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04 June 2020 / Neil Parpworth
Issue: 7889 / Categories: Features , Covid-19 , Procedure & practice
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COVID-19 & the courts: the show must go on

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Neil Parpworth outlines how access to justice, through the function of the courts, must continue during the coronavirus pandemic
  • The claim: damages in excess of £250m.
  • The rival submissions: would proceeding with trial be inconsistent with the prime minister’s instruction?
  • Judgment: a very clear message from legislature.

With the global coronavirus pandemic having a profound impact on the way in which many of us now work, if we are lucky enough to continue to have a job, and how businesses and services are able to operate, the recent decision in Re One Blackfriars Ltd (in liquidation) Hyde and another (joint liquidators of One Blackfriars Ltd) v Nygate (in his capacity as representatives of the estate of James Joseph Bannon) and another [2020] EWHC 845 (Ch), [2020] All ER (D) 75 (Apr) provides an interesting example of some of the issues which the pandemic has raised in terms of access to justice and the continuing operation of the courts. More particularly, it required the

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MOVERS & SHAKERS

Cripps—Radius Law

Cripps—Radius Law

Commercial and technology practice boosted by team hire

Switalskis—Grimsby

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Firm expands with new Grimsby office to serve North East Lincolnshire

Slater Heelis—Will Newman & Lucy Spilsbury

Slater Heelis—Will Newman & Lucy Spilsbury

Property team boosted by two solicitor appointments

NEWS
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
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