Disruptive Asset Finance – Autumn 2020

Welcome to the Autumn edition of Disruptive Asset Finance.

COVID-19 is still prevalent and having a major impact throughout all industries as well as our personal lives. It is unsurprising therefore that it is continuing to have a major impact in both procedural law and substantive law. We are also approaching the end of the Brexit transition period and that cannot be ignored either.

In this issue myself and Christie Johnson look at our own personal experiences of mediations we have conducted via video conferencing platforms and Ed Halden helps share the experience of preparing for and attending a virtual court. These adaptions ensure that cases continue and that justice is done during the pandemic. Greg Hughes explores the impact of the new Corporate Insolvency and Governance Act and the termination of supply contracts due to insolvency and Maz Rahmati reminds us of the COVID-19 restrictions relating to winding up. Judgment has been given in the Financial Conduct Authority’s court action on business interruption insurance and Richard Moore and Cathy Harris lead us through some of the issues raised in the weighty 162 page decision. Finally, as we creep closer to the end of the year, Peter Brewer discusses some of the ways in which more time might be achieved to ensure a smoother path out of EU membership.

John Flint

In this edition

Justice by way of a video conference hearing

The coronavirus pandemic has forced the courts to grapple with technology to ensure that hearings are not adjourned while courts buildings remain inaccessible. Read more

COVID-19 and winding up petitions

The temporary prohibition on the winding up of companies was due to expire on 30 September 2020. It was anticipated that if no extension were provided, the courts would face a significant backlog as creditors, who have been restrained for several months, started taking action. Read more

Termination of supply contracts due to insolvency

On 25 June 2020 the Corporate Insolvency and Governance Act (CIGA) received royal assent and came into effect on 26 June 2020. Read more

Personal experiences of a remote mediation

Mediation is one of the most commonly recognised and used forms of alternative dispute resolution (ADR) which involves an independent third party (the mediator) who seeks to assist the parties to come to an agreement to resolve their dispute. Read more

Brexit where are we now!

Having left the EU on 31 January 2020 the UK’s transitional period will shortly be over. It is due to expire on 31 December 2020. For many businesses COVID-19 has put preparing for this day on the back-burner. Read more

Further analysis: Judgment handed down in FCA’s business interruption test case

The Commercial Court (the “Court”) handed down judgment in the COVID-19 business interruption (“BI”) insurance test case involving eight of the UK’s largest insurers on 15 September 2020. Read more