I can’t say I’m surprised that PIcARBS looks to have run its course. While the lack of interest has been put down to lawyers not wanting to trial the service, market forces are decisive and the market is right.
Just recently I have found that the MIB seems to want to reject pedestrian cases without good reason based on the allegation that they are the author of their own misfortune.
Legal professionals were effectively thrown into the deep end when it came to conducting hearings remotely. Lockdown has caused an astonishing backlog of half a million cases in England and Wales.
Rob Behrens, Parliamentary and Health Service Ombudsman, talks about the organisation’s role in the wider redress system and how their work complements the work of litigators.
It is relatively rare for frustration to be called upon as a solution for contractual non-performance in English law and the doctrine has historically only developed during times of social and economic change.
Liquidators of insolvent contractors in construction disputes have hitherto been reluctant to refer the dispute to an adjudicator for fear of being injuncted on the grounds of jurisdiction and futility.
The focus during Covid-19 has been on virtual hearings and lawyers may think that this ‘expertise’ is sufficient. There are more valuable lessons to take away from this experience, however.
Whilst historically the ‘Persons Unknown’ jurisdiction was used to obtain injunctions, it is not so confined. There is no principled reason why it cannot also result in a monetary judgment.
The Angelic Grace principle is as well established in the context of anti-suit injunctions as is angelic grace in the poetry of Petrach and the music of Liszt. But the courts still show judicial pragmatism in applying it.
Litigators could perhaps be forgiven for feeling slightly baffled about guidance issued by the Cabinet Office on 7 May aimed at contracting parties of all shapes and sizes.