remote hearings – Page 7 – Current Awareness

Safeguards over deprivations of liberty are “indispensable” to frail and vulnerable, says senior judge, amid “striking and troubling” drop in number of s.21A applications – Local Government Lawyer

Posted May 19th, 2020 in coronavirus, Court of Protection, deprivation of liberty safeguards, news, remote hearings by sally

‘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

Should Final Hearing continue remotely? Judgment of Lieven J [2020] EWHC 1086 (Fam) – Broadway House Chambers

Posted May 18th, 2020 in care orders, chambers articles, child cruelty, children, coronavirus, families, family courts, news, remote hearings by sally

‘ The case deals with whether to proceed with lay evidence remotely or to adjourn part heard having heard the medical evidence over a period of 5 days via Zoom. The case concerns an application for a care order for a 4 year child. In April 2019, his two month old sister died at home. The post mortem established that his sister had sustained 65 fractures to her body as well as brain injuries. As a result the child was made the subject of an interim care order in April 2019.’

Broadway House Chambers, 14th May 2020

Source: broadwayhouse.co.uk

Do our buildings make us? Covid-19 and the courts reforms – Counsel

Posted May 18th, 2020 in coronavirus, courts, news, remote hearings by sally

‘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

Presence of shielding QC at in-person hearing “not essential” – Legal Futures

Posted May 18th, 2020 in barristers, coronavirus, families, family courts, health, health & safety, news, remote hearings by sally

‘The physical presence in a sensitive family case of leading counsel shielding from Covid-19 was desirable but “not essential”, a High Court judge has ruled in ordering an in-person hearing.’

Legal Futures, 18th May 2020

Source: www.legalfutures.co.uk

The Bar in the time of coronavirus – Counsel

Posted May 15th, 2020 in barristers, coronavirus, legal profession, news, remote hearings by sally

‘The Bar… will it ever be the same again? Melanie Tether and Nadia Motraghi analyse some of the immediate challenges – how to assess the suitability of an individual case for a remote hearing; how to ensure full participation of all parties so that cases are dealt with justly, as well as on an equal footing; and how to enable open justice.’

Counsel, May 2020

Source: www.counselmagazine.co.uk

Re B (Children) (Remote Hearing: Interim Care Order) [2020] EWCA Civ 584 by Emily Ward – Broadway House Chambers

Posted May 15th, 2020 in appeals, care orders, chambers articles, children, coronavirus, courts, families, fostering, news, remote hearings by sally

‘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

Is it permissible for a defendant to attend (final) confiscation hearings via audio and/or video link during the coronavirus (COVID-19) pandemic court ‘lock down’? – 5SAH

Posted May 15th, 2020 in chambers articles, coronavirus, courts, human rights, news, remote hearings, sentencing by sally

‘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

Is Criminal Justice Under Lockdown Remotely Possible? – Transparency Project

Posted May 14th, 2020 in coronavirus, courts, criminal justice, live link evidence, news, remote hearings by sally

‘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

The magic soup stone strikes again (more new authorities about remote hearings) – Transparency Project

Posted May 12th, 2020 in care orders, contact orders, family courts, live link evidence, news, remote hearings by sally

‘[T]here are two new remote hearing related judgments out :

A Local Authority v Mother & Ors [2020] EWHC 1086 (Fam) and Re Q [2020] EWHC 1109 (Fam).’

Transparency Project, 7th May 2020

Source: www.transparencyproject.org.uk

It’s not just what you say, it’s how you act in the courtroom – Re P (A Child: Remote Hearing) [2020] EWFC 32 – 5SAH

Posted May 12th, 2020 in advocacy, chambers articles, coronavirus, family courts, news, remote hearings by sally

‘The family court has transformed in the last few weeks due to the Covid-19 pandemic. Remote court hearings were once deemed futuristic but as with other public services, the courts have had to adapt. However, in this judgment (Re P (A Child: Remote Hearing)), Sir Andrew McFarlane sent a clear message that not all hearings will be suitable for remote hearing.’

5 SAH, 6th May 2020

Source: www.5sah.co.uk

“Uphill battle” to engage judges in remote JR hearings – Litigation Futures

Posted May 12th, 2020 in judicial review, judiciary, news, remote hearings, telecommunications by sally

‘It is often impossible to sense how a judge is receiving submissions during remote judicial review hearings held during the Covid-19 lockdown, leading to confusion for advocates, a study has found.’

