Insights: Dispute Resolution

During these unusual times, we are all having to adapt to what has become the 'new normal' and implement changes in how we carry out civil cases.

Our previous update set out the key changes that any witness giving evidence in the Business and Property Court from 6 April 2021 needed to know.

Many commercial contracts contain "force majeure" clauses which provide that, if certain events occur which are outside the parties’ reasonable control, a party who is unable to meet its contractual obligations will be excused from doing.

Over the past two years we have seen more and more court hearings take place online as the courts adjusted the ways in which they operated to ensure that hearings could still take place during the pandemic.

In a case recently decided a Claimant served expert evidence from a consultant microbiologist but the Defendant did not. Did the Claimant win on the basis of that expert evidence? The answer is No.

A local authority has been successful in obtaining a permanent injunction against an individual who had targeted employees and councillors in a longstanding campaign.

People are increasingly concerned about the unwanted sharing of their private information.

Where parties to technology projects have disputes finding a timely and cost effective resolution process, one that provides access to justice whilst allowing relations and cash-flow to be maintained, has long been the holy grail of dispute lawyers. Through its adjudication scheme, launched in October 2019, the Society of Computers & Law (SCL) hopes to encourage parties to adopt a process, which if not the holy grail is advocated as being a major step in the right direction.