blog/careers/interview-emma-starmer/ Thu, 25 Mar 2021 17:27:33 +0000 https://www.lesteraldridge.com/?p=13073 We have been talking to some of our colleagues who have been with the firm for over 20 years to celebrate their achievements and find out more about their journey with LA. This month, we caught up with Emma Starmer, Senior Employment Law and HR Advisor. Emma has had a diverse career with LA over … Continued

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We have been talking to some of our colleagues who have been with the firm for over 20 years to celebrate their achievements and find out more about their journey with LA.

This month, we caught up with Emma Starmer, Senior Employment Law and HR Advisor. Emma has had a diverse career with LA over the past 24 years, having worked in several roles in both fee-earning and business support teams.

When did you join the firm and in what role? How has your role changed over the years?

I joined LA back in August 1997! My role has changed a huge amount during that time, and I have been fortunate enough to work in a variety of different teams in both fee earning and support roles. I joined the firm as a Personal Assistant, supporting a team of partners and associates.

The role of PA was very traditional at that time, and I was often required to take lengthy shorthand minutes in meetings and type up dictation from the old-style tape system. Diary management was very paper-based – things have certainly moved on, and the role of PA is very different now.

After a couple of years as a busy PA, and having helped out the Personal Injury team on a few occasions, I was asked to join their team as a Trainee Legal Executive. This gave me a chance to work as a fee earner and gain legal qualifications at the same time – back then that meant a lot of face to face lectures at college in the evenings. LA was supportive of my studies (thank you to everyone who lent me their books and their knowledge at that time!).

I have always been interested in working with people and supporting colleagues, particularly those who are beginning their careers or moving to a new specialism, and after a few years in PI doing a mixture of interesting casework, I was given the chance to move into LA’s own HR team. I really enjoyed generalist HR work and decided to continue studying in the evenings to combine legal and HR qualifications, going on to become a member of the Chartered Institute of Legal Executives and a member of the Chartered Institute of Personnel and Development.

The HR team at LA are busy and the work is extremely varied. I progressed through the HR team, becoming LA’s Head of HR for four years and more recently Senior HR Business Partner, involved in more project-based HR work.

My current role within the Employment team enables me to use my HR and legal knowledge in a client-facing role, which is, again, rewarding and gives a different perspective on issues.

How have you seen Lester Aldridge change since you joined?

LA has grown, changed and adapted so much over the years and we have opened new offices and created new specialist teams. However, I have never felt that LA changed merely for change’s sake, and has always remained a supportive and friendly firm. Some really positive moves have been in our equality and diversity initiatives, and in our support of mental health and wellbeing.

How has technology changed over the years and how has this impacted your role?

Technology has moved on tremendously since I joined the firm, and has enabled tasks to be done far more efficiently, and from anywhere.  Email has become much more widely used too.

The focus more recently has been on remote technology, and I am pleased to say that I am comfortably able to type this from my spare room!

What is the proudest moment from your career at Lester Aldridge?

I have many moments that I could comment on here, but I think it has to be my involvement in recruitment at all levels of the firm, and in my involvement in our graduate recruitment scheme. I have been so proud to see interviewees join the firm and progress their careers, and see trainees that I have brought into the firm become partners now successfully leading teams. There are many individuals confidently operating at various levels of the firm who I first met as nervous students at either school or university law fairs many years ago!

What’s your favourite part of the job?

My favourite part of my current job is helping support clients with their queries, and as a team be able to reach solutions for them. I have enjoyed learning from experienced specialist lawyers and seeing how various different industries operate.

Describe what LA means to you, on a personal level, in 15 words or less.

I have grown up with LA! They encouraged and supported me to further my career.

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The Effect of the COVID-19 Pandemic on Ovarian Cancer https://www.lesteraldridge.com/blog/personal-injury-medical-negligence/the-effect-of-the-covid-19-pandemic-on-ovarian-cancer/ Wed, 24 Mar 2021 16:49:09 +0000 https://www.lesteraldridge.com/?p=13064 It is currently Ovarian Cancer Awareness Month. Today, we look at the impact the coronavirus pandemic has had on those suffering with ovarian cancer, as well as the wider impact it has had on cancer research. Coronavirus has had a devastating impact across the globe for a year (and counting), especially for ovarian cancer sufferers. … Continued

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It is currently Ovarian Cancer Awareness Month.

Today, we look at the impact the coronavirus pandemic has had on those suffering with ovarian cancer, as well as the wider impact it has had on cancer research.

Coronavirus has had a devastating impact across the globe for a year (and counting), especially for ovarian cancer sufferers.

