header-logo header-logo

23 July 2020
Issue: 7896 / Categories: Legal News , Commercial , Profession , Covid-19
printer mail-detail

NLJ this week: Litigating through lockdown

Highlights from commercial litigators’ COVID diaries

Commercial litigators share their experiences of coping with the pandemic, in a special report in NLJ this week.

‘As part of what has proved to be the largest justice sector pilot ever conducted in this country, the commercial courts kept on top of their caseload when many comparable jurisdictions shut down,’ journalist Grania Langdon-Down writes.

According to the Commercial Court Users Group (CCUG), remote hearings were considered impractical in only four trials up to June (for comparison, there were 60 hearings in April), and there is ‘almost no backlog of work’. This success may lead to lasting change. Mrs Justice Cockerill told the CCUG’s June meeting that judges, court staff and court users are ‘actively’ considering whether to keep remote, or partly remote, hearings as a default, or at least ‘often used’, option for some types of hearings.

Commercial litigators say they have been kept busy, and there is likely to be a deluge of pandemic-related commercial disputes ahead. However, the surrounding legal landscape has changed―City law firms have reduced working hours, made redundancies and cut back on expenditure.

David Greene, senior partner, Edwin Coe, says non-contentious work has dropped but dispute resolution continues to be busy, with two ‘very large group claims on insurance coverage issues arising from the lockdown’ and various claims regarding contract frustration and force majeure.

Joanna Ludlam, partner, Baker McKenzie, reports suffering some ‘Zoom fatigue’ but has also enjoyed the break from commuting as well as the ‘more candid and caring interactions’ with clients. She has seen fewer new internal investigations being started but more requests for advice concerning crisis management and COVID-related regulations.

Looking ahead, litigation funding will be a key issue as businesses reduce their budgets. Susan Dunn of Harbour Litigation says she is already receiving requests from lawyers ‘planning ahead for their clients’.

Issue: 7896 / Categories: Legal News , Commercial , Profession , Covid-19
printer mail-details

MOVERS & SHAKERS

NLJ Career Profile: Stephen Ward, The Barrister Group

NLJ Career Profile: Stephen Ward, The Barrister Group

From mowing lawns to life at the Bar: Stephen Ward reflects on an unconventional career

Clarke Willmott—Ben Loosemore

Clarke Willmott—Ben Loosemore

Commercial property partner joins Clarke Willmott in Southampton

Ellisons—Robert Tiffen

Ellisons—Robert Tiffen

Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

back-to-top-scroll