As the world continues to adapt to the so-called "new
normal" following the unprecedented challenges brought about
by the COVID-19 pandemic, one key question that is being asked time
and time again: what does this mean for me and my business?
In terms of dispute resolution and litigation practice, it is
clear that the pandemic has not stopped individuals or companies
from filing actions with the courts. In Guernsey this is known as
"tabling the cause", pursuant to Section 10(1) of the
Royal Court Civil Rules, 2007 (RCCR).
A number of trends, however, have started to emerge in terms of
the types of litigated disputes that are likely to arise out of the
pandemic. What is particularly interesting is how the novel nature
of COVID-19 has resulted in different trends emerging compared to
those experienced previously, such as the litigation that followed
the global financial crisis of 2008.