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11 March 2022 / Michael Frisby
Issue: 7970 / Categories: Opinion , Covid-19 , Profession
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2020 vision: Litigating in 2022

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As we dare to hope that lockdown is now behind us, what has changed since the pandemic & how will it impact the practice of commercial litigation in the post-pandemic environment? Michael Frisby reports

As we entered 2020, the big issue facing the country was Brexit. Parliamentary deadlock had been broken with the election of the Johnson government in December 2020, and all eyes were on the negotiations; the risks of a ‘hard Brexit’ were high on the agenda for businesses and lawyers alike, with concerns that London’s place as a world-leading dispute resolution centre might be at risk. Then the pandemic hit, and in March 2020 the first lockdown took effect.

Pandemic problems

The impact was immediate. On the procedural side, the court and arbitral institutions responded to ensure that business continued, and lawyers adapted and learned to deal with virtual hearings and virtual mediations in no time at all. Electronic bundles became de rigeur and, by necessity, greener modes of doing business were embraced by litigators, the courts

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An employer’s vicarious liability for the alleged torts of an employee cannot be transferred by TUPE, the Court of Appeal has confirmed
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