If there was a bigger surprise than the speed and impact with which the pandemic hit us, it was the adaptability of the commercial courts. Who would have thought that our traditional court system would pivot so easily to a world of virtual hearings and trials? Of course, like a swan looking serene on the surface but paddling furiously underneath, huge efforts are being expended by all court users to keep the train on the tracks. And court users are human too, grappling with remote working, home schooling and self-isolation. It is, therefore, not surprising that COVID is cited as a reason for lawyers and litigants struggling to comply with court deadlines. However, from the early days of the pandemic, the courts have been reluctant to allow court users latitude based on the ‘COVID excuse’.
The beginning of the tale
From the outset, the guidance from the Lord Chief Justice was
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