THE FIRST VIRTUAL TRIAL IN THE COMMERCIAL COURT – READ ALL ABOUT IT
There is an interesting article by Stewarts about an ongoing trial in the commercial court that is continuing remotely. The trial of National Bank of Kazakhstan & Others v The Bank of New York Mellon & Ors is continuing remotely….
MORE USEFUL GUIDANCE ON BUNDLES AND VIRTUAL HEARINGS
Caselines has kindly sent me details of their very useful “COVID-19 Resource Hub” TOPICS COVERED Pandemics, Privacy, and Confidential Data Security: Managing Information Risk is Critical Video: Introduction to a CaseLines Bundle Quick Reference Guide: From Invite to…
REMOTE HELP FOR PUPILS (1): PUPILLAGE FORM/INTERVIEW CLINIC
This may be a good time to publicise those people or organisations offering help to pupil Barrister Joanna Hardy, @Joanna__Hardy, is running a remote pupillage form/interview clinic on the 3rd April. With the adding bonus that you may get to…
CIVIL LITIGATION AND COVID-19: GUIDANCE from 2TG
2TG have kindly sent me a link to their guidance “Civil Litigation in the time of Covid-19: Everything you need to know and consider”. The link is available here. (I have no difficulty in putting up guidance from any …
GUIDANCE IN DEVON AND CORNWALL: VACATION OF COURT HEARINGS AND RE-LISTING
The President of Plymouth Law Society has sent out the following guidance. COVID-19 – URGENT – CIVIL COURT HEARINGS TO BE VACATED – HHJ GORE QC Dear Member If you are a Civil Court user please read the notice below from…
INNOVATIVE APPROACH WHEN PROPOSED APPELLANT UNABLE TO ATTEND COURT
In [2020] EWHC 735 (QB) Mrs Justice Tipples took an innovative approach to the problems caused by a claimant’s inability to attend court because of the coronavirus problems. The submissions were made by email. THE CASE The judge was…
REMOTE HEARING – WENT AHEAD AND WORKED
In Jalla & Ors v Royal Dutch Shell Plc & Ors [2020] EWHC 738 (TCC) Mr Justice Stuart-Smith gave judgment in a hearing that was conducted remotely. This demonstrates that, with considerable effort, remote hearings can work in complex hearings….
Video: Creating and using electronic hearing bundles: St Philips Chambers
St Philips Chambers have kindly sent me a link to their video “Creating and using electronic hearing bundles” available here. https://youtu.be/WmUDC3i9aTw The video explains how to create and use an electronic trial or hearing bundle using Adobe Acrobat Pro…. Enjoying…
117th Practice Direction Update to the Civil Procedure Rules – Coronavirus Pandemic related.
New Practice Direction 51Z to Stay Possession Proceedings The Master of the Rolls and the Lord Chancellor have signed Practice Direction 51Z (PD) in relation to housing possession proceedings during the Coronavirus pandemic. It follows the Coronavirus Act 2020 emergency legislation and complements…
Contingency planning – courts and tribunals: Statement from the Lord Chief Justice and President of Tribunals
“Contingency planning – courts and tribunals 1. The COVID-19 pandemic and the rapid spread of the virus around the country presents an unprecedented challenge to all those involved in the administration of justice. 2. It is vital to maintain a…
TWITTER SOURCED ADVICE: “LOW TECH” IDEAS FOR WORKING AT HOME
Again I have used the media of Twitter to get “low tech” advice for working at home. Your ironing board has more uses than one. Emma Bower (@EmmaMcBower) I’d say keeping a normal routine of getting up, washed, dressed and…
USEFUL LINKS: SUPPORT FOR INDIVIDUALS (WELLBEING AND HEALTH)
Continuing with the series on useful links, here we look at links to help with health and wellbeing. MENTAL HEALTH SAMH is Scotland’s national mental health charity and has been around since 1923. They have a page dedicated…
Virtual Settlement Meetings and Mediations: (Mediation when living a Cloistered life…)
Cloisters Chambers has produced a video Virtual Settlement Meetings and Mediations, available here. https://youtu.be/sd5qiWH-KPE THE VIDEO There is a simulated virtual mediation. This is explained by the Cloisters’ team that produced it. “The attached guide is a record of our…
USEFUL LINKS: FINANCIAL HELP FOR INDIVIDUALS DURING THE CORONAVIRUS CRISIS
Here we look at useful links for financial advice for individuals. MoneySavingExpert has a guide to financial help and rights during the coronavirus outbreak. This is said to be constantly updated and if you have a question that is not covered,…
USEFUL LINKS: SUPPORT FOR LAWYERS DURING THE CORONAVIRUS CRISIS (BECAUSE LAWYERS ARE PEOPLE TOO…)
The third in the series on useful links. Here we look at help and guidance for lawyers. GENERAL GUIDANCE The Law Society offers advice and updates on Coronavirus for the legal profession, including advice for: employers firm owners, managing partners and…
