‘The Housing Law Practitioners Association (HLPA) has condemned proposals for resumed possession hearings in London courts as “unconscionable” and “naïve”.’
Local Government Lawyer, 28th May 2020
Source: www.localgovernmentlawyer.co.uk
‘The criminal justice system in England and Wales is facing a backlog of 40,000 criminal cases, which will not be solved even if all crown courts are brought into service under physical distancing rules, the Criminal Bar Association has warned.’
The Guardian, 24th May 2020
Source: www.theguardian.com
‘It is encouraging that HMCTS (Her Majesty’s Courts and Tribunals Service has published their organisational risk assessment, dealing with the broad approach to the assessment of risk around the attendance of public and professionals at court hearings during the Covid-19 outbreak. It is for others to comment on whether the apparent assumption that adherence to a two metre social distancing rule within court buildings will in fact be safe, though we note that some materials suggest that spending long periods of time in a confined room, especially an air conditioned one, is unlikely to be risk free. People can however, make up their own minds about that assessment and whether or not it is wise for them to attend court if not essential.’
Transparency Project, 20th May 2020
Source: www.transparencyproject.org.uk
‘Following the rapid consultation on the use of remote hearings in the family justice system, undertaken by the Nuffield Family Justice Observatory at the request of the President of the Family Division, the Civil Justice Council have now embarked on a similar consultation in relation to the civil courts.’
Transparency Project, 19th May 2020
Source: www.transparencyproject.org.uk
‘A pilot scheme has begun to restart jury trials in the UK after they were halted due to the coronavirus pandemic.’
BBC News, 18th May 2020
Source: www.bbc.co.uk
‘Have the 2013 reforms improved the youth justice experience at all or were they simply good intentions, poorly executed? A walkthrough of the key issues – and ideas for change – by Tori Adams and Kirsty Day.’
Counsel, May 2020
Source: www.counselmagazine.co.uk
‘Are our courts just buildings or something more? What role does the physical courtroom play? Rapid steps towards remote hearings today, while essential during the pandemic, could also inform future decisions on court closures warns Lorna Cameron.’
Counsel, May 2020
Source: www.counselmagazine.co.uk
‘The impartiality of the criminal justice system is being undermined by the requirement that defendants declare their nationality at the start of proceedings, a report into the legislation has said.’
The Guardian, 18th May 2020
Source: www.theguardian.com
‘This is the second case relating to the welfare of children to reach the Court of Appeal on the issue of remote hearings during the Covid-19 pandemic. The same panel of judges who dealt with Re A presided in this case. You can find the decision Re A here and Re B here.’
Broadway House Chambers, 11th May 2020
Source: broadwayhouse.co.uk
‘Disagreement and divergent approaches to this question persist since the Coronavirus Act 2020 amended the Crime and Disorder Act 1998 (CDA 1998). The position as at 1 May 2020 is as follows. John Oliver discusses for Lexis Nexis PSL.’
5SAH, 13th May 2020
Source: www.5sah.co.uk
‘Nothing better represents our idea of justice being not only done but seen to be done than the spectacle of trial by jury in the Crown Court. The arrangement of the physical space of the courtroom, the royal coat of arms behind the raised bench where the judge sits, robed and wigged, representing the majesty of the law; the dock where the captive defendant awaits the verdict of his or her “peers”, in the time-honoured words of Magna Carta; and those peers themselves, a dozen ordinary citizens doing their civic duty as jurors, ranged along one side in their jury box. Advocates, robed and wigged, take turns to present and test the case for the prosecution and the defence; witnesses are called and sworn to tell the truth, the whole truth and nothing but the truth (subject to the rules of evidence); and all of this may be watched by the public and reported by the press.’
Transparency Project, 11th May 2020
Source: www.transparencyproject.org.uk
‘A High Court judge has been forced to issue a detailed judgment in writing because his voice was “breaking up” at the end of a telephone hearing with a litigant in person (LiP) and the law firm suing her for fees.’
Legal Futures, 13th May 2020
Source: www.legalfutures.co.uk
‘Two jury trials will resume at the Old Bailey this week as first steps toward Crown court cases restarting around the country. However, the criminal bar warned that a resumption of normal service “remains many weeks off”.’
Law Society's Gazette, 10th May 2020
Source: www.lawgazette.co.uk
‘The impact of COVID-19 and the guidance from Government to take all precautions to avoid unnecessary contact, has seen understandable and unprecedented changes to the justice system. The Lord Chief Justice has announced that, where possible, criminal hearings should take place remotely and no new jury trials can begin, causing all future trials to be postponed.’
Garden Court Chambers, 5th May 2020
Source: www.gardencourtchambers.co.uk
‘Video hearings in certain criminal cases are more likely to lead to defendants receiving a prison sentence, a major study has found.’
Legal Futures, 6th May 2020
Source: www.legalfutures.co.uk
‘Covid-19 has posed a major challenge to courts around the world in maintaining the proper administration of justice. We can be very proud that the courts in the UK have already been innovative in making use of technology, using facilities such as Skype and Zoom to conduct not only contentious non-witness hearings, but even trials. This has enabled court business, at least in civil cases, to operate as close to normal as is possible. The UK courts, together with Australia and some US jurisdictions, have led the way in this respect. Even some major litigation centres, such as Hong Kong, are only now beginning to make use of technology to overcome the challenges posed by the virus.’
Radcliffe Chambers, 29th April 2020
Source: radcliffechambers.com
‘In the challenging and constraining times imposed by the Covid-19 pandemic, it can be difficult to comply with case management directions. Although the parties may agree extensions of time of up to 56 days if they do not imperil a hearing date, applications continue to be necessary where the extension may impact on a court hearing.’
Parklane Plowden Chambers, 28th April 2020
Source: www.parklaneplowden.co.uk
‘Conducting litigation in lockdown is presenting a number of challenges for civil litigators. The shift, practically overnight, to remote working is requiring lawyers to rapidly adapt their ways of working. The word from the top is that the wheels of justice must continue to turn. The default position now is that hearings should take place remotely wherever possible.’
St Ives Chambers, 27th April 2020
Source: www.stiveschambers.co.uk
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