remote hearings – Page 8 – Current Awareness

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”.’

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

Posted May 4th, 2020 in appeals, care orders, children, coronavirus, courts, families, fostering, live link evidence, local government, news, remote hearings by sally

‘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.’

Broadway House Chambers, 1st May 2020

Source: broadwayhouse.co.uk

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

Posted May 1st, 2020 in coronavirus, courts, criminal justice, live link evidence, Ministry of Justice, news, remote hearings, video recordings by sally

‘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.’

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

Posted May 1st, 2020 in adjournment, adoption, appeals, care orders, children, coronavirus, courts, families, family courts, live link evidence, local government, news, remote hearings by sally

‘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.’

Local Government Lawyer, 30th April 2020

Source: www.localgovernmentlawyer.co.uk

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

Posted April 28th, 2020 in case management, child abuse, coronavirus, live link evidence, news, remote hearings by sally

‘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.’

No. 5 Chambers, 24th April 2020

Source: www.no5.com

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

Posted April 28th, 2020 in contraception, Court of Protection, disabled persons, judgments, news, practice directions, remote hearings by sally

‘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.’

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.’

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

Posted April 27th, 2020 in causation, class actions, coronavirus, damages, delay, jurisdiction, news, remote hearings, stay of proceedings by sally

‘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.’

Law Society's Gazette, 22nd April 2020

Source: www.lawgazette.co.uk

Remote hearings and inclusive justice – Transparency Project

Posted April 27th, 2020 in coronavirus, courts, criminal justice, disability discrimination, disabled persons, equality, Equality and Human Rights Commission, family courts, live link evidence, mental health, news, remote hearings by sally

‘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?’

Transparency Project, 24th April 2020

Source: www.transparencyproject.org.uk

Judges back guidance for remote detailed assessment hearings – Litigation Futures

Posted April 27th, 2020 in civil justice, coronavirus, costs, courts, electronic filing, live link evidence, news, remote hearings by sally

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

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

Posted April 24th, 2020 in care orders, chambers articles, child cruelty, children, coronavirus, families, family courts, live link evidence, news, remote hearings by sally

‘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.’

Garden Court Chambers, 22nd April 2020

Source: www.gardencourtchambers.co.uk

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

Posted April 24th, 2020 in chambers articles, coronavirus, dispute resolution, internet, live link evidence, news, remote hearings by sally

‘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.’

Park Square Barristers, 22nd April 2020

Source: www.parksquarebarristers.co.uk

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

Posted April 24th, 2020 in administrators, chambers articles, company law, coronavirus, employment, insolvency, news, remote hearings by sally

‘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.’

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

Posted April 24th, 2020 in care orders, child cruelty, children, coronavirus, families, family courts, live link evidence, news, remote hearings by sally

‘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).’

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

Posted April 23rd, 2020 in arbitration, chambers articles, coronavirus, dispute resolution, news, remote hearings by sally

‘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.’

St Philips Chambers, 22nd April 2020

Source: st-philips.com

Access to justice in remote hearings in the Court of Protection and Family Courts – Spire Barristers

Posted April 23rd, 2020 in chambers articles, coronavirus, Court of Protection, courts, family courts, live link evidence, news, remote hearings by sally

‘The Lord Chief Justice, the Master of the Rolls and President of the Family Division have written to Circuit and District Judges of the Civil and Family Courts to record their appreciation for the efforts being made across all parts of the judiciary to adapt to new styles of working during the pandemic. They observe that there has been a great deal that has been learned quickly about the practical benefits and limitations of conducting hearings remotely and extensive materials and support have been shared across the legal community to facilitate such hearings being undertaken.’

Spire Barristers, 20th April 2020

Source: spirebarristers.co.uk

Court hearings via video ‘risk unfairness for disabled people’ – The Guardian

Posted April 22nd, 2020 in coronavirus, courts, disability discrimination, disabled persons, equality, learning difficulties, live link evidence, news, remote hearings by sally

‘Remote video trials could disadvantage people with learning disabilities, the equalities watchdog has warned, as courts switch to online hearings during the coronavirus crisis.’

The Guardian, 22nd April 2020

Source: www.theguardian.com

McFarlane: Remote hearing on future of child a step too far – Legal Futures

Posted April 22nd, 2020 in child cruelty, children, coronavirus, delay, expert witnesses, families, family courts, live link evidence, local government, news, remote hearings by sally

‘It is not appropriate for a 15-day hearing into whether a mother has harmed her seven-year-old daughter to be held remotely, the president of the Family Court has ruled.’

Legal Futures, 22nd April 2020

Source: www.legalfutures.co.uk

Remote Hearings: A Practical Guide to Case Management – 3PB

Posted April 21st, 2020 in case management, chambers articles, coronavirus, courts, live link evidence, news, remote hearings by sally

‘It is a brave new world. The lockdown brought about by the coronavirus crisis is forcing the hand of our infamously old-fashioned profession to adapt quickly or lose myriad court dates; leaving our clients without satisfactory and timely resolutions to their disputes.’

3PB, 19th April 2020

Source: www.3pb.co.uk

Business as usual? Early lessons learnt in handling litigation remotely – Hardwicke Chambers

Posted April 20th, 2020 in chambers articles, codes of practice, coronavirus, courts, internet, news, remote hearings by sally

‘The phrase “business as usual” has become cliché overnight. Hardwicke’s CDR team is attending hearings, drafting and advising and just as before. But, as regards litigation, the phrase is not wholly accurate. The courts are not operating as usual, solicitors and barristers are working remotely, and it’s not yet clear how the current crisis will impact the commercial litigation market. From that perspective the situation is very unusual.’

Hardwicke Chambers, 20th April 2020

Source: hardwicke.co.uk

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