remote hearings – Page 5 – Current Awareness

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.’

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.’

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”.’

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.’

Law Society's Gazette, 19th June 2020

Source: www.lawgazette.co.uk

Re C – appeal about a hybrid hearing – Transparency Project

Posted June 16th, 2020 in barristers, coronavirus, human rights, legal representation, news, remote hearings by sally

‘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.’

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

Posted June 12th, 2020 in adjournment, care orders, chambers articles, children, coronavirus, expert witnesses, families, family courts, news, remote hearings by sally

‘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.’

1 GC: Family Law, 5th June 2020

Source: 1gc.com

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

Posted June 12th, 2020 in appeals, care orders, case management, children, coronavirus, families, news, remote hearings by sally

‘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.’

1 GC: Family Law, 4th June 2020

Source: 1gc.com

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

Posted June 11th, 2020 in barristers, coronavirus, human rights, legal representation, news, queen's counsel, remote hearings by sally

‘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.’

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.’

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.’

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.’

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.’

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

Posted June 8th, 2020 in civil justice, consultations, coronavirus, debts, housing, judges, landlord & tenant, local government, news, remote hearings, rent, repossession, statistics, time limits by sally

‘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.’

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.’

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.’

Courts and Tribunals Judiciary, 5th June 2020

Source: www.judiciary.uk

Remote hearings “can deal with credibility issues” – Legal Futures

Posted June 4th, 2020 in evidence, live link evidence, news, remote hearings, select committees, witnesses by sally

‘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.’

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.’

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.’

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.’

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.’

Legal Futures, 26th May 2020

Source: www.legalfutures.co.uk

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