header-logo header-logo

18 March 2020
Categories: Legal News , Covid-19
printer mail-detail

COVID-19: 'Remote' justice update

Remote hearings should be held where possible in response to Covid-19, the Lord Chief Justice has urged, and ‘no new trial should start in the Crown Court unless it is expected to last for three days or less’ if listed to start before the end of April

Lord Burnett said: ‘These cases will be kept under review and the position regarding short trials will be revisited as circumstances develop.’ Trials currently underway ‘will generally proceed.’

In an earlier update, Lord Burnett warned that ‘it is not realistic to suppose that it will be business as usual in any jurisdiction, but it is of vital importance that the administration of justice does not grind to a halt’.

The line from HM Courts and Tribunals (HMCTS) until now has been that hearings will continue as normal unless parties are advised otherwise.

Lord Burnett said: ‘Given the rapidly evolving situation, there is an urgent need to increase the use of telephone and video technology immediately to hold remote hearings where possible.

‘Emergency legislation is being drafted which is likely to contain clauses that expand the powers in criminal courts to use technology in a wider range of hearings. The Civil Procedure Rules and Family Procedure Rules provide for considerable flexibility.’

Earlier this week, the Bar Council called for a halt to jury trials.

‘Barristers up and down the country are telling us that jurors are having to drop out of cases because they are self-isolating or, worse, coming to court when they should not, and thereby putting everyone’s health at risk,’ Amanda Pinto QC, Chair of the Bar Council, said.

Louise Hodges, head of criminal litigation at Kingsley Napley, said there was ‘a lot of concern’ among those working in the criminal justice system.

‘The various agencies are not able to provide the assurances that they have conducted proper risk assessments or that buildings and facilities, including court rooms, custody suites, cells or secure transport, are deep cleaned to sufficient standards to ensure the safety of individuals. It is probably to be expected now that non-essential trials will be delayed.’ 

Categories: Legal News , Covid-19
printer mail-details

MOVERS & SHAKERS

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Trio of recruits strengthens Switalskis residential property team

Ward Hadaway—Steven Hayward

Ward Hadaway—Steven Hayward

Birmingham law firm appoints construction partner

Flint Bishop—six appointments

Flint Bishop—six appointments

Flint Bishop accelerates Northern growth through strategic senior appointments

NEWS
A High Court decision has clarified that a home may be unfit for human habitation not only where conditions endanger health or safety, but also where they seriously undermine comfort and convenience

A longer time limit for employment tribunal claims, new charity law thresholds, property tribunal recruitment and appellate guidance on small-claims costs feature in the latest Civil Way round-up

A recent High Court ruling could make issue estoppel considerably more complex in cross-border litigation, requiring parties to consider the foreign law governing the underlying claim
The Supreme Court has overturned Cheshire West’s bright-line test for deprivation of liberty, replacing it with a broader, more contextual assessment that gives greater weight to an individual’s wishes, feelings and apparent consent
Jonathan Fisher KC’s wide-ranging fraud report contains worthwhile proposals, but turning them into workable reform will require money, capacity and political will
back-to-top-scroll