Dispute Resolution and Litigation: Related Insights

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Employers' liability claims for COVID-19 in the workplace: are the floodgates opening?

25 Jun 2020
The coronavirus pandemic is likely to throw up some interesting challenges for employers and their liability insurers. How are the courts likely to approach the novel situation where employees may seek to claim for injuries arising through exposure to COVID-19 in the workplace, and how can employers and their insurers take steps to protect themselves from a tidal wave of claims?
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Transport operators and COVID-19: managing the risk of injury claims

18 Jun 2020
The UK Government has underlined the central role transport operators will have in the reopening of the UK economy as COVID-19 lockdown restrictions are eased by publishing detailed guidance in the form of 'Coronavirus (COVID-19): Safer Transport Guidance for Operators'. But it is clear that the process of returning to normality will be a gradual one. There are also risks for transport operators including potential claims from employees and passengers as a result of injuries allegedly caused by exposure to COVID-19. We examine the guidance and consider what transport operators should do to manage the personal injury liability risks.
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Housing and modern methods of construction post COVID-19

09 Jun 2020
The construction sector is fundamentally important to the UK economy. Often cited as the barometer of economic conditions, it contributes around £90bn and provides approximately 10% of total UK employment. In recent months, the sector has found itself subject to a somewhat surprising level of media scrutiny. Initially, there was a focus on the construction of new hospitals, vaccine centres and other structures dedicated to fighting the spread of the COVID-19 pandemic.

Flying on Red Bull's wings

09 Jun 2020
In a recent case involving the globally-renowned energy drinks manufacturer, the High Court held that a director (who acted mainly as a litigant in person) was jointly liable for acts of trade mark infringement committed by the company.
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Surrenders and vacant possession – one without the other?

04 Jun 2020
The recent case of Dreams Limited -v- Pavilion Property Trustees Limited (May 2020) provides important lessons for landlords and tenants who have agreed a surrender of a lease. The principal issue in the case was whether, the tenant having agreed the surrender would be with vacant possession (VP), the landlord could refuse to accept the surrender unless and until VP had been given.
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FCA updates on Business Interruption Test Case

02 Jun 2020
We previously reported on FCA's intentions to bring a test case to obtain court declarations that would help resolve contractual uncertainty in several business interruption policies, stemming from claims relating to COVID-19. On 1 June, it confirmed the results of its enquiries to date, and its next steps.