We are living in unprecedented and somewhat uncertain times. Covid-19 has given the world of litigation a real shake up, changing the way that we operate. There is understandably concern, and in some instances, panic, about the ramifications of Covid-19 in relation to on-going and potential litigation. It appears that much of this unease results from the Government restrictions on movement and social interaction.
For years there have been calls for technological reforms in the Court system, many litigators would benefit from online improvements within the system to favour a remote working basis.
At present, Covid-19 is appears to be directly affecting these areas of litigation:
Dispute resolution
Parties should always try to reach an agreement and avoid going to Court.
The use of Alternative Dispute Resolution is arguably even more relevant in the current circumstance. It gives parties control over their dispute at a time when so much is uncertain about how, where and when a case might be concluded.
However, settlement procedures are also affected by Covid-19. Large gatherings in close proximity and round table discussions do not comply with the social distancing protocols. Therefore, many mediators are offering their services via remote video link. This minimises unnecessary travel and social contact, but will only work where all parties have access to the necessary technology. It is important to consider the security of private and confidential information in respect of the video link provider that is used.
The Courts
On 17th March 2020, the Lord Chief Justice issued a statement recognising that:
“there is an urgent need to increase the use of telephone and video technology immediately to hold remote hearings where possible”.
As of Wednesday 25th March 2020, a provision has been made for audio hearings during the coronavirus pandemic and will continue until the date on which the Coronavirus Act 2020 ceases to have effect.
If the Court feels that it is not practical to broadcast particular proceedings in a specific Court building, the Court may direct that the hearing take place in private.
Critics will argue that the conduct of remote litigation should have already been standard practice. It will be interesting to see what the lasting effect of this development might be.
Extending deadlines
The Courts are beginning to show considerable flexibility in managing proceedings. Some deadlines have already been extended and it is quite possible that more changes will be introduced as the administration of justice tries to keep up with developments.
Limitation periods
The Law Society has confirmed on its website that it is discussing with HM Courts & Tribunals Service whether all deadlines (including limitation periods) could be automatically suspended or extended for a period of two to three months. We will have to wait and see whether this is introduced.
Comment
It is important to keep up to date with current developments in the world of litigation and consider how they may affect your case. If you think Nelsons may be able to assist you with any of the above mentioned issues then do not hesitate to get in touch.
How can Nelsons help?
If you would like any additional information in relation to the subjects discussed in this article, please contact a member of our expert Dispute Resolution team in Derby, Leicester or Nottingham on 0800 024 1976 or via our online form.