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01 July 2020
Categories: Legal News , Profession , Covid-19 , Commercial
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COVID-19: Commercial Court reports back

The Commercial Court has transitioned ‘smoothly’ from physical to remote hearings during lockdown, with ‘almost no backlog of work’, according to the minutes from the Commercial Group User Committee meeting on 15 June

Mr Justice Teare said interlocutory hearings have continued on the dates fixed, Friday lists were as busy as before lockdown, and trials involving live witnesses were still being held with witnesses from Kazakhstan, Begium, the US and other countries.

Teare J reported that only four trials have not been able to proceed for practical reasons since lockdown began, the reasons being illness or lockdown in a remote location without reliable wifi access.

Mrs Justice Cockerill said there has been no downturn in court business―instead there has been a slight upturn in actions commenced.

According to the committee, 13 courts in the Rolls Building can be used for live hearings, with five or six legal representatives present as well as three or four representatives at the back. Two of the courts can accommodate up to ten legal representatives.

Cockerill J said judges, court staff and users are ‘actively thinking’ about whether to keep remote (or even hybrid) hearings as ‘a default position or at least an often used option for some types of hearings post Covid’.

The disclosure pilot has been extended by a year.

MOVERS & SHAKERS

NLJ Career Profile: Nikki Bowker, Devonshires

NLJ Career Profile: Nikki Bowker, Devonshires

Nikki Bowker, head of litigation and dispute resolution at Devonshires, on career resilience, diversity in law and channelling Elle Woods when the pressure is on

Ellisons—Sarah Osborne

Ellisons—Sarah Osborne

Leasehold enfranchisement specialist joins residential property team

DWF—Chris Air

DWF—Chris Air

Firm strengthens commercial team in Manchester with partner appointment

NEWS
Contract damages are usually assessed at the date of breach—but not always. Writing in NLJ this week, Ian Gascoigne, knowledge lawyer at LexisNexis, examines the growing body of cases where courts have allowed later events to reshape compensation
The Supreme Court has restored ‘doctrinal coherence’ to unfair prejudice litigation, writes Natalie Quinlivan, partner at Fieldfisher LLP, in this week' NLJ
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts
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