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

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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

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MOVERS & SHAKERS

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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