The Lord Chief Justice of England and Wales has told all judges that they will be using technology to conduct business which even a month ago would have been unthinkable. Final hearings and hearings with contested evidence very shortly will be conducted using technology (THREAD)
Otherwise, says Lord Burnett of Maldon, “there will be no hearings and access to justice will become a mirage. “Even now we have to be thinking about the inevitable backlogs and delays … that will build to an intolerable level if too much court business is simply adjourned.”
Lord Burnett urges all judges in England and Wales before agreeing to adjourn any hearing to use available time to explore with the parties the possibility for compromise.
Lord Burnett says rules in both
civil and family courts are flexible enough to enable telephone and video hearings of almost everything. “Any legal impediments will be dealt with.” HMCTS are working on expanding technology but there are phones, some video facilities and Skype.
civil and family courts are flexible enough to enable telephone and video hearings of almost everything. “Any legal impediments will be dealt with.” HMCTS are working on expanding technology but there are phones, some video facilities and Skype.
Lord Chief Justice says “the default position now in all jurisdictions must be that hearings should be conducted with one, more than one or all participants attending remotely. That will not always be possible. Sensible precautions should be taken when people attend a hearing.”
In detailed advice available to judges on their private intranet, Lord Burnett encourages them to think creatively about solutions to maximise social distancing while allowing as much court business as possible to continue in a safe environment.
Lord Burnett tells judges dealing with any possession [housing eviction] claim during the crisis must have in mind the public health guidance and should not make an order that risks impacting on public health. Applications to suspend warrants of possession should be prioritised.
On crime, Lord Burnett tells judges that “particular problems are likely to be encountered in both the Magistrates’ Courts and the Crown Courts to which careful thought is being given”.
Lord Burnett says some litigants-in-person may have difficulty with telephone hearings. He expects the full co-operation of the legal profession. Indeed, the profession’s willingness to be imaginative in the use of remote technology is clear from discussions he has had with them.
Lord Chief Justice says judiciary is making arrangements to include those working in the courts within the scope of key workers who will be able to continue to send their children to schools.
Lord Burnett says individual courts must support social distancing. He suggests ways of avoiding large numbers of members of the public congregating in small waiting areas. “Whatever solutions are identified people must not be required to wait in close proximity to one another.”
Lord Chief Justice says most applications for permission to appeal, including oral reconsiderations, are likely to be suitable for telephone hearing, except for litigants in person.
Final appeals may be suitable for hearing by telephone. (END THREAD).
Final appeals may be suitable for hearing by telephone. (END THREAD).
