Will I have to go to court?
The vast majority of disputes settle without ever reaching a final hearing with something in the region of 2-5% of all cases actually ending up in court at a final trial. So whilst it is very unlikely you would need to attend a court hearing, it is always a possibility.
Related FAQs
We are working with many of our clients to progress with stopping up applications in order to divert/stop up highways and public rights of way affecting development sites. Due to lockdown restrictions the Department for Transport stalled the progress of applications because they were unable to comply with the statutory publicity requirements. We have very recently been contacted by the Department for Transport casework team who have confirmed that the stopping up/diversion applications can now be progressed. We are aware that Councils across the country are also now progressing with applications. Please contact us if you require any advice/assistance in respect of your application.
Where one or more of the parties is represented, responsibility for making the arrangements for the remote hearing will fall on either the applicant or the first represented party. If no party is legally represented, the court office will contact the parties to explain that the hearing will be held by telephone conference and will send them instructions on how this is to be achieved.
All remote hearings must be recorded. The responsibility for arranging the recording will be addressed on a case by case basis.
Funding audits are being paused and no new audits will be commenced during the lockdown period.
The European Commission has reintroduced its “comfort letter” system for cooperation in relation to shortage of supply. This allows cooperating businesses to check what the Commission’s view of their proposals are before implementing them.
In the UK context the SMA has introduced an exemption for suppliers of healthcare services to the NHS. This allows:
- Sharing information about capacity
- Coordination of staff deployment
- Joint purchasing of goods, services and facilities
- Sharing or lending of facilities
- Division of activities, including agreeing whether to expand or reduce the volume or type of services provided by suppliers
In relation to whether the CMA will investigate cooperation, it has indicated:
- The CMA will use its discretion as to the prioritisation of its enforcement action to permit some agreements/collaboration which would otherwise potentially give rise to enforcement action (including potentially attracting fines of up to 10% of group worldwide turnover)
- The CMA will use its existing power to exempt certain agreements under the Competition Act 1998 where these are in the public interest
An extension to the traditional business interruption insurance, “contingent business interruption insurance” often covers areas such as business interruption due to damage to property of a customer or suppliers. Nonetheless, proving loss can be problematic.
Claims for loss of use of the property may be possible as a result of forced business closure due to lockdown. Accordingly policies should be carefully reviewed to see if cover is available.