Successful remote hearings: Shannon Woodley discusses the case of T v Derby City Council, A, B and X [2020] EWCA Civ 507 – Park Square Barristers

Posted May 7th, 2020 in child abuse, evidence, live link evidence, news, remote hearings by sally

‘On 7th April 2020, in one of the first hearings of its kind to be held remotely, the Court of Appeal set aside findings that a father perpetrated sexual abuse against his 9 year old daughter, X.’

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Park Square Barristers, 29th April 2020

Source: www.parksquarebarristers.co.uk

Children seeing parents “distressed” by remote hearings – Legal Futures

‘Children are “coming in and out of the room” during remote family law hearings and in some cases witnessing their “distressed” parents, a major study has found.’

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Legal Futures, 7th May 2020

Source: www.legalfutures.co.uk

“Justice Delayed is Justice Denied” The Covid-19 Effect – St Ives Chambers

‘Conducting litigation in lockdown is presenting a number of challenges for civil litigators. The shift, practically overnight, to remote working is requiring lawyers to rapidly adapt their ways of working. The word from the top is that the wheels of justice must continue to turn. The default position now is that hearings should take place remotely wherever possible.’

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St Ives Chambers, 27th April 2020

Source: www.stiveschambers.co.uk

CJC launches ‘rapid review’ of remote hearings – Litigation Futures

‘The Civil Justice Council (CJC) has launched a “rapid consultation” on how the spread of Covid-19 has changed the civil justice system, particularly with the swift expansion of remote hearings.’

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Litigation Futures, 4th May 2020

Source: www.litigationfutures.com

A decision “in these extraordinary times”: Re A (Children) (Remote Hearing: Care and Placement Orders) [2020] EWCA Civ 583 – Parklane Plowden Chambers

‘This case has been keenly awaited by family law practitioners, being the first appeal in a public law children case to reach the Court of Appeal on the issue of remote hearings during the COVID 19 pandemic. The appeal was heard on 22 April 2020. On the following day the same bench heard the second such appeal, Re B (Children) (Remote Hearing: Interim Care Order) [2020] EWCA (Civ) 584. There will undoubtedly be further appeals in children cases heard in the High Court or the Court of Appeal on the issue of remote hearings in the coming weeks.’

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Parklane Plowden Chambers, 30th April 2020

Source: www.parklaneplowden.co.uk

In light of Re P (A Child: Remote Hearing) [2020] EWFC 32, what will the Court’s approach be post-lockdown? – Spire Barristers

Posted May 5th, 2020 in barristers, coronavirus, family courts, news, remote hearings by sally

‘Lockdown measures were implemented on 23rd March 2020 and, as many of you will be aware, the following day, The Bar Council issued the following guidance to barristers on attending Family (and Civil) Court hearings:

“You should not attend in person unless the hearing is genuinely urgent and it cannot be done remotely. Such a hearing will be a rare occurrence”.’

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Spire Barristers, 29th April 2020

Source: spirebarristers.co.uk

Re A (Children) (Remote Hearing: Care and Placement Orders)[2020] EWCA Civ 583 – Broadway House Chambers

‘This is the first appeal in a case relating to the welfare of children to reach the Court of Appeal on the issue of remote hearings during the Covid-19 crisis.’

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Broadway House Chambers, 1st May 2020

Source: broadwayhouse.co.uk

New video technology to conduct remote criminal hearings – Law Society’s Gazette

‘New video equipment is being introduced to over 100 courts as the government increasingly turns to technology to conduct hearings remotely and keep the justice system running during the Covid-19 pandemic.’

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Law Society's Gazette, 1st May 2020

Source: www.lawgazette.co.uk

Court of Appeal sets out ‘cardinal points’ on remote hearings and approach to public law children cases – Local Government Lawyer

‘The Court of Appeal has handed down rulings in the first two appeals relating to the welfare of children to have reached the court on the issue of remote hearings during the COVID-19 pandemic.’

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Local Government Lawyer, 30th April 2020

Source: www.localgovernmentlawyer.co.uk

Re P (A Child remote Hearing) [2020] EWFC 32 – No. 5 Chambers

‘On 16th April 2020, Sir Andrew McFarlane handed down a case management judgment on a public law case which may have significant implications for case management decisions until court services return to normal. The case in question was on the issue of fabricated or induced illness and the issue was whether the final hearing should proceed remotely. The Mother opposed the local authority care plan. It was listed for a fifteen day hearing addressing whether she had harmed her seven year old daughter. Despite the coronavirus pandemic both the Father and the local authority supported the hearing continuing remotely. The Mother’s Solicitors’ had assumed it would proceed with plans to take instructions by Zoom or in between each piece of evidence. There were to be three expert witnesses.’

