Courts have new powers to allow remote observation of hearings

From today, courts and tribunals have new powers to allow reporters and other members of the public to observe hearings remotely, under new s.85A of the Courts Act 2003 and the Remote Observation and Recording (Courts and Tribunals) Regulations 2022. The Lord Chief Justice and the Senior President of Tribunals have issued practice guidance to … Read more

High Court finds Covid-19 pandemic did not trigger a material adverse change clause in a contract for Premier League broadcasting rights

A recent High Court decision shows that whether or not a material adverse change clause will be found to be triggered by Covid-19 is a highly fact-dependent question which will depend on the wording of the clause and the relevant context: The Football Association Premier League Ltd v PPLive Sports International Ltd [2022] EWHC 38 … Read more

High Court grants summary judgment in claim for rent accrued during periods of Covid closure, rejecting defences based on implied terms and “failure of basis”

The High Court has granted summary judgment to the landlord of commercial premises in a claim for arrears of rent and service charges due since the outbreak of the Covid-19 pandemic: London Trocadero (2015) LP v Picturehouse Cinemas Ltd [2021] EWHC 2591 (Ch). This case is another example of the court’s approach to applying legal … Read more

Commercial litigation podcast series – Episode 8: General update

In this eighth episode of our series of commercial litigation update podcasts, we give a brief update on developments relating to jurisdiction and the enforcement of judgments post-Brexit, and on disclosure, as well as considering recent cases on witness evidence, the without prejudice rule, and when the courts will hand down judgment despite the parties … Read more

High Court finds alleged frustration of contract due to COVID-19 pandemic is not sufficiently arguable to grant injunction restraining demand under letter of credit

The High Court has dismissed an application for an injunction to prevent an airline group from making demands under bank-confirmed standby letters of credit (SBLCs), securing aircraft leases granted to the claimant (a budget passenger airline), on the basis that it was not sufficiently arguable that the leases were frustrated due to the effects of … Read more