header-logo header-logo

29 July 2020 / Daniel Lightman KC , Gregor Hogan
Issue: 7897 / Categories: Features , Procedure & practice , Covid-19
printer mail-detail

Unparalleled circumstances

25153
Daniel Lightman QC & Gregor Hogan revisit court orders in the light of COVID-19

In brief

  • Variations to final orders in the light of COVID-19 are more difficult than variations concerning compliance with a procedural step or a deadline.
  • The extent to which changed financial circumstances can be said to be the result of an assumed risk or the natural ebb and flow of asset values is key.
  • The possibility of COVID-19 constituting a Barder event in matrimonial proceedings has not yet been tested, but any such application will face significant challenges.

‘The coronavirus pandemic’, as Mr Justice Knowles noted in Melanie Stanley v London Borough of Tower Hamlets [2020] EWHC 1622 (QB), ‘is generally recognised to be the greatest peacetime emergency that this country (and indeed, the world) has ever faced’. How should the courts respond to attempts to revisit decisions and orders in the light of such unparalleled circumstances? To what extent, if at all, should the judicial policies of legal certainty and finality

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

EIP—Stuart Malcolm

EIP—Stuart Malcolm

EIP strengthens Commercial practice with a new partner

Ellisons—Francesca Brown

Ellisons—Francesca Brown

Ellisons welcomes Francesca Brown to Family team

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

NEWS
A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
back-to-top-scroll