Andrii Koshman: Judicial Accountability in the Digital Justice System of Tomorrow – UK Constitutional Law Association

‘In 2018, Sir Ernest Ryder warned that the future shift to online dispute resolution for most, and in some areas all disputes, risks eroding judicial accountability and fostering a democratic deficit. The pandemic, the £1.3 billion court modernisation program and six years later, the future of resolving the majority of disputes online appears to be much closer. The implementation of a truly holistic Digital Justice System – an integrated system of online advice services, online public and private out-of-court dispute resolution services (mediation and arbitration portals, ombuds services) and online courts – can make this future a reality.’

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UK Constitutional Law Association, 3rd October 2024

Source: ukconstitutionallaw.org

Tribunal criticises BSB for prosecuting “sleeping” barrister – Legal Futures

‘A disciplinary tribunal has sharply criticised the Bar Standards Board (BSB) for how it approached the prosecution of a barrister who provided clear medical evidence to explain why she struggled to stay awake during an inquest she was participating in online.’

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Legal Futures, 27th August 2024

Source: www.legalfutures.co.uk

Remote licensing hearings – Law Society’s Gazette

Posted July 29th, 2024 in licensing, local government, news, remote hearings by sally

‘On 28 April 2021 (in R (Hertfordshire County Council) v Secretary of State for Housing, Communities and Local Government [2021] EWHC 1093 (Admin)) (Hertfordshire), Dame Victoria Sharp P and Chamberlain J considered whether the reference to a ‘meeting’ in schedule 12 to the Local Government Act 1972 (Meetings and Proceedings of Local Authorities) could include a meeting conducted wholly or partly remotely. The court decided it could not. ‘The question for us,’ they remarked, ‘is not what “meeting” means in the abstract, or in some other context, but what it means in the particular statutory context of schedule 12 to the 1972 act’, which needed to be read as a whole. Schedule 12 (among other things) included obligations to hold the meeting ‘at such place, either within or without their area’ as a principal council, parish council or community council may direct. Consequently, ‘a “place within or without the area” is most naturally interpreted as a reference to a particular geographical location and would not naturally encompass an online location’. And: ‘Attending a meeting at a single specified geographical location would… ordinarily mean physically going to that location.’’

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Law Society's Gazette, 26th July 2024

Source: www.lawgazette.co.uk

Remote licensing hearings are lawful: High Court – Local Government Lawyer

Posted July 12th, 2024 in licensing, local government, news, remote hearings by sally

‘Councils can hold remote licensing hearings lawfully under the Licensing Act 2003, according to a ruling handed down today (11 July) by the High Court.’

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Local Government Lawyer, 11th July 2024

Source: www.localgovernmentlawyer.co.uk

Barristers “do not want remote hearings rolled back” – Legal Futures

Posted May 21st, 2024 in barristers, HM Courts Service, news, remote hearings, statistics by sally

‘Barristers do not want to see “progress on remote hearings rolled back” and almost half would like the number to be increased, a report by the Bar Council has found.’

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Legal Futures, 21st May 2024

Source: www.legalfutures.co.uk

Barrister who fell asleep during inquest cleared of misconduct – The Guardian

‘A barrister who wrote a book on sleepwalking and who fell asleep during a coroner’s inquest has been cleared of all professional misconduct charges.’

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The Guardian, 15th May 2024

Source: www.theguardian.com

Remote Evidence from Overseas – International & Travel Law Blog

Posted December 21st, 2023 in civil procedure rules, evidence, news, remote hearings, witnesses by sally

‘[T]his blog post by James Pickering is a reminder of the key principles for overseas witnesses giving remote evidence voluntarily. Other situations are governed by the Letters of Request procedure (which is helpfully outlined in the King’s Bench Division Guide 2023 at Section 20).’

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International & Travel Law Blog, 10th November 2023

Source: internationalandtravellawblog.com

Contemnor required to attend an in person hearing for cross examination (Deutsche Bank AG v Sebastian Holdings Inc and another) – Gatehouse Chambers

‘Dispute Resolution analysis: An admitted contemnor subject to a suspended warrant for committal has been ordered to attend in person for cross examination in relation to the assets of a company he controlled. His request to attend the hearing remotely by video link from Connecticut was refused.’

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Gatehouse Chambers, 15th September 2023

Source: gatehouselaw.co.uk

Speech by the Lord Chief Justice: Commonwealth Judges and Magistrates Conference 2023 – Courts & Tribunals Judiciary

Posted September 12th, 2023 in anonymity, civil justice, criminal justice, media, news, remote hearings, rule of law, speeches by tracey

‘Open Justice Today Commonwealth Judges and Magistrates Conference 2023.’

