‘Much has been said in relation to the steps being taken to keep the criminal and civil courts going, but what’s going on in the First-tier and Upper Tribunals, as well as before the Traffic Commissioners?’
Henderson Chambers, 20th April 2020
‘This is a serious FII case, and concerned care proceedings involving a 7 year old child. It was alleged that the mother had falsely made a number of damaging claims that her child was suffering from a myriad serious ailments and health conditions. This was all hotly disputed by the mother, so the case was fully contested. It had been fixed several months previously for a 15 days fact finding and disposal hearing before a Judge at Guildford Law Courts. Following the lockdown, the Judge had decided the case would proceed as a remote hearing using the Skype video platform.’
Garden Court Chambers, 22nd April 2020
Source: www.gardencourtchambers.co.uk
‘Whilst the civil courts adapt at short notice to working, by and large, remotely, invariably some hearings will continue for the foreseeable future to be adjourned to dates as yet unknown. In the circumstances, it might seem inevitable, or at least tempting (especially when many parties and their solicitors are faced with the difficulties associated with unexpectedly having to work from home at the same time as home schooling children), simply to wait on the court.’
Park Square Barristers, 22nd April 2020
Source: www.parksquarebarristers.co.uk
‘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.’
Legal Futures, 24th April 2020
Source: www.legalfutures.co.uk
‘Re P (A Child: Remote Hearing) (Rev 3) [2020] EWFC 32 is a decision of the President of the Family Division and Head of Family Justice, Sir Andrew McFarlane, about whether or not a 15 day trial should go ahead remotely. The trial was set down within care proceedings to determine very serious allegations that the mother had harmed her seven-year-old daughter by fabricating or inducing illness (known in the trade as FII).’
Transparency Project, 23rd April 2020
Source: www.transparencyproject.org.uk
‘In the second of two articles looking at the impact of coronavirus on international arbitration,[1] we consider the following two questions:
1. What challenges must arbitration overcome in order to fully adapt to the demands of remote working?
2. How, practically, can these challenges be met?’
39 Essex Chambers, 23rd April 2020
Source: www.39essex.com
‘The ongoing global pandemic created by Covid-19 (‘coronavirus’) has led to unprecedented restrictions on how we conduct our professional lives. In a matter of weeks, businesses around the world have had to make adjustments which, under different circumstances, would have been made over years – or not at all. The dispute resolution sector is no different.’
39 Essex Chambers, 20th April 2020
Source: www.39essex.com
‘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.’
Spire Barristers, 20th April 2020
Source: spirebarristers.co.uk
‘Remote video trials could disadvantage people with learning disabilities, the equalities watchdog has warned, as courts switch to online hearings during the coronavirus crisis.’
The Guardian, 22nd April 2020
Source: www.theguardian.com
‘It is not appropriate for a 15-day hearing into whether a mother has harmed her seven-year-old daughter to be held remotely, the president of the Family Court has ruled.’
Legal Futures, 22nd April 2020
Source: www.legalfutures.co.uk
‘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?’
3 Hare Court, 14th April 2020
Source: www.3harecourt.com
‘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?’
Transparency Project, 19th April 2020
Source: www.transparencyproject.org.uk
‘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.’
3PB, 19th April 2020
Source: www.3pb.co.uk
‘The public inquiry into the Grenfell Tower disaster could resume in virtual form with evidence taken by Zoom videolink, its senior legal adviser has told bereaved people and survivors.’
The Guardian, 21st April 2020
Source: www.theguardian.com
‘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.’
6KBW College Hill, 7th April 2020
Source: blog.6kbw.com
‘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.’
6KBW College Hill, 2nd April 2020
Source: blog.6kbw.com
‘Campaign group Justice has run an experimental fully remote jury trial to test whether it could be a fair alternative to face-to-face hearings during the coronavirus lockdown.’
Law Society's Gazette, 20th April 2020
Source: www.lawgazette.co.uk
‘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.’
Falcon Chambers, 6th April 2020
Source: www.falcon-chambers.com
‘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.’
Hardwicke Chambers, 2nd April 2020
Source: hardwicke.co.uk
‘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?’
Blackstone Chambers, 18th March 2020
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