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No. 5 Chambers, 24th April 2020

Source: www.no5.com

Re Z – transparency and participation in the Court of Protection – Transparency Project

‘A judgment published this week on BAILII, Re Z, also, Oxford University Hospitals NHS Foundation Trust v Z (by her litigation friend, the Official Solicitor) [2020] EWCOP 20, is notable on two counts. First, that the case is described by the judge, Knowles J, as being held in public, although it was in fact a remote online hearing. Second, that “Z”, the 22 year old woman at the centre of the case had asked to be able to join the hearing but this had not been arranged.’

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Transparency Project, 25th April 2020

Source: www.transparencyproject.org.uk

Court of Appeal holds remote hearing for dispute over requirement for voter ID at elections – Local Government Lawyer

Posted April 28th, 2020 in appeals, elections, identification, local government, news, remote hearings by sally

‘The Court of Appeal has reserved judgment in an appeal over a High Court ruling last year that voter ID schemes in 10 local authorities were lawful.’

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Local Government Lawyer, 24th April 2020

Source: www.localgovernmentlawyer.co.uk

Hearing in biggest ever group litigation to go ahead remotely – Law Society’s Gazette

‘The High Court has ruled that a hearing related to the biggest class action in history can go ahead remotely, in another sign of judges’ acceptance of a new default position during the coronavirus crisis.’

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Law Society's Gazette, 22nd April 2020

Source: www.lawgazette.co.uk

Remote hearings and inclusive justice – Transparency Project

‘How effectively are people with a cognitive impairment, mental health condition and/or neuro-diverse condition able to participate in proceedings in the justice system, particularly when they engage with that system via video or telephone link?’

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Transparency Project, 24th April 2020

Source: www.transparencyproject.org.uk

Judges back guidance for remote detailed assessment hearings – Litigation Futures

‘Guidance on the conduct of remote detailed assessments (DAs) has been produced to get the system moving during the lockdown.’

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Litigation Futures, 23rd April 2020

Source: www.litigationfutures.com

A timely and important decision on remote hearings in the family courts – Re P: (A Child Remote Hearings) (2020) EWFC 32 – Garden Court Chambers

‘This is a serious FII case, and concerned care proceedings involving a 7 year old child. It was alleged that the mother had falsely made a number of damaging claims that her child was suffering from a myriad serious ailments and health conditions. This was all hotly disputed by the mother, so the case was fully contested. It had been fixed several months previously for a 15 days fact finding and disposal hearing before a Judge at Guildford Law Courts. Following the lockdown, the Judge had decided the case would proceed as a remote hearing using the Skype video platform.’

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Garden Court Chambers, 22nd April 2020

Source: www.gardencourtchambers.co.uk

Keep calm and carry on(line) with mediation – Park Square Barristers

‘Whilst the civil courts adapt at short notice to working, by and large, remotely, invariably some hearings will continue for the foreseeable future to be adjourned to dates as yet unknown. In the circumstances, it might seem inevitable, or at least tempting (especially when many parties and their solicitors are faced with the difficulties associated with unexpectedly having to work from home at the same time as home schooling children), simply to wait on the court.’

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Park Square Barristers, 22nd April 2020

Source: www.parksquarebarristers.co.uk

Re Carluccio’s Limited (in Administration) – Pump Court Chambers

‘It should be noted from the outset that Snowden J’s judgment in Re Carluccio’s is not binding. There were no representative employees or interested parties during the remote video hearing so the judgment does not bind the employees or the government.’

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Pump Court Chambers, 22nd April 2020

Source: www.pumpcourtchambers.com

P (A Child: Remote Hearing) (Rev 3) [2020] EWFC 32: When is remote justice not justice? – Transparency Project

‘Re P (A Child: Remote Hearing) (Rev 3) [2020] EWFC 32 is a decision of the President of the Family Division and Head of Family Justice, Sir Andrew McFarlane, about whether or not a 15 day trial should go ahead remotely. The trial was set down within care proceedings to determine very serious allegations that the mother had harmed her seven-year-old daughter by fabricating or inducing illness (known in the trade as FII).’

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Transparency Project, 23rd April 2020

Source: www.transparencyproject.org.uk

When is it unfair to conduct a hearing remotely? A look at Re P (A Child: Remote Hearing) [2020] EWFC 32 – St Philips Chambers

‘In the current climate the court and all parties are having to grapple with the thorny issue of the appropriateness for a family law hearing to proceed remotely; particularly concerning contested issues.’

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St Philips Chambers, 22nd April 2020

Source: st-philips.com