STAYINformed – Commercial e-bulletin #12

August 7, 2020

Keeping you up-to-date with the latest news and legal issues from the commercial team at Exchange Chambers during the Covid-19 pandemic.

In this edition:

Mediator Paul Johnson saves commercial parties over £1m in costs in just three days
“Some lawyers feel that “remote” mediations are a radical departure from “face to face mediations”. Yes, remote mediations are different to “face to face” mediations but the gulf between mediating “online” or in person” is not substantive.” Paul Johnson reflects on remote mediations in the Covid-19 era.

Sevilleja v Marex Financial Ltd [2020] UKSC 31
In this article, Giles Maynard-Connor and Jodie Wildridge discuss the Supreme Court’s review of the law on Reflective Loss.

Corporate Insolvency and Governance Act 2020: Webcast
In this three part webcast, Mark Cawson QC and Carly Sandbach of Exchange Chambers’ Restructuring and Insolvency team discuss the Corporate Insolvency and Governance Act 2020 with Dr. John Tribe, University of Liverpool and Academic Associate, Exchange Chambers.

All change to the Use Classes Order as Permitted Development reaches new heights
On Tuesday 21st July a series of planning measures were laid before Parliament giving effect to some of the announcements made in conjunction with the Prime Minister’s ‘Dudley Speech’ earlier in the month, when he pledged to “build, build, build” economic recovery. Peter Dixon summarises these new measures.

Royal Assent for the Finance Bill 2019-21: Return of Crown Preference
On Wednesday 22 July 2020, the Finance Bill 2019-21 received Royal Assent, meaning that from 1 December 2020 HMRC will become a secondary preferential creditor upon insolvency. Commercial Pupil Katherine Traynor provides a short summary of the return of the Crown Preference.

Video Wills: New legislation on making wills to be introduced
On 25 July the government announced a significant change to the 183-year-old rules which dictate how wills and codicils are made with the introduction of secondary legislation to allow for the witnessing of wills by video conferencing on a temporary basis from September 2020. John Waiting and Katherine Traynor discuss the new legislation in this article.

Ciban Management Corp v Citco (BVI) Ltd [2020] UKPC 21: The risks of remaining in the shadows
Katherine Traynor considers the recent judgment in Ciban Management Corp v Citco (BVI) Ltd [2020] UKPC 21 in which the Privy Council considered the limits of the Duomatic principle.

Court enforcement and other changes to the CPR affecting possession claims
In this article, Bill Hanbury considers court enforcement and other changes to the Civil Procedure (Amendment No. 3) Rules 2020 affecting possession claims.

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