COVID-19 and remote trials – 4 New Square

Posted April 17th, 2020 in chambers articles, coronavirus, courts, live link evidence, news, trials by sally

‘The first judgment has now been reported on the effect of COVID-19 on a forthcoming trial. In Re One Blackfriars Ltd, Hyde v. Nygate [2020] EWHC 845(Ch), John Kimbell QC, sitting as a Deputy High Court judge, refused to adjourn a trial due to start in June but ruled that it should proceed remotely by video-link.’

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4 New Square, 14th April 2020

Source: www.4newsquare.com

Judges cannot be expected to undertake their full list remotely: senior members of judiciary warn – Local Government Lawyer

Posted April 16th, 2020 in coronavirus, courts, judges, judiciary, live link evidence, news, trials by sally

‘All judges and leadership judges need to recognise that doing as much as possible remotely “does not mean, and cannot mean, trying to do everything remotely”, there senior members of the judiciary have warned.’

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Local Government Lawyer, 15th April 2020

Source: www.localgovernmentlawyer.co.uk

The impact of Coronavirus, part 1: trial by jury during a pandemic – 6KBW College Hill

‘Covid 19: the current situation is so fast moving that anything written will almost inevitably be out of date by the time it is typed. However, following the effective “lock down” from 8.30pm on 23 March 2020 it may be that there are fewer further changes until restrictions can be eased, and it is useful to reflect on the effect so far.’

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6KBW College Hill, 30th March 2020

Source: blog.6kbw.com

Lord Chancellor praises lawyers’ “heroic” efforts – Legal Futures

‘The Lord Chancellor Robert Buckland yesterday praised lawyers for their “heroic efforts” in trying to keep trials going during the coronavirus pandemic.’

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Legal Futures, 25th March 2020

Source: www.legalfutures.co.uk

Jurors packed into crowded courts: how the government defied coronavirus advice – The Guardian

Posted March 24th, 2020 in coronavirus, courts, health, health & safety, juries, news, trials by sally

‘Trials may now be suspended in England, but forcing people to mix in cramped rooms during a coronavirus crisis was risky at best.’

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The Guardian, 23rd March 2020

Source: www.theguardian.com

Government identifies justice system’s keyworkers – Legal Futures

‘Legal professionals involved in court and tribunal hearings, as well as those advising people deprived of their liberty or on executing wills are ‘keyworkers’, the Ministry of Justice (MoJ) has said.’

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Legal Futures, 23rd March 2020

Source: www.legalfutures.co.uk

Self-isolating litigant in person appears via barrister’s mobile – Litigation Futures

‘A barrister has spoken of how a self-isolating defendant in a fast-track personal injury claim appeared before the court via WhatsApp video.’

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Litigation Futures, 23rd March 2020

Source: www.litigationfutures.com

Jury trials on hold in England and Wales due to coronavirus fears – The Guardian

Posted March 23rd, 2020 in coronavirus, courts, delay, health, health & safety, juries, live link evidence, news, trials by sally

‘All jury trials in England and Wales are being temporarily suspended because of the risk of spreading coronavirus infections, the lord chief justice has announced.’

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The Guardian, 23rd March 2020

Source: www.theguardian.com

Coronavirus: Jury trials, message from the Lord Chief Justice – Courts and Tribunals Judiciary

Posted March 18th, 2020 in coronavirus, courts, health, health & safety, juries, news, trials by sally

‘The impact of the public health emergency on the operation of the courts has been under constant review. In all jurisdictions steps are being taken to enable as many hearings as possible to be conducted with some or all of the participants attending by telephone, video-link or online. Many court hearings will be able to continue as normal with appropriate precautions being taken. We must make every effort to maintain a functioning court system in support of the administration of justice and rule of law.’

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Courts and Tribunals Judiciary, 17th March 2020

Source: www.judiciary.uk

Lawyers and women’s rights charities call for family court judge’s cases to be reviewed – Local Government Lawyer

‘Over 130 family lawyers and women’s rights groups have called for Judge Tolson’s continuing cases to be reviewed, following Justice Russell’s condemnation of the family court judge’s treatment of an allegation of sexual assault in a child protection fact-finding trial last month.’