The lockdowns in the UK as a result of the pandemic have affected the health and wellbeing of ovarian cancer patients, and have resulted in increased delays in diagnosis and treatment.

Effect on diagnosis and treatment

Getting timely treatment for ovarian cancer is very important. If ovarian cancer is diagnosed at stage 1, a woman has a 90% chance of surviving for five years or more. However, only 33% of women are diagnosed at this stage, and the pandemic has led to even further delays in diagnosis.

Ovarian cancer is diagnosed via a blood test. If the blood test shows high levels of CA125 (an early sign of ovarian cancer), a woman will then be referred for an ultrasound scan. Before the pandemic, there were already delays in diagnosis, with the average waiting time from referral to ultrasound being 31 days. It is now becoming apparent that the pandemic has only worsened this.

Furthermore, many women are worried about visiting their doctors, even if they are showing symptoms, or are worried about going to the hospital for consultations or treatments due to fears over contracting coronavirus.

According to a study by the organisation Target Ovarian Cancer, the pandemic has also had a significant impact on the treatment of ovarian cancer, with 54% of women with ovarian cancer reporting that their treatment has been affected by coronavirus. Some women have had a delay in their treatment whilst additional safety measures have been put in place, or have had their treatment delivered in a different way, such as having consultations by video or telephone rather than in person.

The surgery to treat ovarian cancer can be complex. The results of the study indicated that many women have reported that their surgery has been postponed and have instead been given additional cycles of chemotherapy whilst waiting for this delayed surgery. However, some chemotherapy has been affected with cycles being made shorter or being postponed or cancelled. This is primarily due to resources being prioritised for treatment of coronavirus patients.

Ovarian cancer research has also been affected by the pandemic. Many cancer treatment trials have been paused during the pandemic, thus impacting the research being undertaken.

On 16 March 2021, a group of cancer charities announced that without urgent action, the UK’s cancer death rate will rise for the first time in decades and that there will be a backlog of cancer patients. ‘One Cancer Voice’ estimates that millions of people have had their cancer care affected in some way by the pandemic. Their research suggests that at least 43,700 fewer people got treatment for cancer from April 2020, compared to the equivalent period before the pandemic. ‘One Cancer Voice’ have called for more investment in resources to ensure that such backlog is reduced and eliminated.

Effect on the lives of ovarian cancer patients

Coronavirus is a viral infection that mainly affects the lungs. Anyone who has a weakened immune system is more at risk of becoming seriously ill should they contract coronavirus, as their ability to fight infections is reduced. Many types of cancer and cancer treatments, including chemotherapy and some radiotherapy, will affect the immune system. Therefore, ovarian cancer patients that are going through chemotherapy will have a weakened immune system and will be at risk of becoming seriously ill should they contract coronavirus, meaning that the majority would be considered clinically extremely vulnerable.

Those that are considered clinically extremely vulnerable were asked to shield by the NHS at the beginning of the pandemic. They have also been asked to shield in subsequent lockdowns where there has been an increase in cases.  Research by the organisation Target Ovarian Cancer found that 79% of women with ovarian cancer were advised to shield.

Shielding will have drastically affected the lives of ovarian cancer sufferers at what is already a very worrying and isolating time. Many cancer sufferers rely on the support of their family and friends which has not been as easy during lockdowns with face-to-face contact being limited. This will have led to increased feelings of loneliness and vulnerability. Even for those ovarian cancer sufferers that have finished treatment, they will still have a weaker immune system and even if they are not shielding, their lives will have still been impacted by the lockdown and social distancing restrictions.

Charities such as Cancer Research and Macmillan Cancer support have issued updated guidance for cancer suffers throughout during the pandemic.

Going through any sort of cancer is an incredibly stressful and worrying time, but these added life changes and delays or cancellations of treatment as a result of the pandemic have made this an even harder experience for patients.

For more information on the research into the impact of the coronavirus on ovarian cancer, please see:

Sources for writing this article:

https://targetovariancancer.org.uk/sites/default/files/2020-07/Voices%20of%20women%20with%20ovarian%20cancer%20-%20the%20coronavirus%20pandemic%20and%20its%20impact.pdf

https://www.bbc.co.uk/news/newsbeat-56362264

https://www.macmillan.org.uk/coronavirus/cancer-and-coronavirus

https://www.cancerresearchuk.org/about-cancer/cancer-in-general/coronavirus/covid-19-and-cancer

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International Commercial Terms (“Incoterms®”) Refresher https://www.lesteraldridge.com/blog/marine/international-commercial-terms-refresher/ Fri, 19 Mar 2021 12:28:29 +0000 https://www.lesteraldridge.com/?p=13016 The Incoterms® are a globally-recognised set of 11 three-letter trade terms, used in international and domestic contracts for the supply of goods. They are produced by the International Chamber of Commerce and updated periodically to reflect changes in trade practices. Incoterms® rules are universal and provide clarity and certainty to business. Incoterms ® explained The … Continued

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The Incoterms® are a globally-recognised set of 11 three-letter trade terms, used in international and domestic contracts for the supply of goods.

