Covid-19 and court cases: What to expect
If you are due to attend court but need to self-isolate according to NHS advice, you must continue to self-isolate and contact the court to explain the position.
The civil procedure rules already allow some flexibility, for example, for hearings to take place by telephone, witnesses to give evidence by video link or the attendance of parties to be excused. An amendment allows longer extensions of deadlines in some circumstances.
Due to depleted staff levels, you may find in any event that hearings are adjourned, possibly at short notice, for several months.
For more information please see: https://www.lesteraldridge.com/blog/covid-19-news/covid-19-and-court-cases-what-to-expect/
Covid-19: Commercial Contracts
One of the issues facing companies during the Covid-19 pandemic concerns the performance of commercial contracts. In the current climate, an increasing number of companies are unable or unwilling to fulfil their contractual obligations.
Businesses may wish to rely on a force majeure clause in order to excuse performance of obligations in contracts. Relying on such a clause will depend on: the attitude of the contracting parties, the specific drafting of the clause and, potentially, the determination of the courts.
If a contract does not include a force majeure clause, then the parties may need to rely on the doctrine of frustration. Circumstances in which a party can rely on frustration are narrow and the evidential threshold is high.
For further detail please see: https://www.lesteraldridge.com/blog/covid-19-news/covid-19-commercial-contracts/
Covid-19 and cancellation of services to consumers
Where the outbreak of Coronavirus means that services are not provided by traders, consumers who have entered into contracts for services have certain statutory protection.
If the trader cannot perform the service another time, for example, because it is time-specific, it will then usually be possible to demand a price reduction or a refund, depending on the situation.
Consumers may also have rights to cancel altogether, in particular for internet purchases or other contracts or agreements made away from the trader’s premises. Time limits apply to the exercise of those rights. Again, precisely what refund can be anticipated will depend on the type of service involved.
For more information please see: https://www.lesteraldridge.com/blog/covid-19-news/covid-19-and-cancellation-of-services-to-consumers/
Package Holidays: Cancellation rights and the impact of Covid-19
Many people may be wondering what rights, if any, they have to cancel their package holiday or if their holiday has been cancelled by the provider due to the Covid-19 pandemic.
Unless otherwise specified, the Package Travel and Linked Travel Arrangements Regulations 2018 are implied into package holiday contracts. The Regulations grant travellers important rights.
For holidays which do not include the Regulations, travellers should be able to claim a refund from or rebook the holiday for a later date. This is because of the Foreign and Commonwealth Office and government advice in place, advising no non-essential travel due to Covid-19.
For further detail please see: https://www.lesteraldridge.com/blog/covid-19-news/package-holidays-your-cancellation-rights-and-the-impact-of-covid-19/
If you have any queries on a commercial matter, please contact Lester Aldridge’s experienced dispute resolution & commercial litigation solicitors on 01202 786340 or email online.enquiries@la-law.com.