Remote hearings “can deal with credibility issues” – Legal Futures

‘People should not presume that remote hearings cannot be used for cases where the credibility of witnesses is at stake, the IT adviser to the Lord Chief Justice has said.’

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Legal Futures, 4th June 2020

Source: www.legalfutures.co.uk

Remote hearings for family courts ‘horribly cruel’ – BBC News

Posted June 4th, 2020 in coronavirus, family courts, news, remote hearings by sally

‘Court hearings held remotely in lockdown disadvantage vulnerable people and should not be used longer term, lawyers and charities have said.’

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BBC News, 4th June 2020

Source: www.bbc.co.uk

Lisa Harker: ‘Remote family court hearings are not just or humane’ – The Guardian

Posted June 2nd, 2020 in coronavirus, family courts, news, remote hearings by sally

‘The head of the Nuffield Family Justice Observatory on how parents and children are being failed during the coronavirus crisis.’

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The Guardian, 2nd June 2020

Source: www.theguardian.com

Naomi McLoughlin discusses the recent decision in A Local Authority v the Mother & Ors [2020] EWHC 1233 (Fam) – Park Square Barristers

Posted June 2nd, 2020 in children, coronavirus, evidence, news, remote hearings by sally

‘The judgment addresses the question of whether a fact-finding hearing should continue either remotely or semi-remotely or whether the case should be adjourned until an in-person hearing of pre-Covid 19 format can take place.’

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Park Square Barristers, 19th May 2020

Source: www.parksquarebarristers.co.uk

Covid-19 remote hearings “must not become settled norm” – Legal Futures

Posted May 28th, 2020 in coronavirus, families, family courts, news, remote hearings by sally

‘Remote hearings have been a successful emergency measure but should not be taken as establishing a settled mode of operation for the family courts after Covid-19, a leading judge has warned.’

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Legal Futures, 26th May 2020

Source: www.legalfutures.co.uk

Recognition of foreign marriage—implications of (Padero-Mernagh v Mernagh) – Family Law

‘Cases involving bigamy are relatively rare, and the judgment of Williams J in Padero-Mernagh v Mernagh provides a useful analysis of the relevant law in that regard. Of particular note, however, is the way in which the final hearing was dealt with remotely, in light of the COVID-19 pandemic.’

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Family Law, 28th May 2020

Source: www.familylaw.co.uk

Chancery Lane calls for ‘best practice’ document on remote hearings in family courts, warns of “guidance fatigue” – Local Government Lawyer

‘The Law Society has urged the President of the Family Division to issue “best practice” and “top tips” rather than full prescriptive guidance on remote hearings.’

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Local Government Lawyer, 27th May 2020

Source: www.localgovernmentlawyer.co.uk

Illusory Open Justice: A Kafkan Attempt to Observe Magistrates Courts in the Time of COVID-19 – Transparency Project

Posted May 27th, 2020 in coronavirus, criminal justice, magistrates, news, remote hearings by sally

‘COVID-19 has taken a hammer to the already fragile transparency in our justice system. Open justice means that justice must not only be done but must be seen to be done. While journalists and court reporters can bring what happens in court to houses around the country, public access to our courts ensures judges and lawyers are sufficiently scrutinised. The coronavirus pandemic and the transition to virtual courts has all but severed public access to magistrates’ courts, risking the routine occurrence of miscarriages of justice with little prospect of correction.’

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Transparency Project, 27th May 2020

Source: www.transparencyproject.org.uk

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

Number of PI hearings halves during lockdown – Litigation Futures

‘The number of hearings in personal injury (PI) cases has halved since lockdown began, new figures have shown, with barristers calling for a presumption towards hearing, rather than adjourning, cases.’

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Litigation Futures, 22nd May 2020

Source: www.litigationfutures.com

England and Wales face backlog of 40,000 criminal cases due to coronavirus – The Guardian

Posted May 26th, 2020 in coronavirus, courts, criminal justice, delay, news, remote hearings, statistics by sally

‘The criminal justice system in England and Wales is facing a backlog of 40,000 criminal cases, which will not be solved even if all crown courts are brought into service under physical distancing rules, the Criminal Bar Association has warned.’

