Court of Appeal sets out ‘cardinal points’ on remote hearings and approach to public law children cases – Local Government Lawyer

‘The Court of Appeal has handed down rulings in the first two appeals relating to the welfare of children to have reached the court on the issue of remote hearings during the COVID-19 pandemic.’

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Local Government Lawyer, 30th April 2020

Source: www.localgovernmentlawyer.co.uk

Publication and correction of judgments – official and unofficial sources – Transparency Project

Posted April 29th, 2020 in courts, internet, judgments, judiciary, Ministry of Justice, news, tribunals by sally

‘Who is responsible for publishing the official approved version of judgments of the courts? Where should we look to find the latest, in some cases corrected, version of a court judgment? These are not new questions, but the sudden swerve to virtual justice has thrown them into new focus.’

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Transparency Project, 29th April 2020

Source: www.transparencyproject.org.uk

Coronavirus could cause ‘unprecedented’ backlog of court cases – The Guardian

Posted April 29th, 2020 in barristers, budgets, coronavirus, courts, criminal justice, delay, news, prisons, statistics by sally

‘The coronavirus outbreak could lead to court case delays of up to six months and record prisoner numbers once the lockdown has been lifted, according to a leading Whitehall thinktank.’

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The Guardian, 29th April 2020

Source: www.theguardian.com

Remote hearings and inclusive justice – Transparency Project

‘How effectively are people with a cognitive impairment, mental health condition and/or neuro-diverse condition able to participate in proceedings in the justice system, particularly when they engage with that system via video or telephone link?’

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Transparency Project, 24th April 2020

Source: www.transparencyproject.org.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

Non-jury trials could help clear coronavirus backlog, says QC – The Guardian

Posted April 27th, 2020 in coronavirus, courts, criminal justice, delay, juries, news, trials by sally

‘Defendants should be allowed to opt for trial by judge rather than in front of a jury, a prominent human rights lawyer has proposed, as a means of partially restarting the criminal justice system.’

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The Guardian, 26th April 2020

Source: www.theguardian.com

Judiciary sets up working party to bring back jury trials – Law Society’s Gazette

Posted April 24th, 2020 in coronavirus, courts, health, health & safety, judiciary, juries, news, trials by sally

‘The prospect of jury trials restarting has come closer with news that the judiciary has set up a working party to consider how they can be brought back as soon as it is safe to do so. The news comes shortly after lord chancellor Robert Buckland said he wanted jury trials back up and running as quickly as possible.’

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Law Society's Gazette, 24th April 2020

Source: www.lawgazette.co.uk

EHRC warning on use of video hearings in criminal cases – Legal Futures

‘The Equality and Human Rights Commission (EHCR) has called on the government to take action to reduce the risk of disabled people being wrongly convicted because of video hearings in criminal cases.’

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Legal Futures, 24th April 2020

Source: www.legalfutures.co.uk

Access to justice in remote hearings in the Court of Protection and Family Courts – Spire Barristers

‘The Lord Chief Justice, the Master of the Rolls and President of the Family Division have written to Circuit and District Judges of the Civil and Family Courts to record their appreciation for the efforts being made across all parts of the judiciary to adapt to new styles of working during the pandemic. They observe that there has been a great deal that has been learned quickly about the practical benefits and limitations of conducting hearings remotely and extensive materials and support have been shared across the legal community to facilitate such hearings being undertaken.’

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Spire Barristers, 20th April 2020

Source: spirebarristers.co.uk

Court hearings via video ‘risk unfairness for disabled people’ – The Guardian

‘Remote video trials could disadvantage people with learning disabilities, the equalities watchdog has warned, as courts switch to online hearings during the coronavirus crisis.’

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The Guardian, 22nd April 2020

Source: www.theguardian.com

Covid-19 testing extended to frontline court staff and judges – Law Society’s Gazette

‘HM Courts & Tribunals Service says decisions on personal protective equipment are in line with official guidance following enquiries by the Gazette about what measures are being taken to protect staff at courts being kept open during the pandemic.’

