The Legal Impacts of COVID-19 in the Travel, Tourism and Hospitality Industry

on an almost daily basis, some of it contradictory. Solicitors began to work remotely, with less access to paper files, and the Bar Council advised barristers not to attend court unless they were satisfied that their health would not be compromised. The situation was fluid, to say the least, but throughout the courts officially remained open. On 27 th March, the Prime Minister of the UK, Boris Johnson, tested positive for the virus. By that time, some kind of order had been restored to the court system of England and Wales, measures had been put in place to ameliorate the dilemmas faced by litigators, and the civil courts had begun to triage and prioritise hearings. In the following weeks, litigators gradually adapted to the ‘new normal’. It remains to be seen whether the court system will ever revert to the ‘old normal’. 1.1. The Voluntary Agreement The first development which eased the strain on litigators was a sensible voluntary agreement between the Association of British Insurers and several high profile solicitors representing Claimants. On 25 th March, they announced that they had agreed on a new Extension to the Personal Injury Pre-Action Protocol, which governs the pre- issue conduct of personal injury claims in the English courts. The voluntary Extension reads as follows: “ Extension to the Personal Injury Protocol in England and Wales A protocol is agreed and immediately put into effect. This will involve, for a minimum of 4 weeks (until the 20th of April) with a joint review in the week commencing the 13th of April, the following: 1. An agreement that all limitation dates in all personal injury cases are frozen and claimants undertake to respond constructively to defendant requests for extension of time to serve a Defence; 2. An escalation process whereby any issue arising by a party’s failure to act in accordance with the agreement in 1. above and which cannot immediately be resolved between the parties is referred to an email and/or telephone ‘hotline’ specifically established for this situation; and 3. A commitment that the email and telephone hotline will be monitored regularly and referred to senior people within the respective organisations who will be able to make a swift decision as to whether the stance being taken should be adjusted in light of prevailing circumstances. ”. The reasoning behind the Extension is clear. The more challenging the times, the greater the need for co-operation between parties; and these were undoubtedly challenging times. The signatories to the Extension agreed to put aside any differences they might have, and, in exchange for an agreement to allow those representing Claimants more time, in which to consider whether to issue proceedings, Defendants’