COVID-19 Professional Services: Legal And Practical Issues In Relation To Client Work

• Published date: 26 May 2020
• Author: Mr Andrew Blair and Melissa Maharaj
• Subject Matter: Litigation, Mediation & Arbitration, Technology, Coronavirus (COVID-19), Trials & Appeals & Compensation, Security, Government Measures, Employment and Workforce Wellbeing, Operational Impacts and Strategy
• Law Firm: Clyde & Co

In light of the pandemic, businesses up and down the country have been forced to reconsider ways in which customer service is being delivered on a local and global scale alike, whilst adhering to Government mandated policy measures. The legal sector is no exception. Law firms have implemented a range of measures to ensure that clients' needs continue to be met, notwithstanding the current crisis.

This bulletin provides a brief overview of some of the legal and practical issues arising in relation to client work as a result of Covid-19 - and how they are being addressed.

Courts: remote hearings, remote working and changes to the law

Although the High Court and the Court of Appeal were initially said only to be dealing with urgent work, it is our experience that civil hearings are continuing remotely wherever possible by way of video or telephone conference. This includes even big-ticket commercial litigation involving numerous and/or overseas witnesses (for reported cases see: Re One Blackfriars Ltd, Hyde v. Nygate [2020] EWHC 845 (Ch)).

This approach has been supported by the Coronavirus Act 2020, Regulations and the three new Practice Directions issued by the Courts. These latter include PD 51Y which provides for hearings to be conducted remotely and PD51ZA which allows parties to agree time extensions of 56 days (rather than the usual 28 days) in certain circumstances. (Our detailed briefing on the approach of the Courts in the UK and across the world can be found here).

However, it is also our experience that there is, understandably, some variation in the particular decisions being taken as regards adjournment (or otherwise), the preferred platform for remote hearings and/or the presentation of documentary evidence, depending on the Judge, the Court and the case. This in itself creates a degree of uncertainty when advising clients and impacts the risk landscape in which litigators are operating.

For matters that are going ahead, there are also risks with virtual hearings. These include the challenges of a technical platform which may be unfamiliar to some of the participants and potentially reduced quality of interaction through screens. These might be mitigated respectively through preparation in advance and through more focused submissions (perhaps more closely following the structure of the written submissions filed in advance). There is also the risk of inadvertently sharing more widely a message or confidential information intended only to be...