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Law Society's Gazette, 21st April 2020

Source: www.lawgazette.co.uk

The Impact of Coronavirus on Winding Up Petitions – 3 Hare Court

‘Coronavirus has affected both the functioning of businesses and the Courts. In these unprecedented times, how are the Courts dealing with the hearings of winding up petitions?’

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3 Hare Court, 14th April 2020

Source: www.3harecourt.com

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

Socially distanced courts for the digitally excluded – Transparency Project

Posted April 21st, 2020 in coronavirus, courts, equality, internet, live link evidence, news by sally

‘We have heard a lot about how the courts are responding to the coronavirus pandemic by conducting hearings online instead of in a physical court room. But while hearings by Skype and Zoom enable participants to maintain social distancing and avoid the risks of contagion, they may not work for everyone. Is there another way of delivering justice to the digitally excluded?’

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Transparency Project, 19th April 2020

Source: www.transparencyproject.org.uk

Remote Hearings: A Practical Guide to Case Management – 3PB

‘It is a brave new world. The lockdown brought about by the coronavirus crisis is forcing the hand of our infamously old-fashioned profession to adapt quickly or lose myriad court dates; leaving our clients without satisfactory and timely resolutions to their disputes.’

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3PB, 19th April 2020

Source: www.3pb.co.uk

The impact of Coronavirus, part 4: developments in extradition – 6KBW College Hill

Posted April 20th, 2020 in chambers articles, coronavirus, courts, extradition, live link evidence, news by sally

‘Necessity is the mother of invention. Never has the English proverb been proved so true as with the rapid deployment of video link technology in the court system following the coronavirus (COVID-19) pandemic and consequent reduction of in-person hearings. This post considers the developments applicable to extradition proceedings; the current arrangements for hearings, appeals and removal; and the potential impact of the pandemic on the bars to extradition and bail applications.’

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6KBW College Hill, 7th April 2020

Source: blog.6kbw.com

Business as usual? Early lessons learnt in handling litigation remotely – Hardwicke Chambers

‘The phrase “business as usual” has become cliché overnight. Hardwicke’s CDR team is attending hearings, drafting and advising and just as before. But, as regards litigation, the phrase is not wholly accurate. The courts are not operating as usual, solicitors and barristers are working remotely, and it’s not yet clear how the current crisis will impact the commercial litigation market. From that perspective the situation is very unusual.’

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Hardwicke Chambers, 20th April 2020

Source: hardwicke.co.uk

James Wilson discusses the Temporary Insolvency Practice Direction 2020 (“TIPD”) – Park Square Barristers

‘On 6th April 2020 the TIPD came into force. It implements a number of changes and supplements to the Practice Direction – Insolvency Proceedings July 2018. The purpose is to avoid, where possible, parties attending court in person and the likely disruption in proceedings as a result of the COVID-19 pandemic.’

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Park Square Barristers, 8th April 2020

Source: www.parksquarebarristers.co.uk

“Justice in the time of Coronavirus”: Considering Diplock Courts and Majority Verdicts in light of COVID-19 – Thomas More Chambers

Posted April 20th, 2020 in chambers articles, coronavirus, courts, juries, news, trials by sally

‘The coronavirus (COVID-19) and the government “lockdown” has bought about interesting times and the Coronavirus Act 20201, in particular ss.53-57 (with Schedules 23-27).’

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Thomas More Chambers, 15th April 2020

Source: www.thomasmore.co.uk

The impact of Coronavirus, part 2: attending hearings in the Crown Court remotely – 6KBW College Hill

‘On 25 March 2020, the Coronavirus Act 2020 (‘the 2020 Act’) was given Royal Assent. Most of its provisions came into force immediately (s. 87). Almost all of them will expire within two years (s. 89). As an additional safeguard, Parliament is required to conduct a review of the legislation every six months (s. 98). The 2020 Act has, at least for the time being, radically changed the appearance of proceedings in the Crown Court: there will now be hearings where neither the parties nor the judge will actually be in court at all.’

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6KBW College Hill, 2nd April 2020

Source: blog.6kbw.com