Litigation Futures, 11th May 2020

Source: www.litigationfutures.com

Remote Hearings and Witness Evidence – Pump Court Chambers

Posted May 12th, 2020 in chambers articles, evidence, news, remote hearings, witnesses by sally

‘Remote hearings come with particular difficulties. One obvious difficulty is that the parties cannot see each other as well as they might in the courtroom. But how much of a problem is this?’

Pump Court Chambers, 29th April 2020

Source: www.pumpcourtchambers.com

Child Protocol in Criminal Cases – Garden Court Chambers

Posted May 11th, 2020 in chambers articles, children, coronavirus, courts, criminal justice, live link evidence, news, remote hearings by sally

‘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

Interactive remote ADR: the flexible route around the ongoing court logjam – Hardwicke Chambers

Posted May 11th, 2020 in chambers articles, coronavirus, dispute resolution, news, personal injuries, remote hearings by sally

‘It’s a welcome development, recently announced in the Law Gazette, that ABI members and various claimant firms have already signed up to an ongoing protocol adding flexibility to the way claims are handled at this time. A similar agreement has been made between the Association of Personal Injury Lawyers and Forum of Insurance Lawyers.’

Hardwicke Chambers, 29th April 2020

Source: hardwicke.co.uk

When Remote Justice Works – Transparency Project

Posted May 7th, 2020 in coronavirus, disabled persons, live link evidence, news, remote hearings, telecommunications by sally

‘During the current public health emergency, remote justice – hearings conducted wholly via audio/visual conferencing platforms – is the default position for all court cases. After early enthusiasm at the fact that the courts were able to acquire the technical skills and software to actually deliver remote hearings at all, there has been increasing concern about their efficacy, fairness and transparency and – in particular – about the loss of human connection and personal engagement they can entail, as described in these accounts from a judge, a journalist, and a lawyer). There has been less feedback from lay participants involved in remote justice, either as parties, or as observing members of the public.’

Transparency Project, 4th May 2020

Source: www.transparencyproject.org.uk

Successful remote hearings: Shannon Woodley discusses the case of T v Derby City Council, A, B and X [2020] EWCA Civ 507 – Park Square Barristers

Posted May 7th, 2020 in child abuse, evidence, live link evidence, news, remote hearings by sally

‘On 7th April 2020, in one of the first hearings of its kind to be held remotely, the Court of Appeal set aside findings that a father perpetrated sexual abuse against his 9 year old daughter, X.’

Park Square Barristers, 29th April 2020

Source: www.parksquarebarristers.co.uk

Children seeing parents “distressed” by remote hearings – Legal Futures

Posted May 7th, 2020 in confidentiality, coronavirus, families, family courts, live link evidence, news, remote hearings, reports, telephone hearings by sally

‘Children are “coming in and out of the room” during remote family law hearings and in some cases witnessing their “distressed” parents, a major study has found.’

Legal Futures, 7th May 2020

Source: www.legalfutures.co.uk

“Justice Delayed is Justice Denied” The Covid-19 Effect – St Ives Chambers

Posted May 6th, 2020 in chambers articles, civil justice, coronavirus, courts, delay, live link evidence, news, remote hearings by sally

‘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

CJC launches ‘rapid review’ of remote hearings – Litigation Futures

Posted May 6th, 2020 in civil justice, consultations, coronavirus, courts, live link evidence, news, remote hearings by sally

‘The Civil Justice Council (CJC) has launched a “rapid consultation” on how the spread of Covid-19 has changed the civil justice system, particularly with the swift expansion of remote hearings.’

Litigation Futures, 4th May 2020

Source: www.litigationfutures.com

A decision “in these extraordinary times”: Re A (Children) (Remote Hearing: Care and Placement Orders) [2020] EWCA Civ 583 – Parklane Plowden Chambers

Posted May 5th, 2020 in appeals, care orders, family courts, live link evidence, news, placement orders, remote hearings by sally

‘This case has been keenly awaited by family law practitioners, being the first appeal in a public law children case to reach the Court of Appeal on the issue of remote hearings during the COVID 19 pandemic. The appeal was heard on 22 April 2020. On the following day the same bench heard the second such appeal, Re B (Children) (Remote Hearing: Interim Care Order) [2020] EWCA (Civ) 584. There will undoubtedly be further appeals in children cases heard in the High Court or the Court of Appeal on the issue of remote hearings in the coming weeks.’

Parklane Plowden Chambers, 30th April 2020

Source: www.parklaneplowden.co.uk

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