Has the revolution happened? Can we ever go back? – Transparency Project

‘The Lord Chief Justice called it “the biggest pilot project that the justice system has ever seen” and said “there will be no going back to February 2020”. Remote court hearings would have come sooner or later, but thanks to Covid-19 they came at us fast, in March 2020, and it looks like they’re here to stay. Ironically, they were one of the things the massive £1bn court modernisation programme was supposed to have developed, but when it came to the crunch HMCTS wasn’t quite ready so there was “the most extraordinary scramble”, said Professor Hazel Genn, to find solutions that worked.’

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Transparency Project, 25th August 2020

Source: www.transparencyproject.org.uk

City giant self-reports to SRA after trial streamed live on Zoom – Law Society’s Gazette

‘A City firm which disobeyed a court order and allowed a libel trial to be live streamed to clients abroad has reported itself to the regulator.’

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Law Society's Gazette, 7th August 2020

Source: www.lawgazette.co.uk

Top judge slates firm over trial live-stream breach – Legal Futures

‘The president of the Queen’s Bench Division has strongly criticised lawyers in the London office of US firm McDermott Will & Emery (MWE) after they allowed a trial to be live-streamed to observers outside the UK without the court’s permission.’

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Legal Futures, 7th August 2020

Source: www.legalfutures.co.uk

Another recusal refusal – but this time the Court of Appeal steps in – Transparency Project

‘In the second such case in a month, a judge has refused to recuse herself at the request of a litigant, but on this occasion the Court of Appeal has reversed that decision and ordered that she step down from the case and let another judge take over.’

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Transparency Project, 3rd August 2020

Source: www.transparencyproject.org.uk

SCCO will use remote hearings more once back to normal – Litigation Futures

Posted July 31st, 2020 in coronavirus, costs, courts, electronic filing, news, remote hearings by sally

‘Video and phone hearings are set to become a permanent feature of the Senior Courts Costs Office (SCCO) even after the coronavirus pandemic has passed, the Senior Costs Judge has said.’

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Litigation Futures, 30th July 2020

Source: www.litigationfutures.com

Family Law Newsletter – Spire Barristers

‘Issue #35 of Spire Barristers’ Family Law Newsletter: edited by Connie Purdy and Taz Irshad; news and Case Reviews by Georgina Dalton.’

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Spire Barristers, 22nd July 2020

Source: spirebarristers.co.uk

‘Deepfake’ warning over online courts – Legal Futures

‘Video manipulation software, including ‘deepfake’ technology, poses problems for remote courts in verifying evidence and that litigants or witnesses are who they say they are, a report has warned.’

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Legal Futures, 29th July 2020

Source: www.legalfutures.co.uk

Judge removed from child welfare case over ‘pejorative’ remarks about mother – The Guardian

Posted July 28th, 2020 in bias, family courts, judges, news, remote hearings by sally

‘A high court judge has been taken off a case centred on the care of a child after “pejorative comments” she made about the child’s mother were accidentally broadcast to people taking part in a hearing remotely.’

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The Guardian, 25th July 2020

Source: www.theguardian.com

Guidance for litigants in person on remote hearings in the Family Court – Resolution

‘With the advent of the global pandemic hearings in the Family Court are increasingly being held remotely by telephone or on video conferencing software. This guide is designed to help you through the process and includes helpful information on how to prepare for the hearing, how to join a hearing and what to do during the hearing.’

Full guidance

Resolution, 14th July 2020

Source: https://resolution.org.uk/

COVID 19: an update on remote hearings and making them effective – 3PB

Posted July 8th, 2020 in chambers articles, civil justice, coronavirus, news, remote hearings by sally

‘Much has been written about the dramatic decrease in civil hearings as a result of the COVID 19 pandemic. A survey conducted by Kate Brunner QC and I for the Western Circuit showed a 75% decrease in the number of hearings and a 58% reduction in work done by the Bar.’

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3PB, 6th July 2020

Source: www.3pb.co.uk

Vos: Crisis must be followed by “blue sky thinking” – Litigation Futures

Posted July 7th, 2020 in civil justice, coronavirus, dispute resolution, news, remote hearings by sally

‘The Chancellor of the High Court has said “the one thing” he really wants to come out of the coronavirus crisis is “blue sky thinking” about how to improve commercial dispute resolution.’

