Has coronavirus changed the UK justice system for ever? – The Guardian

‘The pandemic has led to big changes in trials, many of of which are likely to be permanent.’

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The Guardian, 24th May 2020

Source: www.theguardian.com

Remote hearings in civil cases cannot just become ‘new normal’ – Litigation Futures

Posted May 21st, 2020 in civil justice, coronavirus, Law Society, news, remote hearings by sally

‘It is “vitally important” that remote hearings are not accepted as the “new normal” in the civil courts after the coronavirus pandemic passes without substantial work on the quality of justice delivered, the Law Society has warned.’

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Litigation Futures, 21st May 2020

Source: www.litigationfutures.com

Civil Justice Council Rapid Consultation: The impact of COVID-19 measures on the civil justice system – Transparency Project

Posted May 20th, 2020 in civil justice, consultations, coronavirus, courts, news, remote hearings by sally

‘Following the rapid consultation on the use of remote hearings in the family justice system, undertaken by the Nuffield Family Justice Observatory at the request of the President of the Family Division, the Civil Justice Council have now embarked on a similar consultation in relation to the civil courts.’

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Transparency Project, 19th May 2020

Source: www.transparencyproject.org.uk

“Justice Delayed is Justice Denied” The Covid-19 Effect – St Ives Chambers

‘Conducting litigation in lockdown is presenting a number of challenges for civil litigators. The shift, practically overnight, to remote working is requiring lawyers to rapidly adapt their ways of working. The word from the top is that the wheels of justice must continue to turn. The default position now is that hearings should take place remotely wherever possible.’

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St Ives Chambers, 27th April 2020

Source: www.stiveschambers.co.uk

CJC launches ‘rapid review’ of remote hearings – Litigation Futures

‘The Civil Justice Council (CJC) has launched a “rapid consultation” on how the spread of Covid-19 has changed the civil justice system, particularly with the swift expansion of remote hearings.’

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Litigation Futures, 4th May 2020

Source: www.litigationfutures.com

Court hearings running at half pre-virus level – Legal Futures

‘The courts and tribunals in England and Wales are now conducting almost half as many civil and criminal hearings as they did before the coronavirus crisis, a justice minister said yesterday.’

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Legal Futures, 5th April 2020

Source: www.legalfutures.co.uk

Civil and family cases being adjourned “for no apparently good reason”: Bar Council – Local Government Lawyer

‘Many civil and family cases are being adjourned “for no apparently good reason”, the Chair of the Bar Council, Amanda Pinto QC, has claimed.’

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Local Government Lawyer, 28th April 2020

Source: www.localgovernmentlawyer.co.uk

Judges back guidance for remote detailed assessment hearings – Litigation Futures

‘Guidance on the conduct of remote detailed assessments (DAs) has been produced to get the system moving during the lockdown.’

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Litigation Futures, 23rd April 2020

Source: www.litigationfutures.com

Recovering Inquest Costs in Subsequent Civil Proceedings – Ropewalk Chambers

Posted April 24th, 2020 in chambers articles, civil justice, costs, inquests, negligence, news, proportionality by sally

‘The basic position is well-known: in principle, the costs of an inquest are recoverable in a subsequent clinical negligence claim. The leading case in this regard, also well-known, is Roach -v- Home Office [2010] QB 256.’

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Ropewalk Chambers, April 2020

Source: www.ropewalk.co.uk

Civil Procedure, Litigation and the Coronavirus (Part 3) – Blackstone Chambers

‘In the final part of our three-part mini-series: Civil Procedure, Human Rights and the Coronavirus, we consider how litigators may use the civil procedure rules to drive litigation forward in the time of coronavirus.’

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Blackstone Chambers, 14th April 2020

Source: coronavirus.blackstonechambers.com

Civil Procedure, Human Rights and the Coronavirus (Part 2) – Blackstone Chambers

‘The first article in this mini-series addressed the current position taken by Courts, Tribunals and other relevant bodies and key issues for litigators. Following the present article, the final instalment will be entitled “Civil Procedure, Litigation and the Coronavirus”.’

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Blackstone Chambers, 23rd March 2020

Source: coronavirus.blackstonechambers.com

Civil Procedure, Human Rights and the Coronavirus (Part 1) – Blackstone Chambers

‘In light of the COVID-19 outbreak and the protective measures which the UK government has introduced, litigators across the country are asking one burning question: will hearings go ahead, and if so how?’

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Blackstone Chambers, 18th March 2020

Source: coronavirus.blackstonechambers.com

Limitation and Time Limits in Civil Litigation: Implications of Covid 19 – 23 Essex Street

‘Whilst legislation is being rushed through dealing with significant aspects of work undertaken by the legal profession, addressing major societal issues such as housing, crime and the need to conduct hearings remotely, there are many more areas directly impacted by the current circumstances that have not / cannot be legislated for. This article considers the effect of the pandemic on statutory limitation periods and applications for relief from sanctions.’

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23 Essex Street, 9th April 2020

Source: www.23es.com

MR backs review of guideline hourly rates – Litigation Futures

Posted April 17th, 2020 in civil justice, costs, fees, news, solicitors by sally

‘The Civil Justice Council (CJC) has been tasked with reviewing the guideline hourly rates (GHR), it has emerged, with costs specialists urging it to revert to the old system of setting them locally.’

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Litigation Futures, 17th April 2020

Source: www.litigationfutures.com

Corporate failure to prevent abuses – Law Society’s Gazette

‘While debate rumbles on over the extension of ‘failure to prevent’ offences into the broad spectrum of financial crime, including fraud and money laundering, some have called for their introduction into an altogether different sphere: human rights.’

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Law Society's Gazette, 6th April 2020

Source: www.lawgazette.co.uk

Delivering justice during the COVID-19 pandemic – Courts and Tribunals Judiciary

‘Maintaining access to justice and enabling people to exercise their rights and have effective participation in the legal system has never been more important than now. The judiciary are quickly adapting their ways of working to deliver justice during the coronavirus pandemic.’

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Courts and Tribunals Judiciary, 3rd April 2020

Source: www.judiciary.uk

Coronavirus and Public Civil Hearings – Blackstone Chambers

Posted March 31st, 2020 in chambers articles, civil justice, coronavirus, news by sally

‘This piece, by Thomas de la Mare QC, considers how open civil justice, and in particular public hearings, will work in the coronavirus era.’

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Blackstone Chambers, 30th March 2020

Source: www.blackstonechambers.com

Open justice direction published for remote hearings – Litigation Futures

‘A new practice direction clarifying when civil courts may derogate from the principle of open justice to conduct hearings remotely in private has been published today.’

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Litigation Futures, 25th March 2020

Source: www.litigationfutures.com

Mediation – a way forward? – Becket Chambers

Posted March 23rd, 2020 in chambers articles, civil justice, dispute resolution, news by sally

‘Why, you may be wondering, would a barrister with 28 years’ experience of civil litigation and the adversarial process want to talk about mediation? Surely the whole purpose of barristers, and indeed lawyers, is to let people have their day in court and to demolish the “other side”?’

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Becket Chambers, 2nd March 2020

Source: becket-chambers.co.uk

Final hearings to go online “very shortly”, says Lord Chief – Litigation Futures

‘Final hearings and hearings with contested evidence in civil and family cases will “inevitably” be conducted using technology very shortly, the Lord Chief Justice has warned.’

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Litigation Futures, 19th March 2020

Source: www.litigationfutures.com