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23 July 2020
Issue: 7896 / Categories: Legal News , Commercial , Profession , Covid-19
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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
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MOVERS & SHAKERS

Thackray Williams—Lucy Zhu

Thackray Williams—Lucy Zhu

Dual-qualified partner joins as head of commercial property department

Morgan Lewis—David A. McManus

Morgan Lewis—David A. McManus

Firm announces appointment of next chair

Burges Salmon—Rebecca Wilsker

Burges Salmon—Rebecca Wilsker

Director joins corporate team from the US

NEWS
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Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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