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.
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.
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