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

The Court of Appeal considers Domestic Abuse – Part 1 – Transparency Project

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

‘This week three judges in the Court of Appeal held a 3 day long appeal hearing all about domestic abuse cases. This series of posts provide a summary of what the hearing was about and how it went. The decision is expected in a few weeks’ time.’

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Transparency Project, 23rd January 2021

Source: www.transparencyproject.org.uk

Law Society calls for two-week pause of non-custodial Crown and Magistrates court work – Local Government Lawyer

‘The Law Society has called for urgent action including a possible two-week pause of non-custodial Crown and magistrates’ court work “amid escalating safety concerns”.’

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Local Government Lawyer, 15th January 2021

Source: www.localgovernmentlawyer.co.uk

Remote hearings in family proceedings – how is justice perceived? – Family Law

Posted January 15th, 2021 in coronavirus, families, family courts, news, remote hearings by tracey

‘The motion for the recent Kingsley Napley debate: “This House believes remote hearings are not remotely fair” was carried with a fairly balanced 56% in favour and 44% against. With an audience made up of over a hundred family lawyers and barristers, this result was no doubt influenced by their experience of remote court hearings heard either via video link or by telephone over the last six months, since the national lockdown in March.’

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Family Law, 14th January 2021

Source: www.familylaw.co.uk

Criminal solicitors body warns members it is not safe to attend Magistrates’ courts – Local Government Lawyer

‘The London Criminal Courts Solicitors’ Association (LCCSA) has advised its members that it is not safe to continue to attend Magistrates’ courts.’

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Local Government Lawyer, 12th January 2021

Source: www.localgovernmentlawyer.co.uk

McFarlane tells family judges to curb out-of-hours hearings – Legal Futures

Posted January 11th, 2021 in coronavirus, families, family courts, judges, news, remote hearings by sally

‘The president of the Family Division has told judges and lawyers to stop the increasing practice of holding virtual hearings outside of normal court hours, citing wellbeing concerns.’

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Legal Futures, 8th January 2021

Source: www.legalfutures.co.uk

Master orders deletion of screen shot from remote hearing – Litigation Futures

Posted January 7th, 2021 in coronavirus, news, remote hearings, video recordings by tracey

‘A screen shot taken of a remote hearing must be deleted by anyone who has it, a master has ordered under a change introduced by last year’s Coronavirus Act.’

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Litigation Futures, 6th January 2021

Source: www.litigationfutures.com

Avoiding the Pitfalls of Remote / Hybrid Hearings: My Ten Top Tips – Family Law Week

Posted January 7th, 2021 in electronic filing, family courts, news, remote hearings by tracey

‘Gabrielle Jan Posner, Barrister and Recorder, Trinity Chambers Chelmsford, offers a few hard earned pointers to improve the remote hearing experience.’

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Family Law Week, 5th January 2021

Source: www.familylawweek.co.uk

Fixed Fee and Virtual Mediations – Becket Chambers

Posted December 1st, 2020 in dispute resolution, fees, news, remote hearings by sally

‘The present pandemic has resulted in a significant increase in the time it takes matters, especially civil claims, to get to court for a final hearing and those delays are only going to get longer so there has never been a better time to consider mediation as a quick, cheap and effective alternative to litigation and the Civil Mediation Council’s Fixed Fee Mediation scheme allows parties to benefit from a very economic tariff for relatively low-value claims (i.e. up to £50,000) using CMC-accredited civil mediators.’

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Becket Chambers, 13th November 2020

Source: becket-chambers.co.uk

Speech by the Chancellor of the High Court to Harvard Law School: Online courts – Perspectives from the Bench and the Bar – Courts and Tribunals Judiciary

‘Speech by the Chancellor of the High Court to Harvard Law School: Online courts – Perspectives from the Bench and the Bar.’

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Courts and Tribunals Judiciary, 25th November 2020

Source: www.judiciary.uk

Remote Hearings in the Family of Courts of England and Wales: what the research shows – Transparency Project

‘Hearings in the family courts of England and Wales are almost unrecognisable today to the hearings that took place prior to the outbreak of Covid-19. On 23 March 2020, it was announced that a nationwide lockdown was to begin the following day and last indefinitely. Between 23 March and 6 April, video hearings increased by 340% across courts and tribunals in England and Wales. Audio hearings increased by over 500%. Today, remote and hybrid (where some people attend in person and some via a telephone or video link) hearings have become commonplace. Even final hearings are now being conducted remotely. The transition to remote and hybrid hearings has helped to mitigate the delay before cases are heard. It helping to minimise an increasing backlog of cases. Telephone and video hearings have their benefits for parents, children and professionals alike, which might even see remote hearings continue in use in some cases beyond the pandemic. However, remote hearings come at a cost, as two consultations by the Nuffield Family Justice Observatory (NFJO) demonstrate.’

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Transparency Project, 13th November 2020

Source: www.transparencyproject.org.uk

Hodge worries about impact of pandemic on young lawyers – Litigation Futures

‘The deputy president of the Supreme Court has expressed fears that young lawyers have been unable to train properly during the pandemic and urged the profession to ensure there is no lasting damage to their education.’

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Litigation Futures, 12th November 2020

Source: www.litigationfutures.com

Family Justice Council report on domestic abuse and special measures in remote and hybrid hearings – Family Law

Posted November 12th, 2020 in domestic violence, family courts, news, remote hearings by tracey

‘The Family Justice Council has published guidance titled “Safety from Domestic Abuse and Special Measures in Remote and Hybrid Hearings”. The guidance recommends that, in any proceedings where domestic abuse is an issue, careful consideration must be given to whether special measures are required and how hybrid/remote hearings should be facilitated to safeguard vulnerable parties. It suggests proactive advance planning of hearings, consideration of risks involved and practical support to promote physical and emotional safety of all participants and provides a checklist of those considerations.’

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Family Law, 11th November 2020

Source: www.familylaw.co.uk

Civil court recovery: More in-person hearings and longer hours – Litigation Futures

‘Up to two-thirds of civil hearings will take place face-to-face over the coming months as the caseload increases, with longer operating hours an option for courts if needed.’

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Litigation Futures, 10th November 2020

Source: www.litigationfutures.com

Top family judge publishes guidance on protection of domestic abuse victims in remote and hybrid hearings – Local Government Lawyer

‘The President of the Family Division, Sir Andrew McFarlane, has published guidance on the need to protect victims of domestic abuse in remote and hybrid hearings.’

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Local Government Lawyer, 11th November 2020

Source: www.localgovernmentlawyer.co.uk