They are produced by the International Chamber of Commerce and updated periodically to reflect changes in trade practices.

Incoterms® rules are universal and provide clarity and certainty to business.

Incoterms ® explained

The Incoterms® rules feature abbreviations for terms that have very precise meaning for the sale of goods around the world. The terms describe the practical arrangements for the delivery of goods from the seller to the buyer and allocate the obligations, costs and risks between the two parties.

Each Incoterms® rule specifies:

  1. obligations of each party (who is responsible for transport; import and export clearance etc.); and
  2. point in the journey where risk transfers from seller to the buyer.

The Incoterms® are silent on several matters, such as transfer of title, price, payment and liability. These, as well as insurance provisions, should be addressed expressly in the contract of sale.

Incoterms® 2020

The 2020 version of the Rules came into effect on 1 January 2020.

Incoterms® 2020 are accompanied by expanded explanatory notes. These notes assist with accurately interpreting the latest edition to avoid costly misinterpretation or wrongful application.

Overall, there are very few substantive changes from 2010 Incoterms® to the meaning of the rules.

The two most important changes are:

  • The rule Delivered at Terminal (DAT) has been renamed as Delivered at Place Unloaded (DPU)

This change emphasises that the place of destination where the seller unloads the goods could be a place other than a terminal.

  • For Carriage and Insurance Paid (CIP), the level of freight insurance provided is now Institute Clauses (A), and not the lower level Institute Clauses (C).

For Cost Insurance and Freight (CIF), the level of freight insurance provided is unchanged.

Incoterms and Brexit

The end of the UK-EU transition period does not affect the Incoterms® rules as the rules are global in nature.

Variation of Incoterms

There is no obligation to adopt Incoterms® 2020.

All contracts made under any other previous editions remain valid. The parties will be free to incorporate any earlier version into their commercial agreements, however, it is important to clearly specify the chosen version.

The parties can agree to vary the Incoterms® to deal with particular situations, to define their respective obligations more precisely or indeed to replace one set of the rules for another. Such variation will be subject to the relevant contract and should be done with great care.

Further, the parties should ensure that any variation does not defeat the purpose and introduce fresh ambiguity.

For further information, please contact our Shipping & Logistics experts by calling us on 01202 786161 or email linda.jacques@la-law.com

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Sleep-In Shifts https://www.lesteraldridge.com/blog/employment-hr/sleep-in-shifts/ Fri, 19 Mar 2021 11:25:40 +0000 https://www.lesteraldridge.com/?p=13013 As anticipated, the Supreme Court has this morning handed down its decision in Mencap v Tomlinson-Blake on whether staff who are required to ‘sleep-in’ on their shifts are entitled to receive the National Minimum Wage, in the same way as they would be for a standard working shift. As most care providers are aware, in … Continued

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As anticipated, the Supreme Court has this morning handed down its decision in Mencap v Tomlinson-Blake on whether staff who are required to ‘sleep-in’ on their shifts are entitled to receive the National Minimum Wage, in the same way as they would be for a standard working shift.

As most care providers are aware, in 2018, the Court of Appeal found that Ms Tomlinson-Blake, who was a care worker, was ‘available for work’ rather than actually working when she was sleeping in a service users’ home providing 24-hour support to the client, and so she was not entitled to the National Minimum Wage. Ms Tomlinson-Blake was unhappy about this decision and appealed to the Supreme Court who heard her case in February 2020.

We learned today that the Supreme Court unanimously dismissed the appeal, and concluded that, if the worker is permitted to sleep during the shift, and only required to respond to emergencies, the hours in question are not included in the National Minimum Wage calculation.

Had the situation been different, and the Supreme Court agreed with Ms Tomlinson-Blake, there may have been large numbers of claims for backdated payments, together with the risk of fines for employers for breaching relevant regulations.

If you have any questions about the above information, please contact our team of specialist Employment lawyers by emailing online.enquiries@la-law.com or calling 01202 786183.

