DMO Covid-19 Legal Clinic 19 May 2020 Matt Gatenby , Senior Partner - - PowerPoint PPT Presentation

19 May 2020

DMO Covid-19 Legal Clinic

Matt Gatenby, Senior Partner Ami Naru, Partner, Head of Employment Emma Shakespeare, Senior Associate, Head of Corporate Governance

YOUR TRAVEL AND LEISURE LAW TEAM

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What Will We Cover Today? Travlaw’s F.A.Q.s

• Current Landscape
• Non-Performance
• Force Majeure/ Frustration
• Refunds
• Looking Forward: Focus On Mitigating Contract Risk
• Corporate Governance
• Directors’ Duties
• Insolvency, Personal Liability, Debt Recovery
• Employment/ HR
• Looking Forward: Re-opening Businesses & Venues
• Q&A

YOUR TRAVEL AND LEISURE LAW TEAM

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Current Landscape

• UKGov Roadmap – “Hospitality expected to reopen …”
• Non-performance, Force Majeure/ Frustration, Refunds;
• Customer Contracts/Terms (B2C & B2B);
• Consumer Rights Act, Unfair Contract Terms etc…;
• Non-performance of Suppliers
• Unfair Contract Terms Act 1977;
• Package Travel Regulations:
• Customer’s right to cancel;
• Circumstances Beyond Organiser’s Control.

YOUR TRAVEL AND LEISURE LAW TEAM

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Looking Forward: Focus on Mitigating Contract Risk

• Due Diligence – Know Your Customer/Supplier;
• Knowing and Managing Your Risks;
• Negotiating Customer Contracts & Standard Customer

Terms (B2B & B2C);

• “Force Majeure” is going to be a focus, rightly or wrongly;
• Negotiating Supplier Contracts/ Terms (B2B);
• Agents: Be Clear on Status;
• Contract Management.

YOUR TRAVEL AND LEISURE LAW TEAM

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Corporate Governance: Directors’ Duties

Under Part 10 Companies Act 2006. You Must:

• Act within powers;
• Promote success of the company;
• Exercise independent judgement
• Exercise reasonable care, skill and

diligence;

• Avoid conflicts of interest;
• Not accept benefits from third

parties;

• Declare an interest in a proposed

transaction.

Other Points To Consider:

• Health & Safety Legislation
• Board Meeting Minutes
• Insurance Cover
• Company Directors Disqualification Act 1986
• Insolvency Act 1986: Wrongful Trading -

Government’s temporary suspension 01.03.20 to 30.06.20

• Personal Guarantees
• Insolvency of counter party: unsecured creditor
• Debt Recovery

YOUR TRAVEL AND LEISURE LAW TEAM

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Update to Furloughed Leave Scheme

• Extended for 4 months until end of October 2020
• No changes until end of July
• August – October 2020 – furloughed employees can work part

time

YOUR TRAVEL AND LEISURE LAW TEAM

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Employers: Returning to Work

• Government guidance on safe working during Covid-19

 WFH if you can  Risk assessments  Maintain social distancing  Maintain transmission risk  Reinforce cleaning process

YOUR TRAVEL AND LEISURE LAW TEAM

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Looking Forward … What Else To Consider…

• Government Guidance – both international & national.
• Come / Don’t Come - What is the right balance to be had &

what obligations are you working to?

• Insurance – never too early to have a conversation on cover

(esp. Business Interruption) and exclusions etc…;

• Health & Safety – best practice not yet established;
• Duty of Care to Staff & Visitors – what will you need?
• Flexibility – In pretty much all aspects.

Thank You!

Matt@travlaw.co.uk Ami@travlaw.co.uk Emma@travlaw.co.uk