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.
georgiakatewhiting 