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.
We look at two cases where the courts have had to strike the right balance between supporting arbitrations whilst also recognising their independence and jurisdictional limitations.
More than a month on from lockdown, lawyers are firm converts to the idea of remote mediation – having overcome their initial fears – with many saying it could be the future.
Will 2020 see major growth in climate justice litigation? The decisions handed down in 2019 and the news during the first quarter of 2020 suggest it will.
As the success of remote hearings sparks discussion – with many lawyers advocating for further adoption of these options post-coronavirus – retaining an even-handed view is key.
Facilitating high-value, speculative claims can now carry serious costs consequences. Funders must ensure that the merits of a claim are carefully analysed, and kept under close review.
These are challenging but interesting times. We wanted to share a little of what we have learned in terms of how to get the most from remote meetings and hearings.