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The Guardian, 24th May 2020

Source: www.theguardian.com

E-Bundling Guidance for Remote Hearings – Falcon Chambers

Posted May 21st, 2020 in coronavirus, electronic filing, news, remote hearings by sally

‘As a result of the Covid-19 pandemic, on 19 March 2020, the Lord Chief Justice delivered a message in respect of the Civil & Family Courts in which he said: “The default position now in all jurisdictions must be that hearings should be conducted with one, more than one, or all participants attending remotely.” Legal professionals are naturally anxious to know what may be expected of them in practically in preparation for such hearings.’

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Falcon Chambers, May 2020

Source: www.falcon-chambers.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

Ayshea Megyery summarises recent cases and research in respect of the impact of COVID-19 in the family courts – Park Square Barristers

‘Whether a case proceeds by remote hearing must be decided on the sometimes competing factors of the individual case. However, pushing forward to achieve remote hearings must not be at the expense of a fair and just process. The decision of the President distils a number of key principles to be borne in mind. Just because a matter can be heard remotely does not mean it must be. In this case the delay in proceedings was outweighed by the fact that the hearing could not be properly or fairly conducted without the physical presence of the mother before the judge in the courtroom. As a result of that decision, the President re-listed the matter until such time that the restrictions relating to Covid-19 are lifted.’

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Park Square Barristers, 14th May 2020

Source: www.parksquarebarristers.co.uk

Getting the Court to Hear Your Case During the Pandemic – 3PB

Posted May 19th, 2020 in adjournment, coronavirus, county courts, lists, news, remote hearings by sally

‘The county court has responded rapidly to the sudden and unprecedented change to its working practices. However, the move to remote hearings has brought a marked decline in the retention of existing listings. Many litigants have found their hearings adjourned by the court even when those hearings were, on the face of it, suitable for hearing remotely.’

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3PB, 12th May 2020

Source: www.3pb.co.uk

Safeguards over deprivations of liberty are “indispensable” to frail and vulnerable, says senior judge, amid “striking and troubling” drop in number of s.21A applications – Local Government Lawyer

‘The view that careful adherence to proper legal process and appropriate authorisation of deprivations of liberty may now, at times, be required to give way to other pressing welfare priorities is “entirely misconceived”, the Vice President of the Court of Protection has warned.’

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Local Government Lawyer, 15th May 2020

Source: www.localgovernmentlawyer.co.uk

Should Final Hearing continue remotely? Judgment of Lieven J [2020] EWHC 1086 (Fam) – Broadway House Chambers

‘ The case deals with whether to proceed with lay evidence remotely or to adjourn part heard having heard the medical evidence over a period of 5 days via Zoom. The case concerns an application for a care order for a 4 year child. In April 2019, his two month old sister died at home. The post mortem established that his sister had sustained 65 fractures to her body as well as brain injuries. As a result the child was made the subject of an interim care order in April 2019.’

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Broadway House Chambers, 14th May 2020

Source: broadwayhouse.co.uk

Do our buildings make us? Covid-19 and the courts reforms – Counsel

Posted May 18th, 2020 in coronavirus, courts, news, remote hearings by sally

‘Are our courts just buildings or something more? What role does the physical courtroom play? Rapid steps towards remote hearings today, while essential during the pandemic, could also inform future decisions on court closures warns Lorna Cameron.’

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Counsel, May 2020

Source: www.counselmagazine.co.uk

Presence of shielding QC at in-person hearing “not essential” – Legal Futures

‘The physical presence in a sensitive family case of leading counsel shielding from Covid-19 was desirable but “not essential”, a High Court judge has ruled in ordering an in-person hearing.’

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Legal Futures, 18th May 2020

Source: www.legalfutures.co.uk