At the end of April 2020 Lord Neuberger of Abbotsbury featured on the BBC Radio 4’s Today programme speaking of the need to prepare for a large number of cases which may arise from the Covid-19 pandemic and clog up the system. He spoke of needing to look for a global solution and the need for speed. ‘Instead of going to court and having an expensive and uncertain piece of litigation’ Lord Neuberger suggested that, ‘parties may be sensible to consider mediation. A sort of organised settlement discussion trying to come to an amicable arrangement which may not be an outcome which the law would provide but may be a sensible, practical arrangement which can be arrived at quickly.’

Comments from the interview came from a concept note which was agreed at a meeting held by BIICL of former Presidents of The UK Supreme Court, Lord Phillips and Lord Neuberger, as well as Sir David Edward, Sir William Blair, Professor Spyros Maniatis, Professor Malik Dahlan and Keith Ruddock.

This note called for ‘breathing space’ in commercial contract disputes arising from the current Covid-19 pandemic. The full concept note can be found here.