Court of Appeal considers the cardinal points for remote hearings during the coronavirus (COVID19) pandemic (Re A (children) and Re B (Children)) – 1 GC: Family Law

‘On consecutive days, the Court of Appeal, which included the President of the Family Division, considered two decisions of the lower courts to conduct remote hearings, Re A in relation to a final hearing as to care and placement orders and Re B regarding an interim care order with a plan for removal. Matthew Fletcher, barrister at 1|GC Family Law, compares and contrasts the two decisions and analyses whether common threads emerge that could assist practitioners in advising clients and making submissions to the court as to whether a case is suitable for a remote hearing.’

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1 GC: Family Law, 4th June 2020

Source: 1gc.com

Absence of shielding QC “does not make in-person hearing unfair” – Legal Futures

‘A QC’s inability to attend court in person because she is shielding, unlike the other counsel in a case, will not make the hearing unfair, the Court of Appeal has ruled.’

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Legal Futures, 10th June 2020

Source: www.legalfutures.co.uk

Clin neg trial could be held remotely “as last resort” – Litigation Futures

Posted June 11th, 2020 in case management, coronavirus, hospitals, negligence, news, remote hearings by sally

‘A clinical negligence hearing is set to begin in person in the High Court today, although the judge ruled last week that it could be conducted remotely if there was no other option.’

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Litigation Futures, 8th June 2020

Source: www.litigationfutures.com

Family President predicts “very radical reduction” in amount of time that courts afford to each hearing – Local Government Lawyer

Posted June 10th, 2020 in coronavirus, delay, families, family courts, news, remote hearings by sally

‘It is unlikely that anything approaching a return to the normal court working environment will be achieved before the end of 2020 “or even the spring of 2021”, the President of the Family Division has said.’

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Local Government Lawyer, 9th June 2020

Source: www.localgovernmentlawyer.co.uk

Can a clinical negligence trial be heard remotely? – UK Human Rights Blog

Posted June 10th, 2020 in chambers articles, coronavirus, hospitals, negligence, news, remote hearings by sally

‘Since lockdown the courts (and legal representatives) have been striving to hold remote hearings where possible. This had led to a flurry of new guidance (see for example CPR section AA Guidance for Queen’s Bench Division Court Users) — and the ability to view bookshelves in the studies of judges and legal representatives.’

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UK Human Rights Blog, 9th June 2020

Source: ukhumanrightsblog.com

The Family Court and COVID-19: The Road Ahead – Courts and Tribunals Judiciary

Posted June 10th, 2020 in coronavirus, family courts, news, remote hearings by sally

‘Sir Andrew McFarlane, President of the Family Division, has today published “The Road Ahead” for the Family Court in England and Wales.’

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Courts and Tribunals Judiciary, 9th June 2020

Source: www.judiciary.uk

Master of Rolls sets up working group as concerns expressed about end to stay on housing possession claims – Local Government Lawyer

‘The Master of the Rolls, Sir Terence Etherton, has established a cross-sector working group to address concerns about the consequences of the current stay on housing possession claims ending.’

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Local Government Lawyer, 5th June 2020

Source: www.localgovernmentlawyer.co.uk

How to observe remote hearings in the Court of Protection -Transparency Project

Posted June 8th, 2020 in coronavirus, Court of Protection, news, remote hearings by sally

‘ “Open justice” is a cornerstone of the legal system for England and Wales. The Court of Protection makes life-changing decisions on behalf of vulnerable people, such as where they live, who they can have contact with, what medical treatments they must have. These are decisions with huge consequences for the person at the centre of the case (known as “P”), and for their family – and they engage fundamental human rights. There is a clear and legitimate public interest in knowing what decisions are made by the courts and how those decisions are made.’

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Transparency Project, 7th June 2020

Source: www.transparencyproject.org.uk

Civil Justice Council report on the impact of COVID-19 on civil court users published – Courts and Tribunals Judiciary

Posted June 5th, 2020 in civil justice, coronavirus, courts, news, remote hearings by sally

‘The Master of the Rolls, Sir Terence Etherton, the chair of the independent Civil Justice Council and Head of Civil Justice, has welcomed the Civil Justice Council’s rapid review of the impact of the COVID-19 pandemic on the civil justice system, particularly the swift expansion of the use of remote hearings. The review, conducted with the support of the Legal Education Foundation, launched on 1 May 2020 and concluded on 15 May 2020. It was particularly aimed at court users whose hearings took place between 1 May and 7 May 2020.’

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Courts and Tribunals Judiciary, 5th June 2020

Source: www.judiciary.uk

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