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02 June 2020
Issue: 7889 / Categories: Legal News , Covid-19 , Profession
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Don’t sue, say judges

Senior judges and legal academics have called for a ‘breathing space’ break in litigation to allow firms to recover in the wake of the COVID-19 pandemic

The group of judges and lawyers, from independent research centre, the British Institute of International and Comparative Law (BIICL), predict a wave of litigation as parties trigger default clauses in contracts and counterparties maintain they are excused from performance. They have developed recommendations to minimise the risk of a deluge of disputes.

In a ‘concept note’ published last week, ‘Breathing Space’, the lawyers warn: ‘The effects of the pandemic are magnified by supply chains which over the past three decades have become increasingly global. This has implications for disputes as well, since the disruption of a single contract can disrupt the entire chain. One dispute can set off a chain reaction of disputes.’

They argue that the best approach in the case of breached contracts is for the law ‘to support negotiated solutions to make viable contracts blighted by the pandemic work; to bring contracts made unviable by the pandemic to an end in an equitable manner’.

Where negotiation fails, the lawyers suggest parties be encouraged towards mediation or other alternative dispute resolution methods and, where court proceedings are needed, that they take place online to avoid clogging up the courts.

Sir William Blair, a former judge of the London Commercial Court, said: ‘Faced with an unprecedented crisis, the law must provide a solid, practical and predictable foundation for the resolution of disputes and the confidence necessary for a recovery.

‘New thinking is required, and there is every reason for optimism that we can succeed.’

Issue: 7889 / Categories: Legal News , Covid-19 , Profession
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MOVERS & SHAKERS

Keystone Law—Milena Szuniewicz-Wenzel & Ian Hopkinson

Keystone Law—Milena Szuniewicz-Wenzel & Ian Hopkinson

International arbitration team strengthened by double partner hire

Coodes Solicitors—Pam Johns, Rachel Pearce & Bradley Kaine

Coodes Solicitors—Pam Johns, Rachel Pearce & Bradley Kaine

Firm celebrates trio holding senior regional law society and junior lawyers division roles

Michelman Robinson—Sukhi Kaler

Michelman Robinson—Sukhi Kaler

Partner joins commercial and business litigation team in London

NEWS
The government has pledged to ‘move fast’ to protect children from harm caused by artificial intelligence (AI) chatbots, and could impose limits on social media as early as the summer
All eyes will be on the Court of Appeal (or its YouTube livestream) next week as it sits to consider the controversial Mazur judgment
An NHS Foundation Trust breached a consultant’s contract by delegating an investigation into his knowledge of nurse Lucy Letby’s case
Draft guidance for schools on how to support gender-questioning pupils provides ‘more clarity’, but headteachers may still need legal advice, an education lawyer has said
Litigation funder Innsworth Capital, which funded behemoth opt-out action Merricks v Mastercard, can bring a judicial review, the High Court ruled last week
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