How COVID‑19 Reshaped Legal Services in England and Wales

Family Law: Delays, Remote Hearings and New Pressures

Longer timelines and financial uncertainty

Lockdown brought some families closer together. It also intensified pressure for couples who wished to separate. Before the pandemic, a straightforward divorce could be completed within 6 months. Under the strained family court system, the timeline has stretched to 9 to 12 months, provided there are no disputes over children or finances.

Economic volatility made financial settlements more complex. House prices, pensions, stock values and business valuations fluctuated sharply. Some clients hesitated to proceed once they realised their assets were worth significantly less. Uncertainty slowed legal efficiency and made family work more time‑consuming.

Remote hearings and access to justice

The shift to remote hearings created new barriers. According to Rights of Women, many litigants struggled with technology. Difficulties included:

• Limited confidence using digital platforms
• Problems viewing documents while attending hearings
• Distractions at home
• Lack of private space

These issues affected parties’ ability to present their case clearly. When litigants cannot express themselves effectively through a webcam, the risk of unfair outcomes increases.

Child custody complications

Co‑parents faced additional burdens. Travel restrictions made contact arrangements harder to follow. Even legally binding orders became difficult to comply with. Video calls helped maintain contact but were emotionally demanding for parents and children.

Remote solutions were intended to support families, yet many proved ineffective or even detrimental. As COVID‑19 measures ease, family practitioners broadly welcome a return to in‑person processes.

Commercial and Corporate Law: Contractual Disputes and M&A Complexity

Paused decision‑making and new commercial disputes

During lockdown, many businesses paused decision‑making and reduced instructions. Commercial lawyers saw fewer enquiries and more disputes. Key issues included:

• Force majeure clauses
• Impossibility and impracticability
• Frustration of purpose

COVID‑19 became a complicating factor in almost every commercial relationship.

M&A disruption

Mergers and acquisitions were significantly affected. Buyers had to reconsider:

• Deals under negotiation
• Deals signed but not yet closed
• Exit rights and termination clauses

Uncertainty triggered complex lawsuits over whether COVID‑19 justified termination. Due diligence moved online, exposing businesses to cyberattacks and data breaches. Lawyers spent more time reviewing cybersecurity policies and risk controls.

Force majeure litigation

Many contracts did not explicitly list pandemics as force majeure events. Instead, they relied on broad terms such as “act of god”. This created disputes over whether COVID‑19 qualified.

In European Professional Club Rugby v RDA Television LLP (2022), the High Court held that the pandemic could amount to a force majeure event. The decision emphasised:

• The need for clear drafting
• The importance of defining termination triggers
• The requirement to prove a causal link between COVID‑19 and non‑performance

Force majeure clauses will likely be drafted more carefully in future agreements.

Employment Law: Redundancies, Inequality and Hybrid Working

Uneven impact across the workforce

COVID‑19 disrupted business operations and increased unemployment. Certain groups were disproportionately affected, including:

• Ethnic minority workers
• Women
• Young workers
• Low‑paid workers
• Disabled workers

Low‑paid workers were hit hardest because many of their roles could not be performed remotely. Women faced additional vulnerability due to gender inequalities and sector distribution.

Data from the Office for National Statistics shows:

• Women’s employment rate fell from 72.6% to 71.8% between October and December 2022
• Redundancies for women rose from 46,000 in early 2020 to 143,000 by the end of 2020, an increase of 212%
• In 2019, 57% of workers in sectors later shut down by the pandemic were women

Men were also affected. Their employment rate fell from 80.1% to 78.2% over the same period.

Furlough and redundancies

The furlough scheme supported millions of workers. However, many furloughed employees did not return to their roles. Companies facing reduced sales and increased costs turned to redundancy as a survival strategy.

P&O Ferries faced public criticism after making 786 redundancies in March 2022. The pandemic accelerated structural changes that disproportionately harmed vulnerable groups.

Hybrid working as the new normal

As restrictions eased, hybrid working became widespread. Remote technology strengthened connections between clients and firms. Hybrid working is likely to remain a permanent feature of the legal landscape.

The Future: Lessons and Opportunities

COVID‑19 reshaped legal practice across England and Wales. It exposed weaknesses, accelerated innovation and created new expectations for flexibility. The pandemic forced lawyers to rethink processes, technology and client care. By understanding these changes, firms can build stronger, more resilient services and implement industrial reforms that would have been unimaginable before 2020.