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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 be jettisoned? This article considers the approach which

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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