header-logo header-logo

17 June 2021
Categories: Legal News , Profession , Brexit , Covid-19 , Procedure & practice
printer mail-detail

LNB News: Mrs Justice Cockerill speech on commercial dispute resolution post-Brexit and coronavirus (COVID-19)

Mrs Justice Cockerill has given a speech at the Dispute Resolution Forum 2021 highlighting the challenges faced by the judiciary and the court system following coronavirus (COVID-19) and Brexit. 

Lexis®Library update: Cockerill J explained the many problems that have developed as a result of remote hearings, and what needs to change to preserve the English courts as the jurisdiction of choice for dispute resolution in a post-Brexit paradigm.

Cockerill J stated in her speech that cross examination during remote hearings differs from in-person questioning in two ways. First, the quality and depth of the interaction suffers as a result of the loss of body language between counsel and witness. The second, is that in her view, witnesses tend to be more disinhibited when engaged in a remote cross examination. She reminded that the purpose of cross examination is not to make the witness feel more relaxed, but to get to the truth of a matter. Cockerill J elaborated her fear that being at home or within a safe territory, shielded from the critical eye of the judge and counsel can make it easier for a witness to lie, or not tell the whole truth.

Cockerill J pointed to another aspect of disinhibition caused by remote hearings by providing the example of the BBC case R (Finch) v Surrey County Council (Contempt) [2021] EWHC 170 (QB), where the BBC broadcasted ongoing remote hearings as it was possible to access them online.

As a second heading of her speech, in relation to coronavirus, Cockerill J shared her concern that fundamental aspects of learning are lost without in person interaction. In her view, pupils, trainee solicitors, clerks and staff, have lost learning opportunities without personal interaction and presence in court.

Cockerill J then reminded that complacency must be resisted if the English courts are to remain the favoured venue for dispute resolution.

She recommended that improvements be made to the procedural effectiveness of the courts and that the law be developed in a way that is responsive to modern financial transactions.

Finally, Cockerill J highlighted the Law Commission’s work to review the Arbitration Act 1996 and stressed the importance of not missing this opportunity to develop arbitration.

The full speech can be read here.

Source: Speech by Mrs Justice Cockerill: Learning our ABC’s: Thoughts about Commercial Dispute Resolution After Brexit and COVID

This content was first published by LNB News / Lexis®Library, a LexisNexis® company, on 16 June 2021 and is published with permission. Further information can be found at: www.lexisnexis.co.uk.

MOVERS & SHAKERS

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

back-to-top-scroll