We can all see what a massive challenge is being placed on the NHS (and indeed on health services around the world) from Covid 19. But is this health problem heavily impacting the law? It certainly is! We’ve already written about force majeure but here is a quick overview of some of the other areas impacted.

Corporate insolvency – it is currently much more difficult to see whether a company is solvent and able to trade – things might look pretty bleak, but perhaps government support might mean that directors need not pull the plug quite so quickly as would otherwise have been the case. And if the company isn’t actually trading then perhaps it can’t be trading while insolvent?

SRA rules – some law firms are going to have difficulties meeting SRA rules on document filing etc. While the SRA has not loosened its requirements, it has said that it will consider reasons for default and has advised all firms to keep careful records demonstrating why any defaults occur.

Limitation periods – it might not be possible to get legal proceedings issued before a limitation period expires. The Association of British Insurers has come up with an extension to its protocol allowing an agreement to freeze limitation periods with an escalation process if this cannot be agreed between parties.

Personal Injury claims – in some cases the outcome is going to be affected by Covid 19. It is possible that the virus will cause premature death for some plaintiffs whose condition is as a result of a tortious act. This will impact compensation claims.

Court hearings – increasing numbers of cases are being managed by way of remote hearing. Will this continue when the pandemic is over? Would that be a good thing or a bad thing?

Service of proceedings – a word of warning. There has been no change to the provisions on deemed service. It behoves everyone currently not attending business premises to make some arrangements regarding post. This is probably something that it’s easy to forget in the stampede to become familiar with Zoom, Skype or whatever other virtual platform organisations are using to stay in touch.

Evictions – the government has banned the eviction of commercial tenants unable to pay rent because of the virus outbreak. Similar protection for individual tenants exists. Meanwhile landlords will get a three month mortgage holiday if their tenants have been negatively impacted financially as a result of Covid 19. The government expects landlords and tenants to work together once things return “to normal” to find affordable packages for the repayment of arrears.