310 LEGAL IMPACTS OF COVID-19 IN THE TOURISM INDUSTRY remained open, and the government and senior judiciary vowed that the courts would continue to conduct hearings. In the days and weeks that followed, it became increasingly clear that it would not be possible to conduct court business as usual. Gatherings of more than two people who were not from the same household were not permitted, and jury trials had to be stopped. Many court staff were unavailable for work, either because they were particularly vulnerable to the virus or because they had to remain at home to look after their children, whose schools had been closed. The government confirmed that those concerned in running the criminal and civil justice systems were designated key workers whose children could attend school. However, the senior judiciary and the Designated Civil Judges for the regions of England and Wales were producing guidance 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 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 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 13rd of April, the following:
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