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21 May 2021 / Shirley Denyer
Issue: 7933 / Categories: Features , Profession , Insurance / reinsurance , Procedure & practice
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Civil justice: no going back?

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Where now for the civil justice system post-COVID, asks Shirley Denyer
  • Service of documents including proceedings.
  • Remote hearings and e-documents.

As anyone involved in civil justice will know, the COVID-19 crisis has resulted in a transformation of the system. With the judiciary, legal representatives and parties confined to their homes, and attendance at court rendered impossible, the court service rose to the occasion to maintain access to justice.

Changes to the system impossible to imagine in February 2020 have become the norm. Forum of Insurance Lawyers (FOIL) members recognise fully the enormous pressure the crisis placed on the court service and are very appreciative of the hard work and commitment that has been shown to keep the system in operation.

With the vaccine programme now well underway in the UK, with some hope of normality returning, attention is turning to the longer-term implications of the pandemic on court reform. In effect, COVID has been the catalyst for the biggest pilot scheme ever experienced in the court

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MOVERS & SHAKERS

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NEWS
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NLJ this week: Surrogacy children caught in succession gap
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’
NLJ this week: Online safety law at a crossroads
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
NLJ this week: Do Mandelson and Mountbatten-Windsor meet the misconduct bar?
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
NLJ this week: Supreme Court unlocks ‘lost years’ windfall for injured children
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
NLJ this week: Finality trumps freedom in arbitration showdown
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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