12 May 2020
Disputes Quick Read – 21 of 57 Insights
Disputes Quick Read: government guidance for contracts impacted by COVID-19
On 7 May 2020, the Cabinet Office published its guidance on responsible contractual behaviour in the performance and enforcement of contracts impacted by the COVID-19 emergency. The guidance identifies "objectives of responsible and fair behaviour" and lists aspects of contractual performance in relation to which responsible and fair behaviour is encouraged.
The overall message is to ensure that contractual and economic activity can be preserved. Fair conduct is encouraged in variety of scenarios ranging from contractual variation to events of default to ADR to enforcement. However, as non-statutory guidance, the document does not affect or override parties' rights under contract or at law.
We think that the sentiment of the guidance is to be welcomed. In the current circumstances, contracting parties faced with performance issues should of course (where possible) attempt to work together to achieve practical and fair outcomes.
But it's right that it should remain guidance only. For one thing, it would it be difficult to legislate in relation to many of the issues covered by the guidance – especially at short notice. Furthermore, given the difficulties of creating a 'one size fits all' approach to contract issues, it is important that parties have available to them their usual rights to respond as they consider appropriate.
It will be interesting to see the extent to which parties invoke the guidance in future disputes.
In this series
Disputes Quick Read: ClientEarth v Shell – climate change litigation shifts focus to UK companies
by Multiple authors
Disputes Quick Read: High Court rules that failure to provide adequate data security is not a positive act
Disputes Quick Read: Key changes to the Disclosure Pilot Scheme
Disputes Quick Read: Judicial Review and Courts Bill – unpacking the UK government's proposed amendments
Disputes Quick Read: Will litigants be compelled to participate in alternative dispute resolution?
Disputes Quick Read: Freezing injunctions – maximum custodial sentence imposed for breach
Disputes Quick Read: The online future of civil justice – the end of the legal profession or the end of legal drudgery?
Disputes Quick Read: Will the courts change forever post-COVID?
Disputes Quick Read: One Blackfriars administrators cleared of misfeasance
Disputes Quick Read: Not your prerogative – the Independent Review of Administrative Law reports its recommendations on judicial review
Disputes Quick Read: Amendments to the Disclosure Pilot Scheme – a step in the right direction
Disputes Quick Read: UK Supreme Court rules on the territorial extent of the SFO's powers
by Multiple authors
Disputes Quick Read: No dropping anchor – parent company liability for environmental claims
Disputes Quick Read: What lawyers need to know about new witness statement preparation rules
Disputes Quick Read: Should you still choose the English courts to have jurisdiction in your international contracts after Brexit?
by Tim Strong
Disputes Quick Read: Privilege lost in the EU post-Brexit (with exceptions)
Disputes Quick Read: Law on interest applicable to US dollar awards reaffirmed
Disputes Quick Read: Care required when drafting SPA claim notices
by Multiple authors
Disputes Quick Read: Why the modernised LCIA rules are a welcome update
by Nick Storrs
Disputes Quick Read: The latest on Unexplained Wealth Orders
by Multiple authors
Disputes Quick Read: COVID-19 and supply chain disruption – key issues
by Multiple authors
Disputes Quick Read: High Court orders parties to explore options for 5-week remote trial
Disputes Quick Read: Tomlin Orders – ensuring the confidentiality of settlement terms
by Multiple authors
Disputes Quick Read: UK's OFSI fines Standard Chartered Bank £20 million for sanctions breaches
Disputes Quick Read: A different approach to witness evidence
by James Bryden
Disputes Quick Read: Coronavirus - a growth in virtual courts?
by Stuart Broom
Disputes Quick Read: Embracing remote hearings – the experience to date
by Multiple authors
Disputes quick read: climate change activism by litigation
Disputes Quick Read: Will the civil justice system change forever post COVID-19?
Disputes Quick Read: Retailers reign supreme in Visa and Mastercard proceedings
Disputes Quick Read: Scope of duty and the SAAMCo counterfactual following Manchester Building Society
Disputes Quick Read: Facilitating transactions in cryptoassets - Lord Leggatt and the point of commercial law
by Stuart Broom
Disputes Quick Read: Privy Council clarifies the law on freezing injunctions in aid of foreign proceedings
Disputes Quick Read: Climate change litigation – what's the latest?
Disputes Quick Read: Court decisions on the Disclosure Pilot Scheme – the 2021 roundup
Disputes Quick Read: Assumption of responsibility - tax schemes and investors
Don't lose your keys: Bitcoin developers do not have a duty to assist owners in recovering lost cryptocurrency
Disputes Quick Read: Dealing in crypto? Be careful what you call it
by Multiple authors
Disputes Quick Read: ENRC prevails in claim against former solicitor
Disputes Quick Read: Judicial Review and Courts Act 2022 – now in force
Disputes Quick Read: what claims exist when a smart contract is breached?
by Emma Allen
Disputes Quick Read: Climate change litigation – successful challenge to government's Net Zero Strategy
Disputes Quick Read: Defining the duty - the limits of the responsibility assumed by professionals
by Stuart Broom
Disputes Quick Read: Disclosure - What information can be redacted?
Disputes Quick Read: New gateway for serving Norwich Pharmacal Orders and Bankers Trust orders out of the jurisdiction
Welcome news for those pursuing fraud claims in the English Courts
Disputes Quick Read: New obligations on cryptobusinesses to report under the UK sanctions regime
Related Insights
Disputes Quick Read: No dropping anchor – parent company liability for environmental claims
by Andrew Howell and Jessie Prynne
Disputes Quick Read: Privilege lost in the EU post-Brexit (with exceptions)
by Andrew Howell and Georgina Jones
FRC's Annual Enforcement Review 2020 – our thoughts
by Andrew Howell and Georgina Jones