Coping with Remote Hearings – Falcon Chambers

‘At the turn of the new year it would have been unthinkable to suggest that in just three months the majority of the courts in England and Wales would be closed, that is, at least in the physical sense. In the wake of Covid-19 the Courts have remained open for business however, most of that business is now being conducted in the virtual realm. From online mediations and applications to full-blown witness actions, this is a brave new world for most practitioners, particularly those in civil law, who are used to lugging paper-laden suitcases up and down the various Courts in the land.’

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Falcon Chambers, 6th April 2020

Source: www.falcon-chambers.com

Conducting winding up petitions on Skype – Hardwicke Chambers

Posted April 17th, 2020 in chambers articles, coronavirus, courts, live link evidence, news, winding up by sally

‘While in previous weeks the winding up petition list has been adjourned for a minimum of three months, this week’s list was successfully conducted by Skype. This article discusses how the hearings worked.’

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Hardwicke Chambers, 2nd April 2020

Source: hardwicke.co.uk

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

COVID-19 and remote trials – 4 New Square

Posted April 17th, 2020 in chambers articles, coronavirus, courts, live link evidence, news, trials by sally

‘The first judgment has now been reported on the effect of COVID-19 on a forthcoming trial. In Re One Blackfriars Ltd, Hyde v. Nygate [2020] EWHC 845(Ch), John Kimbell QC, sitting as a Deputy High Court judge, refused to adjourn a trial due to start in June but ruled that it should proceed remotely by video-link.’

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4 New Square, 14th April 2020

Source: www.4newsquare.com

Judges cannot be expected to undertake their full list remotely: senior members of judiciary warn – Local Government Lawyer

Posted April 16th, 2020 in coronavirus, courts, judges, judiciary, live link evidence, news, trials by sally

‘All judges and leadership judges need to recognise that doing as much as possible remotely “does not mean, and cannot mean, trying to do everything remotely”, there senior members of the judiciary have warned.’

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Local Government Lawyer, 15th April 2020

Source: www.localgovernmentlawyer.co.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, 14th April 2020

Source: www.3pb.co.uk

The impact of Coronavirus, part 1: trial by jury during a pandemic – 6KBW College Hill

‘Covid 19: the current situation is so fast moving that anything written will almost inevitably be out of date by the time it is typed. However, following the effective “lock down” from 8.30pm on 23 March 2020 it may be that there are fewer further changes until restrictions can be eased, and it is useful to reflect on the effect so far.’

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6KBW College Hill, 30th March 2020

Source: blog.6kbw.com

Virtual Hearings from a Practitioner’s Perspective – 23 Essex Street

‘Arnold Ayoo shares some observations and tips following his first online hearing, a High Court Appeal before Freedman J.’

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23 Essex Street, 14th April 2020

Source: www.23es.com

Making Remote Hearings Work – St John’s Chambers

‘A broad experience is building up among advocates with the use of remote hearings. Although many courts are still using telephone links (and for many litigants who do not have access to more sophisticated technology, this will remain the default medium) the use of video links is becoming more of a normal experience.’

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St John's Chambers, 8th April 2020

Source: www.stjohnschambers.co.uk

Suspects to avoid criminal charges in UK during Covid-19 crisis – The Guardian

‘Suspected offenders are set to avoid criminal charges under unprecedented new guidance to ease the burden on the justice system during the coronavirus outbreak.’

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The Guardian, 14th April 2020

Source: www.theguardian.com

Judges warn over parties’ conduct in remote hearings – Litigation Futures

‘Courts and tribunals have made “remarkable” progress in dealing with remote hearings during the coronavirus crisis, but there are concerns about the behaviour of parties, the senior judiciary has said.’

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Litigation Futures, 15th April 2020

Source: www.litigationfutures.com

Use of Artificial Intelligence by the Judiciary in the Face of COVID-19 – Oxford Human Rights Hub

‘As one of the measures to prevent the spread of the new coronavirus, courts in major parts of the world are delaying trials and temporarily closing doors. While the move is reasonable in the face of the pandemic, the process could leave some cases in limbo for weeks, if not months. In the criminal context, this could be a huge barrier to access to justice for victims and in securing the rights of the accused. The Chief Justices of various judicial systems have issued guidance to trial courts seeking emergency orders to adjust or suspend court operations in light of the pandemic. In addition to these measures, new AI-based systems may prove helpful during these times and should, where available, be used to secure access to justice.’

