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

representatives would have a longer period within which to consider their response to any claims which were issued and served. In the author’s view, this was an eminently sensible approach. It was in nobody’s interests for Claimants’ solicitors to be forced to issue claims whilst still becoming familiar with the logistics of remote and flexible working; or, indeed, for Defendants’ solicitors to have to file and serve Defences while their clients, particularly those based overseas, might be struggling with the same issues, and, in the case of those based in the hardest-hit areas, with even more pressing difficulties. 1.2. The Amendment to the Civil Procedure Rules The Civil Procedure Rules are, as the name suggests, a set of procedural rules governing the pre- and post-issue conduct of civil claims. On 2 nd April, new Practice Direction 51ZA came into force. The Rules Committee, charged with updating the rules in the context of an unprecedented pandemic, acknowledged with the amendment that the restrictions in working and movement of people, procedural steps were likely to take longer. In essence, it was inevitably taking longer to get instructions, obtain disclosure and arrange expert appointments, when most people were practising social distancing and working from home without necessarily having ready access to documents. At the same time, getting the court to approve extensions was likely to be an even slower process because of the backlog of cases building up due to some court closures and lack of staff. The new rule extended the maximum extension of time for compliance with court rulings and directions that parties could agree between themselves from 28 days to 56 days. The Practice Direction instructed judges, “in so far as compatible with the proper administration of justice” to “take into account the impact of the COVID-19 pandemic” when hearing applications for relief from sanctions, extensions and adjournments. In particular, in the light of the pandemic, those representing foreign entities such as accommodation or other suppliers of package holiday components would have good grounds for requesting, or applying for, an extension of time to provide disclosure or witness statements. In some cases, the entire country in which the supplier is located is in lockdown; in many others, all touristic establishments have been closed. It would be entirely unreasonable to expect litigation requiring the input of these establishments to continue as usual, and it is thought that legal representatives would have an overwhelmingly sympathetic hearing if they were to have to apply for an extension, as a result of COVID-19 related delays, necessitated by measures taken to contain the crisis in foreign countries (or indeed within the UK). The new Practice Direction expressly states that it will cease to have an effect, on 30 th October 2020; but if the pandemic continues to affect the conduct of litigation beyond that point, it may well be extended further.