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.’

Full Story

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?’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

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).’

Full Story

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.’

Full Story

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

‘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.’

Full Story

Spire Barristers, 20th April 2020

Source: spirebarristers.co.uk

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

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

Full Story

The Guardian, 22nd April 2020

Source: www.theguardian.com

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

‘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.’

Full Story

Legal Futures, 22nd April 2020

Source: www.legalfutures.co.uk

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

‘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.’

Full Story

3PB, 19th April 2020

Source: www.3pb.co.uk

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

‘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.’

Full Story

Hardwicke Chambers, 20th April 2020

Source: hardwicke.co.uk

The impact of Coronavirus, part 2: attending hearings in the Crown Court remotely – 6KBW College Hill

‘On 25 March 2020, the Coronavirus Act 2020 (‘the 2020 Act’) was given Royal Assent. Most of its provisions came into force immediately (s. 87). Almost all of them will expire within two years (s. 89). As an additional safeguard, Parliament is required to conduct a review of the legislation every six months (s. 98). The 2020 Act has, at least for the time being, radically changed the appearance of proceedings in the Crown Court: there will now be hearings where neither the parties nor the judge will actually be in court at all.’

Full Story

6KBW College Hill, 2nd April 2020

Source: blog.6kbw.com

Fully remote jury test a ‘success for open justice’ – Law Society’s Gazette

Posted April 20th, 2020 in coronavirus, courts, juries, live link evidence, news, remote hearings, trials by tracey

‘Campaign group Justice has run an experimental fully remote jury trial to test whether it could be a fair alternative to face-to-face hearings during the coronavirus lockdown.’

Full Story

Law Society's Gazette, 20th April 2020

Source: www.lawgazette.co.uk

Coping with Remote Hearings – Falcon Chambers

‘At the turn of the new year it would have been unthinkable to suggest that in just three months the majority of the courts in England and Wales would be closed, that is, at least in the physical sense. In the wake of Covid-19 the Courts have remained open for business however, most of that business is now being conducted in the virtual realm. From online mediations and applications to full-blown witness actions, this is a brave new world for most practitioners, particularly those in civil law, who are used to lugging paper-laden suitcases up and down the various Courts in the land.’

Full Story

Falcon Chambers, 6th April 2020

Source: www.falcon-chambers.com

Remote hearings: injunction to stop ‘car cruising’ continued in open court without attendance of the parties – Wolverhampton City Council & Ors v Persons Unknown – Hardwicke Chambers

‘This was a review hearing for a quia timet injunction against ‘car cruising’ in areas of the Claimant local authorities before His Honour Judge Worster sitting as a High Court Judge in the QBD, Birmingham District Registry. ‘Car cruising’, or ‘street cruising’ as it is sometimes defined, is a congregation of two or more motor vehicles driving dangerously or in an anti-social way so as to cause nuisance, damage or danger to the public; usually gatherings to race or perform stunts in cars, motorbikes or quad bikes, which have been a particular problem in particular parts of Birmingham.’

Full Story

Hardwicke Chambers, 3rd April 2020

Source: hardwicke.co.uk

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

‘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.’

Full Story

3PB, 14th April 2020

Source: www.3pb.co.uk

Carluccio’s Limited (in administration): Administration and furlough arrangements with employees – Exchange Chambers

‘Snowden J gives urgently sought directions to administrators in respect of furlough arrangements with employees following a remote video hearing in the matter of Carluccio’s Limited (in administration) [2020] EWHC 886 (Ch).’

Full Story

Exchange Chambers, 15th April 2020

Source: www.exchangechambers.co.uk

Making Remote Hearings Work – St John’s Chambers

‘A broad experience is building up among advocates with the use of remote hearings. Although many courts are still using telephone links (and for many litigants who do not have access to more sophisticated technology, this will remain the default medium) the use of video links is becoming more of a normal experience.’

Full Story

St John's Chambers, 8th April 2020

Source: www.stjohnschambers.co.uk