The COVID-19 pandemic has caused unparalleled disruption to the judiciary, which has been presented with logistical hurdles as well as acute legal issues to tackle.
This article summarises some notable recent caselaw concerning the fallout from the pandemic. Broadly, the judiciary has adopted a strict but fair approach when parties have sought leniency due to the impact of COVID-19. Courts have not looked kindly on those who are seen to be unfairly capitalising on the disruption but, where merited, parties have been granted clemency.
The cases summarised below have been grouped into the following broad themes:
- Adjournments and extensions of time;
- Attempts to obtain "windfall" benefits;
- Insolvency matters; and
- Force Majeure.