What are the legal issues being faced post-lockdown?

By Amanda Hamilton, Chief Executive of the National Association of Licensed Paralegals (NALP)

Lockdown put restrictions on how we were able to spend money. For a while there was no retail therapy (supermarkets don’t count), no dining out (standing outside the chip shop waiting for your order number to be called is not the same), and no clubbing (Zoom has its limitations). In fact, there were times when fun was as scarce as toilet roll! But as we shake off more aspects of lockdown, how many of us will be able to slip back into pre-pandemic spending patterns? A significant number of individuals and businesses are likely to be dealing with mental, physical, economical and legal issues.

Debt recovery and payment negotiation

Some debts may have been written off. Similarly, mortgage instalment holidays may have been granted to borrowers during lockdown. But now we are on the road to a complete easing of lockdown it’s likely many lenders will start to ask for the debts to be repaid. How will we cope with the consequences, if for example, mortgage lenders decide to pursue borrowers? Or banks decide to foreclose on debts? There may be a knock-on effect on businesses, if for example, invoices are not paid, or deliveries are not made.

So, I anticipate that we’ll see an increase in claims through the small claims court.

Employment issues

Our working lives will no doubt change. Some may be required to revert to travelling to work, but others will be asked to continue working remotely. Can your employer force you to continue working from home, or on the other hand, can they force you to return to the office if you are not comfortable doing so? This may be an employment law issue where both employees and employers need legal support and advice.

Employment law claims may arise as a result of safety issues such as an employer not insisting on social distancing or mask wearing, and an employee refusing to go to work as a result of this. Can the employer force the employee to come to work, or can the employee legitimately decline to do so. It may boil down to the clauses in the employee’s employment contract, or simply that the employer is being unreasonable. In either scenario, an employment tribunal case may ensue if the employee is dismissed, or if the employee brings a claim of constructive dismissal.

Litigation for breach of contract

There may well be an increase in civil litigation claims based on breaches of contract. For example, if a consumer purchases an item online from a business that relies on deliveries of materials, but the supplier hasn’t enough capital to purchase the materials in the first place, this could give rise to serial breaches of contract. Some may be legally enforceable, others may be covered by ‘force majeure’ clauses. And it is likely all will require some legal advice or support.

Landlord and Tenant

Tenants who can’t afford to pay their rent because they have lost their job, may find that they will be evicted if their landlord serves a Notice to Quit on them. With the eviction ban now over, we may see landlords look to reclaim properties from tenants who are severely behind on their rent or who are indulging in anti-social behaviour. Again, both parties are likely to need legal help in this situation.

In turn this could lead to an increase in numbers of homeless people needing welfare benefits and emergency housing.

Criminal behaviour and court backlogs

There may also be a rise in criminal activity as individuals become increasingly desperate and may resort to committing minor offences, such as shoplifting, to keep themselves afloat.

Throughout lockdown, the court system has clogged up due to the inability to have face-to-face hearings, and as a result of staff having to work remotely. The consequence of this being, that any potential case, be it civil or criminal, may affect the mental state of an individual, while they wait an overly long period of time for their case to be heard.

For some, Freedom Day was a reason to celebrate. For others, their post-Freedom Day world will be one dominated by legal issues: cases involving debts, employment law, breaches of contract, welfare and housing law and possibly an increase in criminal behaviour. If you are among those needing assistance, remember that you have options, including the paralegal profession, which can offer support and advice for clients who may not have the means to afford a solicitor.

ABOUT THE AUTHOR
Amanda Hamilton is Chief Executive of the National Association of Licensed Paralegals (NALP), a non-profit Membership Body and the only Paralegal body that is recognised as an awarding organisation by Ofqual (the regulator of qualifications in England). Through its Centres, accredited recognised professional paralegal qualifications are offered for a career as a paralegal professional.