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Oxford Human Rights Hub, 9th April 2020

Source: ohrh.law.ox.ac.uk

Remote Justice : A Judge’s perspective – Transparency Project

‘There is no question that remote hearings are a good means of ensuring the continued delivery of the decision-making element of the family justice system. It is amazing that we can do it at all and it is great that we can. But doing so in this way is at the cost of our ability properly to connect to one another, and judges like me are compromised in their ability to conduct hearings with the empathy, fairness, understanding and compassion that is rightly valued as an essential element of the Family Court. I appreciate that in order to deliver justice in the time of Covid-19 we must accept compromise. I wanted to share my experiences however, as there have been times that the extent to which I have felt constrained has been uncomfortable, and I worry about the impact on the parties, and the wider goal of delivering justice fairly. Even though huge progress has and will continue to be made in improving remote hearings, we will be working under the effects of Covid-19 for many months yet to come. I am concerned about the responsibility that will continue to fall on judges for deciding what cases are to be heard or not, and for setting the terms of reference for what constitutes a fair hearing in the time of Covid-19.’

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Transparency Project, 7th April 2020

Source: www.transparencyproject.org.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

The Bar in the time of coronavirus – Counsel

Posted April 2nd, 2020 in barristers, coronavirus, courts, live link evidence, news, remote hearings by sally

‘The Bar… will it ever be the same again? Melanie Tether and Nadia Motraghi consider some of the immediate challenges – how to assess the suitability of an individual case for a remote hearing; how to ensure full participation of all parties so that cases are dealt with justly, as well as on an equal footing; and how to enable open justice.’

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Counsel, April 2020

Source: www.counselmagazine.co.uk

The impact of Coronavirus, part 1: trial by jury during a pandemic – 6KBW College Hill

‘Covid 19: the current situation is so fast moving that anything written will almost inevitably be out of date by the time it is typed. However, following the effective “lock down” from 8.30pm on 23 March 2020 it may be that there are fewer further changes until restrictions can be eased, and it is useful to reflect on the effect so far.’

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6KBW College Hill, 30th March 2020

Source: blog.6kbw.com

Network of priority courts launched for essential face-to-face hearings – Local Government Lawyer

Posted March 31st, 2020 in coronavirus, courts, health, health & safety, live link evidence, news, tribunals by sally

‘The Ministry of Justice, HM Courts and Tribunals Service and the judiciary have created a network of 157 priority courts and tribunal buildings that will remain open for essential face-to-face hearings during the coronavirus pandemic to make sure the justice system continues to operate effectively.’

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Local Government Lawyer, 30th March 2020

Source: www.localgovernmentlawyer.co.uk

Lawyers and HMCTS launch remote hearings resource – Legal Futures

Posted March 30th, 2020 in coronavirus, courts, live link evidence, news, remote hearings by sally

‘A project has gone live enabling the global justice community to share experiences of developing remote alternatives to physical court hearings in the wake of the coronavirus pandemic, spearheaded by Professor Richard Susskind.’

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Legal Futures, 30th March 2020

Source: www.legalfutures.co.uk

Remote justice: a family perspective – Transparency Project

‘On Tuesday 17 March 2020, less than 24 hours after the Prime Minister’s announcement to the nation to avoid all non-essential contact due to COVID-19, I attended the first entirely remote hearing for the Court of Protection. I was there in a voluntary, non-official capacity to support someone I’ll call “Sarah”, whose father was at the centre of a serious medical treatment case.’

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Transparency Project, 29th March 2020

Source: www.transparencyproject.org.uk

Majority of courts to close from Monday – Litigation Futures

Posted March 30th, 2020 in coronavirus, courts, health, health & safety, live link evidence, news, tribunals by sally

‘Fewer than half of courts and tribunals will remain open for face-to-face hearings as part of efforts to maintain a “core justice system focused on the most essential cases”, the government has announced.’

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Litigation Futures, 27th March 2020

Source: www.litigationfutures.com