A Summary Of Key Covid-19 Dispute Resolution Developments

• Published date: 08 February 2022
• Subject Matter: Litigation, Mediation & Arbitration, Coronavirus (COVID-19), Arbitration & Dispute Resolution, Operational Impacts and Strategy
• Law Firm: Blaser Mills
• Author: Ms Nina Toor and Jackie Ray

There have been some knock-on effects of COVID-19 on Court proceedings and some are highlighted below.

• In Morris v Fuirer and others [2021] EWHC 3566 (Ch) an application was made to strike out the claim and the Hearing was heard remotely. The Claimant was acting in person. The Claimant argued that it had insufficient time to prepare his evidence because of the pandemic and ill-health. The Judge rejected the Claimant's argument on the basis that he had threatened a claim in January 2018 and had ample opportunity to put his best case forward.
• In Neurim Pharmaceuticals (1991) Ltd v Generics (UK) Ltd (t/a Viatris) [2022] EWHC 109 (Pat), the Court accepted that the remainder of the in-person Trial had to be conducted remotely as one of the parties' solicitors had tested positive for COVID-19.

• The Court approved the parties' request for a remote hearing due to COVID19 and the fact that the witnesses were abroad in Olympic Council of Asia v Novans Jets LLP [2022] EWHC 88 (Comm).

• Sir Julian Flaux, Chancellor of the High Court provided an update on matters and proceedings in the Chancery Division in a speech. He stated, amongst other points, that remote hearings will remain the default position for short hearings of half a day or less, interlocutory hearings and appeals where there are no witnesses. He also mentioned that it is preferable for trials...