Revocation of adoption orders – Local Government Lawyer

‘The Court of Appeal recently heard an appeal against an order dismissing an application by the birth mother of three children to revoke an adoption order made in respect of those children. Fran Massarella looks at the outcome.’

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Local Government Lawyer, 3rd September 2021

Source: www.localgovernmentlawyer.co.uk

Expert witnesses “prefer preparing in-person for virtual hearings” – Legal Futures

Posted August 18th, 2021 in coronavirus, cross-examination, expert witnesses, news, remote hearings by sally

‘Expert witnesses prefer to travel to prepare themselves for a trial in person with their legal teams even when the trial itself is to be conducted remotely, a report has found.’

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Legal Futures, 18th August 2021

Source: www.legalfutures.co.uk

More needs to be done to ensure remote hearings are fair and work smoothly, say family professionals – Local Government Lawyer

‘Nearly two thirds of professionals responding to the latest Nuffield Family Justice Observatory (NFJO) rapid consultation feel that more needs to be done to ensure that remote hearings are fair and work smoothly.’

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Local Government Lawyer, 26th July 2021

Source: www.localgovernmentlawyer.co.uk

No need to change on ‘Freedom Day’ how family courts and Court of Protection have been operating, says Family President – Local Government Lawyer

‘The President of the Family Division has ruled out issuing firm guidance on how the family courts and the Court of Protection should approach their work after 19 July – dubbed “Freedom Day” – when coronavirus restrictions are lifted by the Government.’

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Local Government Lawyer, 15th July 2021

Source: www.localgovernmentlawyer.co.uk

Law Society warns against remote hearings in public law children cases where parties have limited access to technology – Local Government Lawyer

‘Public law children cases where a party has limited access to technology or where parties require an intermediary or a translator are instances where remote hearings may not be the best format, the Law Society has warned.’

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Local Government Lawyer, 5th July 2021

Source: www.localgovernmentlawyer.co.uk

Solicitors apologise after remote hearing recorded without permission – Law Society’s Gazette

‘A firm of solicitors has apologised to the court and reported itself to the regulator after a recording was taken of a remote hearing without permission.’

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Law Society's Gazette, 28th June 2021

Source: www.lawgazette.co.uk

Wide-ranging concerns’: Law Society opposes remote juries – Law Society’s Gazette

Posted June 11th, 2021 in barristers, bills, coronavirus, juries, Law Society, news, remote hearings by tracey

‘Remote juries could jeopardise the security of court proceedings, alienate participants, and prove more expensive than in-person hearings, the Law Society has warned.’

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Law Society's Gazette, 10th June 2021

Source: www.lawgazette.co.uk

Tribunal judges found it “difficult to communicate” at video hearings – Litigation Futures

Posted June 9th, 2021 in coronavirus, judges, news, remote hearings, statistics, tribunals by sally

‘A major report on the impact of the pandemic on the tribunal service has found that almost a third of judges found it “difficult to communicate” at video hearings in the first few months.’

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Litigation Futures, 8th June 2021

Source: www.litigationfutures.com

Day to day data on remote hearings in the family courts – Transparency Project

‘HM Courts and Tribunals Service have recently published statistics about the number of hearings conducted remotely, ie by audio, video or on paper, compared with physical in-person hearings, over the course of the coronavirus lockdown. The statistics cover civil and criminal cases as well as family law cases, but it is possible to extract from them a picture of how the family justice system, in particular, has responded.’

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Transparency Project, 4th June 2021

Source: www.transparencyproject.org.uk

Bar: ‘no end to justice emergency’ – Law Society’s Gazette

‘In April 2020, the Bar Council predicted that 80% of chambers would collapse within a year without urgent financial aid. More than a year on, the pandemic persists – as do the vast majority of chambers. Were the early warnings overblown, or is the future of the bar still at risk?’

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Law Society's Gazette, 24th May 2021

Source: www.lawgazette.co.uk

Remote hearing “did not stop witness admitting he had lied” – Litigation Futures

Posted March 30th, 2021 in coronavirus, deceit, news, probate, remote hearings, wills, witnesses by tracey

‘Holding a trial over the validity of a will remotely may have helped a witness admit that the contents of his affidavit were not true, the High Court has suggested.’

