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23 July 2020
Issue: 7896 / Categories: Legal News , Commercial , Profession , Covid-19
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NLJ this week: Litigating through lockdown

Highlights from commercial litigators’ COVID diaries

Commercial litigators share their experiences of coping with the pandemic, in a special report in NLJ this week.

‘As part of what has proved to be the largest justice sector pilot ever conducted in this country, the commercial courts kept on top of their caseload when many comparable jurisdictions shut down,’ journalist Grania Langdon-Down writes.

According to the Commercial Court Users Group (CCUG), remote hearings were considered impractical in only four trials up to June (for comparison, there were 60 hearings in April), and there is ‘almost no backlog of work’. This success may lead to lasting change. Mrs Justice Cockerill told the CCUG’s June meeting that judges, court staff and court users are ‘actively’ considering whether to keep remote, or partly remote, hearings as a default, or at least ‘often used’, option for some types of hearings.

Commercial litigators say they have been kept busy, and there is likely to be a deluge of pandemic-related commercial disputes ahead. However, the surrounding legal landscape has changed―City law firms have reduced working hours, made redundancies and cut back on expenditure.

David Greene, senior partner, Edwin Coe, says non-contentious work has dropped but dispute resolution continues to be busy, with two ‘very large group claims on insurance coverage issues arising from the lockdown’ and various claims regarding contract frustration and force majeure.

Joanna Ludlam, partner, Baker McKenzie, reports suffering some ‘Zoom fatigue’ but has also enjoyed the break from commuting as well as the ‘more candid and caring interactions’ with clients. She has seen fewer new internal investigations being started but more requests for advice concerning crisis management and COVID-related regulations.

Looking ahead, litigation funding will be a key issue as businesses reduce their budgets. Susan Dunn of Harbour Litigation says she is already receiving requests from lawyers ‘planning ahead for their clients’.

Issue: 7896 / Categories: Legal News , Commercial , Profession , Covid-19
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MOVERS & SHAKERS

Bellevue Law—Lianne Craig

Bellevue Law—Lianne Craig

Workplace law firm expands commercial disputes team with senior consultant hire

EIP—Rob Barker

EIP—Rob Barker

IP firm promotes patent attorney to partner

Muckle LLP—Ryan Butler

Muckle LLP—Ryan Butler

Banking and restructuring team bolstered by insolvency specialist

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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