Remote hearings to be implemented where possible

COVID19 has very clearly brought a disruption to all of our lives and we need to take a reflective look at how we are to rearrange our personal lifestyles and our business activities. This may necessarily mean, at times, looking at the box from the inside and realising that there is more room to manoeuvre than we had anticipated and for us to invest in new approaches.

We at Fiona Bruce LLP, while we appreciate that matters cannot necessarily be conducted in the same way, have been innovative in advancing matters on behalf of our clients but at all times operating within legal frameworks and structures.

Our litigation matters are proceeding albeit in ways in which the Courts, ourselves and our clients have not envisaged.

A new Civil Justice Protocol has emerged regarding remote hearings and it is necessary for all parties to adjust to the Protocol and to the new approach in dealing with hearings.

The Protocol makes it clear that in view of the pandemic it is necessary for remote hearings to be implemented where possible so as to minimise the risk of transmission of COVID-19. The method by which these hearings are conducted will always be a matter for the Judge to decide in accordance with rules, practices, laws and directions. Clients should not be concerned that hearings will not be public hearings and in order to comply with the public hearing requirement, envisaged by the civil practice rules, the Court will relay an audio, and if available, a video of the hearing to an open court room by use of the courts normal recording system whether  the remote hearings are conducted by medium such as BT MeetMe, SKYPE for Business, Zoom or otherwise. Clearly where remote hearings are not possible for one of a number of reasons a case may well need to be adjourned.

We at Fiona Bruce LLP have adjusted to the changes and our civil litigation matters are proceeding in a way that our clients are now served, while differently, yet just as effectively and efficiently.

The contents of this article do not constitute legal advice and are provided for general information purposes only.