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Litigation Futures, 30th March 2021

Source: www.litigationfutures.com

Crown court backlog has reached ‘crisis levels’, report warns – The Guardian

‘The backlog of crown court cases in England and Wales has reached “crisis levels”, with the increased remand population likely to disproportionately impact children and young people from black and minority ethnic backgrounds, a parliamentary committee has warned.’

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The Guardian, 30th March 2021

Source: www.theguardian.com

Online court may need only one procedure rule, says Briggs – Law Society’s Gazette

Posted March 19th, 2021 in bills, civil procedure rules, internet, judges, news, remote hearings by sally

‘Legislation this year could introduce radically simplified procedure rules for the proposed online civil court, Supreme Court justice Lord Briggs has revealed. Addressing a Cyprus conference on civil procedure rules, Lord Briggs said the online court – whether for civil, family or tribunal cases – might have only one rule: “Do what it says in the electronic form.”’

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Law Society's Gazette, 17th March 2021

Source: www.lawgazette.co.uk

Lord Chief Justice calls for increase in attendance in person in the courts – Local Government Lawyer

Posted March 18th, 2021 in coronavirus, courts, news, remote hearings by sally

‘Over the next few weeks and months as the number of people who have been vaccinated against Covid increases and restrictions begin to ease across England and Wales, it will be “possible and desirable” to increase attendance in person in the courts where it is safe and in the interests of justice, the Lord Chief Justice has said.’

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Local Government Lawyer, 17th March 2021

Source: www.localgovernmentlawyer.co.uk

Has the pandemic changed the way in which future jury trials may be conducted? – KCH Garden Square

Posted February 25th, 2021 in coronavirus, criminal justice, juries, news, remote hearings by sally

‘As anyone immersed in, or interested in, the Criminal Justice System will know, when the first lockdown was announced back in March 2020, in person attendance at court buildings almost ground to a halt. This inevitably meant that all jury trials were suspended, and serious thought had to be given as to how they could safely resume in the future. Social distancing rules and the concern of causing covid outbreaks meant that the reintroduction of jury trials was slow, but by July 2020 and through the introduction of Perspex screens in between jurors and the relaxation of some of the lockdown restrictions, they slowly started to return to barristers’ diaries across the country.’

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KCH Garden Square, 18th February 2021

Source: kchgardensquare.co.uk

The show must now go on – St Ives Chambers

Posted February 11th, 2021 in adjournment, chambers articles, coronavirus, news, remote hearings, witnesses by sally

‘In the recent case of Bilta (UK) Ltd and others v SVS Securities Plc and others [2021] EWHC 36 (Ch) Mr Justice Smith considered an application on behalf of the Fifth Defendant, Traditional Financial Services (‘TFS’), for an adjournment 1 week before the commencement of a 5 week trial. The case was to be heard in the Rolls Building as part of the Financial List.’

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St Ives Chambers, February 2021

Source: www.stiveschambers.co.uk

Community Treatment Orders: does seeing patients remotely suffice? – Local Government Lawyer

Posted February 8th, 2021 in coronavirus, detention, local government, mental health, news, remote hearings by tracey

‘Jonathan Auburn and Lucy McCann assess whether decision-making as to community treatment orders requires physical attendance.’

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Local Government Lawyer, 5th February 2021

Source: www.localgovernmentlawyer.co.uk

Remote justice and Tribunal case management – Doughty Street Chambers

‘In GL v Elysium Healthcare Upper Tribunal Judge Kate Markus has provided a helpful reminder of the importance of maintaining standards of fairness in the remote environment.’

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Doughty Street Chambers, 12th January 2021

Source: insights.doughtystreet.co.uk

The Court of Appeal considers Domestic Abuse – Part 2 – Transparency Project

Posted January 26th, 2021 in appeals, domestic violence, family courts, internet, news, remote hearings by sally

‘This post summarises the individual issues in the four appeals. Part 3 will cover the wider issues of principle and some of the themes that emerged in the course of the hearing, and will provide some materials for further reading.’

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Transparency Project, 24th January 2021

Source: www.transparencyproject.org.uk

Court rejects Covid adjournment to press on with in-person trial – Legal Futures

Posted January 26th, 2021 in adjournment, case management, coronavirus, news, remote hearings, witnesses by sally

‘The High Court has ruled that the fears of three witnesses about giving evidence in person during the UK’s winter Covid spike should not lead to a five-week complex commercial trial being adjourned.’

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Legal Futures, 26th January 2021

Source: www.litigationfutures.com