‘The Master of the Rolls, Sir Terence Etherton, has established a cross-sector working group to address concerns about the consequences of the current stay on housing possession claims ending.’
Local Government Lawyer, 5th June 2020
Source: www.localgovernmentlawyer.co.uk
‘ “Open justice” is a cornerstone of the legal system for England and Wales. The Court of Protection makes life-changing decisions on behalf of vulnerable people, such as where they live, who they can have contact with, what medical treatments they must have. These are decisions with huge consequences for the person at the centre of the case (known as “P”), and for their family – and they engage fundamental human rights. There is a clear and legitimate public interest in knowing what decisions are made by the courts and how those decisions are made.’
Transparency Project, 7th June 2020
Source: www.transparencyproject.org.uk
‘The Master of the Rolls, Sir Terence Etherton, the chair of the independent Civil Justice Council and Head of Civil Justice, has welcomed the Civil Justice Council’s rapid review of the impact of the COVID-19 pandemic on the civil justice system, particularly the swift expansion of the use of remote hearings. The review, conducted with the support of the Legal Education Foundation, launched on 1 May 2020 and concluded on 15 May 2020. It was particularly aimed at court users whose hearings took place between 1 May and 7 May 2020.’
Courts and Tribunals Judiciary, 5th June 2020
Source: www.judiciary.uk
‘People should not presume that remote hearings cannot be used for cases where the credibility of witnesses is at stake, the IT adviser to the Lord Chief Justice has said.’
Legal Futures, 4th June 2020
Source: www.legalfutures.co.uk
‘Court hearings held remotely in lockdown disadvantage vulnerable people and should not be used longer term, lawyers and charities have said.’
BBC News, 4th June 2020
Source: www.bbc.co.uk
‘The head of the Nuffield Family Justice Observatory on how parents and children are being failed during the coronavirus crisis.’
The Guardian, 2nd June 2020
Source: www.theguardian.com
‘The judgment addresses the question of whether a fact-finding hearing should continue either remotely or semi-remotely or whether the case should be adjourned until an in-person hearing of pre-Covid 19 format can take place.’
Park Square Barristers, 19th May 2020
Source: www.parksquarebarristers.co.uk
‘Remote hearings have been a successful emergency measure but should not be taken as establishing a settled mode of operation for the family courts after Covid-19, a leading judge has warned.’
Legal Futures, 26th May 2020
Source: www.legalfutures.co.uk
‘Cases involving bigamy are relatively rare, and the judgment of Williams J in Padero-Mernagh v Mernagh provides a useful analysis of the relevant law in that regard. Of particular note, however, is the way in which the final hearing was dealt with remotely, in light of the COVID-19 pandemic.’
Family Law, 28th May 2020
Source: www.familylaw.co.uk
‘The Law Society has urged the President of the Family Division to issue “best practice” and “top tips” rather than full prescriptive guidance on remote hearings.’
Local Government Lawyer, 27th May 2020
Source: www.localgovernmentlawyer.co.uk
‘COVID-19 has taken a hammer to the already fragile transparency in our justice system. Open justice means that justice must not only be done but must be seen to be done. While journalists and court reporters can bring what happens in court to houses around the country, public access to our courts ensures judges and lawyers are sufficiently scrutinised. The coronavirus pandemic and the transition to virtual courts has all but severed public access to magistrates’ courts, risking the routine occurrence of miscarriages of justice with little prospect of correction.’
Transparency Project, 27th May 2020
Source: www.transparencyproject.org.uk
‘The pandemic has led to big changes in trials, many of of which are likely to be permanent.’
The Guardian, 24th May 2020
Source: www.theguardian.com
‘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
‘As a result of the Covid-19 pandemic, on 19 March 2020, the Lord Chief Justice delivered a message in respect of the Civil & Family Courts in which he said: “The default position now in all jurisdictions must be that hearings should be conducted with one, more than one, or all participants attending remotely.” Legal professionals are naturally anxious to know what may be expected of them in practically in preparation for such hearings.’
Falcon Chambers, May 2020
Source: www.falcon-chambers.com
‘It is “vitally important” that remote hearings are not accepted as the “new normal” in the civil courts after the coronavirus pandemic passes without substantial work on the quality of justice delivered, the Law Society has warned.’
Litigation Futures, 21st May 2020
Source: www.litigationfutures.com
‘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
‘Whether a case proceeds by remote hearing must be decided on the sometimes competing factors of the individual case. However, pushing forward to achieve remote hearings must not be at the expense of a fair and just process. The decision of the President distils a number of key principles to be borne in mind. Just because a matter can be heard remotely does not mean it must be. In this case the delay in proceedings was outweighed by the fact that the hearing could not be properly or fairly conducted without the physical presence of the mother before the judge in the courtroom. As a result of that decision, the President re-listed the matter until such time that the restrictions relating to Covid-19 are lifted.’
Park Square Barristers, 14th May 2020
Source: www.parksquarebarristers.co.uk
‘The county court has responded rapidly to the sudden and unprecedented change to its working practices. However, the move to remote hearings has brought a marked decline in the retention of existing listings. Many litigants have found their hearings adjourned by the court even when those hearings were, on the face of it, suitable for hearing remotely.’
3PB, 12th May 2020
Source: www.3pb.co.uk
‘The view that careful adherence to proper legal process and appropriate authorisation of deprivations of liberty may now, at times, be required to give way to other pressing welfare priorities is “entirely misconceived”, the Vice President of the Court of Protection has warned.’
Local Government Lawyer, 15th May 2020
Source: www.localgovernmentlawyer.co.uk
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