header-logo header-logo

02 June 2020
Issue: 7889 / Categories: Legal News , Covid-19 , Profession
printer mail-detail

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
printer mail-details

MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
back-to-top-scroll