Litigation in the Time of Covid-19

The e-book contains extensive analysis into the key issues arising out of the coronavirus pandemic, as well as the latest legal developments, in contract, corporate insolvency, personal insolvency, company law (including directors’ duties), banking and financial services, civil procedure and offshore litigation. The eighth edition has been brought fully up to date to reflect the most recent developments in each chapter.

The e-book is a live publication and is being updated regularly to cover new authorities and legislation. Updates to the e-book will be posted to this website, although if you would like to receive new editions as they are released, please email us at ebook@4stonebuildings.com.

The publication is organised into separate questions and answers to provide readers with a clear, comprehensive guide to the key legal questions arising in the current climate.

The e-book is a collaborative project of the members of 4 Stone Buildings. Members are experts in the fields of practice covered by the e-book.

The key updates to the eighth edition are as follows:

  • Section One: Contracts: This section has been reviewed generally for updates, and a new Question 8 added which considers the law on repudiatory breach.
  • Section Two: Corporate Insolvency: Questions 1 and 18 have been updated to reflect the impact of the end of the Transition Period following the UK’s departure from the European Union. Questions 18 and 27 have been updated to reflect the latest court guidance on the scope of restructuring plans and the use of the cross-class cram down under Part 26A, CA 2006.
  • Section Three: Personal Insolvency: This section has been updated to have regard to the extended prohibition on executing a writ or warrant of possession or delivering a notice of eviction following the introduction of The Public Health (Coronavirus) (Protection from Eviction) (England) Regulations 2021. A new Question 15 has been introduced which briefly refers to key matters arising from the end of the Brexit transition period in the context of bankruptcy proceedings.
  • Section Four: Company: Updates have been made to include a brief comment on the effect of the end of the Brexit transition period and ensure that all references to guidance, legislation and the progress of cases are up to date.
  • Section Five: Banking and Financial Services: Several major, recent developments are reflected in the updates to this section. Brexit has resulted in the updating of Questions 10 and 11, now that the Market Abuse Regulation and EU Securitisation Regulation have been onshored into domestic legislation. A detailed analysis of the Supreme Court’s recent decision on business interruption insurance, FCA v Arch Insurance (UK) Limited [2021] UKSC 1, is included in Question 16. Question 2 has also been updated to reflect the most recent guidance from the FCA on payment holidays in relation to various forms of secured and unsecured credit.
  • Section Six: Civil Procedure: The CPR section has been revised to show the latest guidance on attendance in person: see Questions 3 and 4. Enough time has passed for the court to be hearing the second application for an adjournment due to the pandemic: see Bilta (UK) v SVS Securities [2021] EWHC 36 (Ch) in Question 8. The ADR section has been updated for the new LCIA Mediation Rules: see Questions 20 and 25.
  • Section Seven: Litigation in a Virtual World: This section has received a general update and links to further resources. This section has been updated throughout to reflect developments, but readers are encouraged to review the discussions in Questions 1, 2, 3, 7 and 11 in particular.

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