26 March 2020
Disputes Quick Read – 70 of 87 Insights
Disputes Quick Read: Embracing remote hearings – the experience to date
There is (understandably) a deluge of guidance being issued on a daily basis by the various courts which are grappling with the practical impact of COVID-19 on the operation of the justice system.
The courts have, it seems, embraced the adoption of technology to resolve disputes, be that conference calls or video conferences over Skype, Zoom or similar applications. All judicial laptops now have Skype for Business enabled.
On 25 March 2020, the Supreme Court issued its first judgment remotely – giving us a fine view of what we assume to be Lord Justice Kerr's private collection of law reports – and in a well-publicised success in the family courts, Mostyn J completed a five party final hearing with evidence from 11 witnesses and the press attending remotely.
While there have been some teething problems (and these will no doubt continue) the direction of travel is clear. Discretion ultimately resides with the judiciary regarding how or whether a hearing should proceed, but they and the parties have shown a willingness to cooperate and to facilitate remote hearings.
When faced with adjourning a trial last week, Teare J reportedly commented that the default position is that hearings should be conducted with one or more participants attending remotely, the court should take an optimistic approach to how this will work, and it is the duty of all parties to seek to co-operate. That must be the right approach in these difficult times.
The protocol for remote hearings in the civil justice system (published on 20 March 2020) sets out some practical steps. It encourages parties to take a proactive approach to forthcoming hearings, hold short directions hearings (if necessary) to discuss and agree how best to use the technology, and prepare and file electronic bundles.
A new practice direction (51Y) was issued on 25 March 2020, providing further guidance on video or audio hearings during the pandemic, dealing largely with privacy aspects of remote hearings.
As experience grows, guidance can be fine-tuned. In the meantime, parties and the judiciary should continue to work together to find practical solutions, often backed by technology, to the operational problems caused by the current outbreak.
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Disputes Quick Read: New gateway for serving Norwich Pharmacal Orders and Bankers Trust orders out of the jurisdiction
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Disputes Quick Read: Climate change litigation – successful challenge to government's Net Zero Strategy
29 July 2022
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13 June 2022
Disputes Quick Read: ENRC prevails in claim against former solicitor
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Disputes Quick Read: Key changes to the Disclosure Pilot Scheme
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Disputes Quick Read: Judicial Review and Courts Bill – unpacking the UK government's proposed amendments
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26 May 2021
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Disputes Quick Read: Amendments to the Disclosure Pilot Scheme – a step in the right direction
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Disputes Quick Read: UK Supreme Court rules on the territorial extent of the SFO's powers
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Disputes Quick Read: No dropping anchor – parent company liability for environmental claims
24 February 2021
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20 January 2021
Disputes Quick Read: Should you still choose the English courts to have jurisdiction in your international contracts after Brexit?
12 January 2021
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Disputes Quick Read: Privilege lost in the EU post-Brexit (with exceptions)
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Disputes Quick Read: Law on interest applicable to US dollar awards reaffirmed
16 October 2020
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Disputes Quick Read: Why the modernised LCIA rules are a welcome update
7 October 2020
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Disputes Quick Read: COVID-19 and supply chain disruption – key issues
9 April 2020
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Disputes Quick Read: High Court orders parties to explore options for 5-week remote trial
15 April 2020
Disputes Quick Read: Tomlin Orders – ensuring the confidentiality of settlement terms
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Disputes Quick Read: UK's OFSI fines Standard Chartered Bank £20 million for sanctions breaches
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Disputes Quick Read: Commercial Court's arbitral power shift
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Disputes Quick Read: Court stays evictions during COVID-19 – is this lawful?
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Disputes Quick Read: Facilitating transactions in cryptoassets - Lord Leggatt and the point of commercial law
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Disputes Quick Read: Privy Council clarifies the law on freezing injunctions in aid of foreign proceedings
8 October 2021
Disputes Quick Read: Climate change litigation – what's the latest?
10 January 2022
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20 January 2022
Disputes Quick Read: Assumption of responsibility - tax schemes and investors
22 March 2022
Disputes Quick Read: Dealing in crypto? Be careful what you call it
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