COVID-19: Keeping the show on the road

Susan Acland-Hood, CEO of HM Courts and Tribunals (HMCTS), in a Bar Council blog, said she was proud of how the legal profession has united to keep the justice system running. Senior judges have made decisions to ensure the most urgent cases are prioritised while continuing less urgent work by other means, she noted, while HMCTS had increased the number of teleconferences it can run using BTMeetMe and videoconferences using Skype for Business.

Looking ahead, Acland-Hood said HMCTS is testing and expanding its use of a fully video hearings system, the ‘cloud video platform’ (CVP), which has been used in certain civil, family and tax tribunal hearings. She said about 85% of cases are using audio and video technology. She added that HMCTS is keen to hear feedback from ‘everyone involved’.

Judges have been instructed to conduct hearings remotely where possible, while the Ministry of Justice has consolidated courts and buildings into fewer buildings to help prevent the spread of COVID-19. Currently, 160 court buildings are open to the public for essential hearings and a further 116 courts are staffed but closed to the public with parties accessing proceedings remotely. The Crown Prosecution Service has instructed prosecutors to prioritise serious cases to manage the impact of the pandemic.

Meanwhile, family lawyers have warned that couples face delays of several months to process divorce petitions, and the situation is likely to get worse.

Divorce is categorised by HMCTS as ‘work that we will do our best to do’. According to Lisa Pepper, partner, Osbornes Law, the latest guidance from Bury St Edmunds Divorce Centre reveals it is processing petitions received seven weeks ago, decree nisi applications are taking 11 weeks and consent orders are taking 13 weeks.

Pepper said: ‘The divorce courts, which were already over stretched are facing a crisis because of the coronavirus pandemic. It is crucial that this problem is addressed to ensure that delays don’t get any worse.’