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Litigation Futures, 7th July 2020

Source: www.litigationfutures.com

New video platform to be rolled out across civil courts – Litigation Futures

‘The new video platform enabling more remote cases to be heard in the criminal courts will rolled out to the civil courts over the coming months, the Ministry of Justice confirmed yesterday.’

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Litigation Futures, 2nd July 2020

Source: www.litigationfutures.com

How Judges Make their Decisions – is witness demeanour a myth? – Family Law Week

Posted July 2nd, 2020 in judiciary, juries, news, remote hearings, witnesses by tracey

‘Madeleine Whelan, barrister of Fourteen, considers how much weight judges might give to witnesses’ demeanour when evaluating their evidence in the light of a recent judgment by Mrs Justice Lieven.’

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Family Law Week, 29th June 2020

Source: www.familylawweek.co.uk

Assume hearings are going to be remote, says judge – Litigation Futures

‘Parties should assume hearings will be held remotely at the moment and explain why it would not be just to do so if they want one in person, a High Court judge has ruled.’

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Litigation Futures, 25th June 2020

Source: www.litigationfutures.com

Remote hearings, hybrid hearings, adjourned hearings – Transparency Project

Posted June 30th, 2020 in adjournment, coronavirus, news, remote hearings by sally

‘Lancashire County Council v M & Ors (COVID-19 Adjournment Application) [2020] EWFC 43 is another case (like Re C that we wrote on here) where an extraordinarily large number of professionals spent many hours working on a notion that was dismissed by the judge, although this time in the Family Court, not the Court of Appeal. Although the judge, Mr Justice MacDonald, emphasised that a case management decision about holding a remote or hybrid or full-face hearing should not normally take very long, he also explained why he had to spell out his reasons in more than 60 paragraphs.’

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Transparency Project, 26th June 2020

Source: www.transparencyproject.org.uk

Commercial Court eyes future of remote hearings – Litigation Futures

Posted June 30th, 2020 in civil justice, Civil Justice Council, coronavirus, news, remote hearings by sally

‘The Commercial Court has been able to carry on largely as normal while operating remotely, with interlocutory hearings likely to stay that way for some time at least, it has emerged.’

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Litigation Futures, 26th June 2020

Source: www.litigationfutures.com

Partially remote hearings in the Coroner’s Court: Chief Coroner’s Guidance No. 38 – Parklane Plowden Chambers

Posted June 26th, 2020 in chambers articles, coronavirus, coroners, inquests, news, remote hearings by sally

‘The Chief Coroner has published his Guidance No 38, headed “Remote Participation in Coronial Proceedings via Video and Audio Broadcast”.’

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Parklane Plowden Chambers, 17th June 2020

Source: www.parklaneplowden.co.uk

Virtual hearings with physical jury hubs hailed a success – Law Society’s Gazette

Posted June 19th, 2020 in coronavirus, courts, juries, news, remote hearings, trials by sally

‘Virtual trials with physical jury hubs could be an effective way of clearing the significant Crown court backlog caused by Covid-19, academics evaluating the latest experiment from a legal thinktank have said.’

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Law Society's Gazette, 19th June 2020

Source: www.lawgazette.co.uk

Re C – appeal about a hybrid hearing – Transparency Project

‘The issue was that the case required a resumption of a finding of fact hearing and that the leading barrister for the children’s mother was “shielding” so could not attend court in person with her client. The mother appealed a decision in the High Court by Mr Justice Williams that the hearing go ahead in June as a “hybrid” hearing i.e. with some parties and lawyers in the court room and others online.’

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Transparency Project, 12th June 2020

Source: www.transparencyproject.org.uk

Guidance from the High Court on adjournments in care proceedings during the COVID-19 pandemic (A Local Authority v Mother and Ors) – 1 GC: Family Law

‘Liz Andrews, barrister at 1|GC Family Law reviews the judgment in A Local Authority v The Mother and others where Williams J was required to determine, in light of the guidance of the President of the Family Division alongside the recent decisions concerning adjournments during the coronavirus (COVID-19) pandemic, whether a fact-finding hearing taking place within long-running care proceedings was to continue following the conclusion of expert evidence and, if so, in what form, or whether the hearing should be adjourned to allow the lay parties to give evidence in person.’

Full Story

1 GC: Family Law, 5th June 2020

Source: 1gc.com