2020年3月17日
Disputes Quick Read – 69 / 87 观点
Disputes Quick Read: Coronavirus - a growth in virtual courts?
The threat of coronavirus will impact the operation of court systems. Just yesterday, global announcements included:
- the US Supreme Court will postpone oral arguments scheduled for the next few weeks
- the European Court of Human Rights will maintain only essential activities – in particular, the handling of priority cases and
- the Indian Supreme Court has said that there would be virtual courts in operation soon and that lawyers would be able to make oral submissions via video conferencing from as early as next week.
It seems likely that the use of virtual courts, and technology in dispute resolution, will have to increase globally in order to prevent an ever-growing backlog of cases during any period of total or partial shutdown.
But how will the UK courts react? As matters stand, the advice from HMCTS is that the business of our courts and tribunals continues, and that judges can consider the use of audio or video links. One might say that the reaction has been too slow. The Lord Chief Justice has, however, today announced that COVID-19 will impact the operation of all courts and that there is an urgent need to increase the use of telephone and video technology immediately. The courts are also due to announce contingency plans imminently, and in the coming days, the UK government is expected to put forward emergency legislation including measures to expand the use of video hearings in courts.
While that all sounds encouraging – and no doubt the volume of telephone hearings and evidence by video link will increase – it would be a substantial step to move from the current system (which largely makes use of this technology for procedural matters or for parts of a trial) to the holding of commercial trials remotely.
Such developments ordinarily occur gradually, through consultation and pilot schemes. Parties tend to view change conservatively, and progress can be slow.
At times like these it can be hard to find the positives. The outbreak could, however, prove to be a welcome catalyst: a prompt for radical change in the handling of disputes, and the technology to support them.
本系列内容
Disputes Quick Read: ClientEarth refused permission to pursue directors of Shell
2023年6月1日
作者 作者
Disputes Quick Read: Ethereum Merge - what legal issues arise?
2022年9月22日
作者 Ben Jones, Emma Allen
Disputes Quick Read: New obligations on cryptobusinesses to report under the UK sanctions regime
2022年8月9日
作者 Nick Maday
Disputes Quick Read: New gateway for serving Norwich Pharmacal Orders and Bankers Trust orders out of the jurisdiction
Welcome news for those pursuing fraud claims in the English Courts
2022年7月28日
Disputes Quick Read: Why the modernised LCIA rules are a welcome update
2020年10月7日
作者 Nick Storrs
Disputes Quick Read: Tomlin Orders – ensuring the confidentiality of settlement terms
2020年4月27日
作者 作者
Related Insights
The limits of a professional's duty of care
作者 Stuart Broom 以及 Joe Pengelly
Disputes Quick Read: Defining the duty - the limits of the responsibility assumed by professionals
作者 Stuart Broom