Is compulsory ADR coming?
On 12 July 2021, the Civil Justice Council (CJC) published its report on compulsory alternative dispute resolution (ADR) following the Master of the Rolls requesting the same in January 2021. ADR is an umbrella term used to describe methods used to attempt to resolve a dispute without needing to go to a final court hearing; […]
Read moreBusiness Interruption Insurance: FCA Case Update – Supreme Court Judgment
On 15 January 2021, the Supreme Court handed down its judgment in the FCA Business Interruption Insurance (BII) case. A copy of the full judgment can be viewed here. In short, the Supreme Court largely agreed with the decision of the High Court given on 15 September 2020 and found in favour of the FCA […]
Read moreCOVID-19 and business interruption insurance
A major shock to the insurance sector was received on 15 September 2020 when the High Court handed down judgment in the test case brought by the Financial Conduct Authority (the FCA) in relation to business interruption insurance. The FCA represented those businesses who claimed to be entitled to a pay-out. Opposing the FCA, eight […]
Read moreResponsible Contractual Behaviour in the Covid-19 emergency
On 30 June 2020, the government released updated guidance and recommendations on what they deem as ‘responsible contractual behaviour in the performance and enforcement of contracts’ in the Covid-19 pandemic. The full guidance can be viewed here. In the guidance, the government encourages all parties to ‘act responsibly and fairly, support the response to Covid-19 […]
Read moreBusiness Tenancies and Coronavirus: Rights of re-entry
Our previous blog post, ‘Stay on possession and enforcement proceedings extended to 23rd August’, considered how the current moratorium on possession proceedings brought in the courts under part 55 of the Civil Procedure Rules (CPR 55) was recently extended. There is however a further possibility which should be considered in respect of business tenancies: whether […]
Read moreStay on possession and enforcement proceedings extended to 23rd August
Renters across England and Wales have been granted a further reprieve from any possible evictions after the government announced that the moratorium on residential possession claims and evictions is to be extended until 23 August 2020. The extension applies to both private and public sector landlords. The Civil Procedure (Amendment No. 2) (Coronavirus) Rules 2020, […]
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