Three out of five judges and more than half of lawyers say remote hearings affected their health and wellbeing, according to an HM Courts and Tribunals Service (HMCTS) report
The most common issue reported by judges was increased fatigue, followed by a rise in stress, a heavier workload and fewer breaks. The lawyers, while appreciating the reduction in travel and waiting times, found the hearings more tiring, missed the interaction in court and found work and home boundaries more challenging.
The HMCTS report, ‘Evaluation of remote hearings during the COVID 19 pandemic’, published last week, highlighted difficulties where hearings required interpreters. For example, the interpreter or signer not being visible to their client, not audible and the hearing taking longer than usual.
Nearly four out of five public users attended the remote hearing from their home, which made it harder for them to communicate with their legal representative during the hearing. Lack of communication about delays and cancellations of remote hearings also proved troublesome for 36% of legal representatives and their clients.
The most important factor when deciding whether to hold the hearing remotely was the vulnerability of parties. Other key factors were length and complexity of hearing, seriousness of outcome, stated preference of public users and health considerations. Where remote hearings involved vulnerable individuals, those individuals were particularly less likely to find it easy to communicate with their lawyer―41% disagreed it was easy compared to 29% of individuals not classed as vulnerable.
One in five public users experienced technical difficulties during the hearing, the main issues being audio quality and connection. Despite this, there were few adjournments and only a handful of public users reported difficulties accessing the hearing.
Law Society president I Stephanie Boyce said the research ‘reflects concerns we have raised that in some scenarios they are unsuitable and can have a serious impact on access to justice and may not be suitable for vulnerable people’. Law Society research in September 2020, Law under lockdown, found only 16% of solicitors felt vulnerable clients could participate effectively in remote hearings, and only 45% were confident non-vulnerable clients could do so.
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