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Local Government Lawyer, 20th February 2020

Source: www.localgovernmentlawyer.co.uk

Extended pilot of fully video hearings made opt-out – Legal Futures

Posted February 21st, 2020 in civil procedure rules, live link evidence, news, pilot schemes, trials by sally

‘A pilot of fully video hearings in the civil courts is to be extended and turned from opt-in to opt-out, the Civil Procedure Rule Committee (CPRC) has decided.’

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Legal Futures, 21st February 2020

Source: www.legalfutures.co.uk

Article 6 breaches prove no magic bullet for convictions on appeal (R v Abdurahman) – 5 SAH

‘Rebecca Hill provides her Corporate Crime analysis for Lexis Nexis PSL: The Court of Appeal considered the safety of the conviction of Abdurahman who had assisted one of the 21/7 London bombers after the event. It reaffirmed that its purpose is to objectively appraise the safety of a conviction looking to all the circumstances, notwithstanding in this case a finding by the Grand Chamber of the European Court of Human Rights (ECtHR) that Mr Abdurahman’s rights under Article 6 of the European Convention on Human Rights (ECHR) (right to a fair trial) had been breached.’

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5 SAH, 3rd February 2020

Source: www.5sah.co.uk

Vulnerable witness, domestic abuse and special measures- the importance of ensuring a fair trial – Becket Chambers

‘This article explores the approach a court should take in relation to vulnerable witnesses, in particular those that have experienced domestic abuse. The recent case of H v F [2020] EWHC 86 (Fam) demonstrates that a case will be successful on appeal if the correct procedures are not complied with.’

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Becket Chambers, 3rd February 2020

Source: becket-chambers.co.uk

How do you balance the prejudice between parties when one party could be left with an undefendable claim? – Parklane Plowden

‘HHJ Freedman, the Designated Civil Judge in Newcastle, had to grapple with this in the case of Mitchell v Precis 548 Ltd [2019] EWHC 3314 (QB). HHJ Freedman had to decide whether to accede to the request of a First Defendant in the proceedings as to whether to vacate a trial 2 days before it was due to start.’

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Parklane Plowden, 24th January 2020

Source: www.parklaneplowden.co.uk

‘Hot courting’ is causing havoc, says criminal bar – Law Society’s Gazette

‘So-called “hot courting” is delaying trials and fuelling job insecurity for barristers, the criminal bar has warned. Caroline Goodwin QC, chair of the Criminal Bar Association, said that the practice of different judges using the same courtroom back-to-back has caused backlogs of cases – just for the sake of “saving electric”.’

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Law Society's Gazette, 22nd October 2019

Source: www.lawgazette.co.uk

Failure to attend trial “means more than turning up late” – Litigation Futures

Posted September 5th, 2019 in appeals, civil procedure rules, debts, delay, loans, news, striking out, trials by tracey

‘The High Court has set aside an order made by a recorder striking out a claim because the claimants were two hours late for a trial in Cornwall.’

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Litigation Futures, 5th September 2019

Source: www.litigationfutures.com

Tommy Robinson Is Jailed For Contempt Of Court: Here’s What It Means – Rights Info

‘Former English Defence League leader Tommy Robinson has been jailed for nine months after being found guilty of contempt of court.’

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Rights Info, 11th July 2019

Source: rightsinfo.org

Tommy Robinson jailed for contempt of court – BBC News

‘The ex-English Defence League leader was found guilty last week of interfering with the trial of a sexual grooming gang at Leeds Crown Court in May 2018.’

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BBC News, 11th July 2019

Source: www.bbc.co.uk

South Wales Police misconduct officer Rebecca Bryant sacked – BBC News

‘A police officer has been sacked after lying about knowing a juror in a murder trial, leading to three convictions being quashed and a retrial.’

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BBC News, 20th June 2019

Source: www.bbc.co.uk

Prosecutors threaten trial walk-outs in CPS pay row – BBC News

‘Criminal barristers in England and Wales are threatening to walk out of trials or refuse new work over a pay row with the Crown Prosecution Service.’

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BBC News, 23rd April 2019

Source: www.bbc.co.uk