Technology keeps the court wheels turning

CL-June2020-Bryden

My recent joint article with Chris Bryden published by Construction Law

Key points:

  • Conversant Wireless Licensing SARL v Huawei Technologies Co. Ltd and other companies [2020] EWHC 741 (Pat)- High Court allows application to adjourn complex trial in light of COVID-19. In particular, there was no provision within the CPR to allow such a trial to be conducted on the papers, and it was not appropriate to do so in the circumstances.
  • Re One Blackfriars Ltd (in liquidation) [2020] EWHC 845 (Ch) (06 April 2020)- High Court rejects application to adjourn a trial, which was to proceed remotely even with a number of expert witnesses in addition to witnesses of fact. It was held that, to do so, was not to proceed in a manner incompatible with current government guidance.
  • MillChris Developments Ltd v Waters (2020)- The TCC (remotely) rejected an application to injunct on-going adjudication proceedings on the basis of COVID-19. l In the absence of clear and causally linked evidence, it appears as though parties seeking to restrain on-going adjudication proceedings on the basis of COVID-19, will find little favour from the Courts.
  • The situation and guidance is fast-paced and frequently changing and it is clear that the workings of the justice system are having to (and with a degree of success) adapt quickly.
  • Preparation is paramount, and parties will need to ensure that they and their legal advisors are taking steps to ensure that the remote process runs as smoothly as it can.

 

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