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Shielding to End on 31 March 2021 | COVID-19 Update https://www.lesteraldridge.com/blog/employment-hr/shielding-to-end-on-31-march-2021-covid-19-update/ Fri, 19 Mar 2021 10:36:43 +0000 https://www.lesteraldridge.com/?p=13010 Whilst everyone in England is required to follow the current national lockdown guidance, those people who have been identified as being ‘clinically extremely vulnerable’ have been advised to take extra care and to shield themselves from coming into contact with the virus. For many of those individuals, this has been a long and difficult period … Continued

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Whilst everyone in England is required to follow the current national lockdown guidance, those people who have been identified as being ‘clinically extremely vulnerable’ have been advised to take extra care and to shield themselves from coming into contact with the virus. For many of those individuals, this has been a long and difficult period and has had a huge impact on their working lives.

Shielding measures were put in place across the whole of England because clinically extremely vulnerable people are considered more at risk of needing hospital treatment and becoming extremely unwell if they come into contact with the Covid-19 virus.

The Health Secretary, Matt Hancock, has now confirmed that shielding in England will end on 31 March 2021.

How many people have been shielding?

It is reported that over 3.79 million people in England have been identified as clinically extremely vulnerable and have been added to the ‘Shielded Patient List’.

Why is the requirement to shield being removed now?

This change is, reportedly, due to the number of coronavirus cases and hospitalisations continuing to fall.

Whilst this may be welcome news to some, many people who have been shielding will not have yet received both of their Covid-19 vaccinations, and as we know, the virus is still prevalent in our communities. There may be some fear amongst those who have been shielding following this news.

How will people who are shielding be informed of this change?

The Government issued a new letter to all people on the Shielded Patient List on 17 March 2021. This contains new guidance that takes effect from 1 April 2021.

What is the new guidance for extremely vulnerable people from 1 April 2021?

The Government’s letter still recommends that those on the Shielded Patient List take extra precautions to protect themselves and provides practical steps covering socialising, travel, work and school. The letter confirms that the regulations that are in place for everyone during the pandemic, still apply to all.

Those who have been shielding are advised to keep their social interactions low and to reduce the amount of time spent in settings where maintaining social distancing is difficult.

How do the changes impact employment?

As we know, the advice in England is still that everyone should continue to work from home where possible. If you cannot work from home, even those who are clinically extremely vulnerable are now advised that they should attend their workplace.

What advice can we give to those employers who have clinically extremely vulnerable employees?

As an employer, you are required to take steps to reduce the risk of your employees and others who enter the workplace being exposed to Covid-19.

It is important that your workforce understands the processes and initiatives you have put in place to keep them safe, and that they have confidence in them. You are required to do all that you can to protect your employees’ health and safety whilst at work. This legal requirement covers all of your employees whether they are classed as ‘vulnerable’ or not.

We have provided articles previously that cover the risk assessment process, and it is particularly important to carry out a risk assessment for those individuals who are returning to work following a period of shielding. Where you identify risks, in all cases you must do all you can to reduce those risks.

It may be that some of your employees who have been shielding will continue to work from home as they have done previously, and will not notice a real change in their working day. The main change is that from 1 April you can allow those employees who have been shielding and unable to work from home, to return to the workplace.

Returning to the Workplace

Where an employee has been absent for some time, whether through a shielding requirement or other long term absence, do carry out a ‘return to work’ meeting with them. This should be done on a one-to-one basis and in a confidential setting. The employee may have valid concerns about risks, and it is likely that procedures have changed during their absence. A return to work meeting will allow you to listen to their concerns and reassure them of the action you have taken.

It is also important to ensure that your returning employees know what they are required to do to protect their colleagues and other people attending the workplace. They may also need to be shown any new policies that you have introduced during their absence.

Do be aware that returning to work following a period of absence can be a worrying time for employees, and after shielding an employee may have real concerns around their health and safety.

Do continue to look for simple ways to avoid the spread of the virus, for example, are face to face meetings necessary? Do your employees really have to travel outside of the area?

What about other Government schemes, are they also impacted by this change?

As we have previously advised, the Coronavirus Job Retention Scheme (the furlough scheme) has been extended until 30 September, along with the Self-Employment Income Support Scheme (SEISS).

An important note for employers is that from 1 April 2021 those who have been shielding will no longer be eligible for Statutory Sick Pay (SSP) or the Employment and Support Allowance (ESA) on the basis of being advised to shield. This is because the requirement to shield has been lifted.

In addition, local councils and supermarkets will provide shielding support only until 31 March.

If you have any questions or queries about the above discussion, please contact our team of expert Employment solicitors by emailing online.enquiries@la-law.com or call 01202 786183.

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