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Courts & Tribunals Judiciary, 11th September 2023

Source: www.judiciary.uk

London borough defeats legal challenge to use of remote licensing hearings – Local Government Lawyer

‘A Magistrates’ Court has ruled that neither the Licensing Act 2003 nor the Licensing Act (Hearings) Regulations 2005 require hearings to be held in a physical “place”, in a case that challenged the London Borough of Lewisham’s use of a remote hearing procedure to revoke a premises’ license.’

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Local Government Lawyer, 18th April 2023

Source: www.localgovernmentlawyer.co.uk

Court to rule on lawfulness of remote hearings – Law Society’s Gazette

Posted April 14th, 2023 in licensed premises, licensing, local government, news, remote hearings by tracey

‘The lawfulness of local authority licensing hearings held remotely will be decided in a judgment expected later this month.’

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Law Society's Gazette, 13th April 2023

Source: www.lawgazette.co.uk

Remote hearings have “no impact” on outcomes of Crown Court cases – Legal Futures

‘Judges and lawyers can be reassured that holding Crown Court hearings and trials remotely makes no difference to the outcome, a major analysis has concluded.’

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Legal Futures, 31st March 2023

Source: www.legalfutures.co.uk

Ministry of Justice to launch call for evidence on open justice – Legal Futures

Posted January 17th, 2023 in courts, electronic filing, media, Ministry of Justice, news, remote hearings, tribunals by sally

‘The Ministry of Justice (MoJ) is to launch a “wide-ranging” call for evidence on open justice, access to information and transparency across the courts and tribunals.’

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Legal Futures, 17th January 2023

Source: www.legalfutures.co.uk

What is diplomatic immunity and how does it apply to Harry Dunn death by careless driving case? – The Independent

‘Here, the PA news agency looks at how diplomatic immunity affected the 19-year-old’s case, and why Sacoolas was able to appear in court via video-link from her home country.’

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The Independent, 8th December 2022

Source: www.independent.co.uk

New regulations solve cross-border hybrid hearing issues – OUT-LAW.com

Posted July 1st, 2022 in foreign jurisdictions, news, remote hearings, video recordings by tracey

‘New regulations issued this week give courts in England and Wales new powers to permit individuals overseas to watch transmissions of ‘hybrid’ court hearings combining both in-person and remote participants.’

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OUT-LAW.com, 1st July 2022

Source: www.pinsentmasons.com

Administrative courts move to in person hearings as general default position – Local Government Lawyer

Posted April 25th, 2022 in Administrative Court, news, remote hearings by sally

‘With effect from 26 April 2022, the general default position in the Administrative Court in Wales and on the Midland, Northern, North-Eastern and Western Circuits will be that hearings will be in person, liaison judges have said.’

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Local Government Lawyer, 22nd April 2022

Source: www.localgovernmentlawyer.co.uk

NEWS ‘Defendants in the bath’: magistrates reveal remote-hearing concerns – Law Society’s Gazette

‘Three-quarters of magistrates do not want remote links to be used as extensively as they were during the pandemic, according to landmark research on their experiences in the criminal courts. After canvassing the views of 865 magistrates, a report published by the Magistrates Association, assisted by legal charity Transform Justice, concludes that audio and video links negatively impact communication and effective participation, particularly for vulnerable court users.’

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Law Society's Gazette, 12th April 2022

Source: www.lawgazette.co.uk

Government plans to make some coronavirus laws permanent – The Independent

Posted February 22nd, 2022 in coronavirus, coroners, inquests, news, remote hearings, statute law revision by tracey

‘Remaining restrictions on travel could be reviewed before Easter but some laws introduced during the pandemic will be made permanent, according to the Government’s plan for living with coronavirus.’

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The Independent, 21st February 2022

Source: www.independent.co.uk

The Farquhar Committee and the Future of the Financial Remedies Court – Family Law

’23 March 2020 will be etched in the mind of generations. It was the day which brought unprecedented change to the way the world worked, not least the operation of the justice system and access to justice. Like many areas of law, the Financial Remedies Court [‘FRC’], was not prepared for the sudden and abrupt suspension of attended hearings, yet advances in technology quickly enabled the FRC to get back to work, albeit, at least to begin with, in a totally alien way for many. The use of remote hearings as a way of administering justice has now been the norm for over 20 months, and as the world begins to cautiously ‘get back to normal’, the question on the minds of all those practicing within the FRC is “what does the new normal look like?”’

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Family Law, 7th January 2022

Source: www.familylaw.co.uk

Remote hearings: the HMCTS evaluation – Transparency Project

Posted January 5th, 2022 in consultations, coronavirus, HM Courts Service, news, remote hearings, statistics by sally

‘Last month HM Courts and Tribunals Service published their own research into user experiences of remote hearings: Evaluation of remote hearings during the COVID 19 pandemic. The report analyses responses to surveys conducted between May and October 2020 with public users of the justice system and in mid-2021 with professionals such as lawyers, judges and court staff.’

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Transparency Project, 4th January 2022

Source: www.transparencyproject.org.uk