GUIDANCE IN CIVIL CASES FROM THE DCJ FOR NORTHUMBRIA AND DURHAM
HHJ Jeremy Freedman, DCJ for Northumbria and Durham, has given the following guidance for courts within that area. Note: (1) The extension of time for the parties to agree variation of the timetable to 90 days; (2) Electronic signatures will…
WORKING FROM HOME: USEFUL ADVICE: ERGONOMICS, PERIPHERALS AND MUCH MORE
I have a thread running on Twitter at the moment on “low-tech” advice about working from home. This will appear on this blog soon (and all I can say at present is that ironing boards are featuring a lot). I…
USEFUL LINKS: SUPPORT FOR BUSINESSES DURING THE CORONAVIRUS CRISIS
Continuing with the series on useful links, her are links to useful links for businesses. The British Chambers of Commerce has a Coronavirus Hub. This provides information based on official guidance from the UK government and it is amended as and…
CORONAVIRUS USEFUL LINKS: GUIDANCE FOR THE SELF-EMPLOYED
I will be providing regular updates on useful links. Here we look at useful guides and links for the self-employed. BBC News reports that new measures will be unveiled for self-employed workers facing financial difficulties as a result of coronavirus later…
MODEL LETTERS FOR LAWYERS IN THE CORONAVIRUS CRISIS
I am grateful to John McQuater, solicitor, for sending me copies of model letters for use in the current crisis. The first is for the client, the other to the other side in litigation. Emergency 1 – Letter to client…
INFORMATION FOR QUEEN’S BENCH COURT USERS QUEEN’S BENCH MASTERS HEARINGS AND QB ACTION DEPARTMENT
Further guidance has been issued by the Queens’ Bench Division in relation to hearings before QB Masters. CORONAVIRUS BULLETIN 2 “In the light of the developments of the last 48 hours, the situation has changed from the communication sent out…
REMOTE WORKING AND THE LITIGATOR 4: YOU CAN AGREE TO EXTEND TIME FOR SERVICE OF THE CLAIM FORM: BUT YOU HAVE TO BE CAREFUL
One question asked after I gave a webinar this morning was whether it is possible for the parties to agree an extension of time for service of the claim form. The brief answer is – yes it is. Care has…
NEW PRACTICE DIRECTION COMES INTO FORCE TODAY: VIDEO OR AUDIO HEARINGS DURING CORONAVIRUS PANDEMIC
A new Practice Direction comes into force today governing remote hearings. 116th UPDATE – PRACTICE DIRECTION AMENDMENTS PRACTICE DIRECTION 51Y – VIDEO OR AUDIO HEARINGS DURING CORONAVIRUS PANDEMIC This Practice Direction supplements Part 51 1. This practice direction, made under…
LIVERPOOL CIVIL COURT HAS OPENED A TWITTER ACCOUNT: JUST WHEN WE NEED A LITTLE HELP FROM OUR FRIENDS…
Liverpool Civil Court has opened its own Twitter Account. @court_civil THE ACCOUNT The account opened today has the byline “Judges and staff at Liverpool civil courts engaging with court users, at times of Covid 19 and hopefully beyond” THE…
REMOTE WORKING AND THE LITIGATOR 3: SIGNING WITNESS STATEMENTS IN A TIME OF SOCIAL ISOLATION
One major difficulty that faces all litigators at present is how to get witness statements signed. Here are a few ideas. E-SIGNATURES MAY BE VALID There is no binding authority on this issue. However the decision of District Judge…
MEDICAL EXAMINATIONS: MEDCO ALLOW REMOTE EXAMINATIONS
Last week Medco issued a ban on remote video medical examinations. Today it has changed its mind, in an announcement available here. THE ANNOUNCEMENT REMOTE EXAMINATIONS With immediate effect and until further notice the ban on remote video medical…
AN OPEN LETTER TO THE CIVIL PROCEDURE RULE COMMITTEE: DO SOMETHING AND DO IT NOW – FOR THE SAKE OF THE COUNTRY
Earlier today I tweeted “Anyone want to join me in an “open letter” to the Civil Procedure Rule Committee (& anyone else who will listen). We need guidance NOW to allow the parties to agree open-ended extensions of time. This…
INSURERS AND CLAIMANTS COVID-19 PROTOCOL.
The Association of British Insurer’s website carries details of a Protocol put in place to deal with the COVID-19 situation. There is a list of signatories on the site, that list also contains the “escalation email address” and hotline number…
MODEL: AGREED PROCEDURAL TEMPLATE FOR JOINT SETTLEMENT MEETINGS HELD REMOTELY
39 Essex Chambers have sent me a model Agreed Procedural Template for Joint Settlement Meetings held remotely and kindly said I can share it. This is available on their website – here. “The parties to a remote JSM agree…
THE EXPLANATORY NOTES TO THE CORONAVIRUS BILL: LIVE LINKS IN COURT PROCEEDINGS
The explanatory notes to the Coronavirus Bill have a detailed explanation of the plans for the expansion of live links in court proceedings, particularly criminal proceedings. Clause 51 and Schedule 22 Expansion of availability of live links in criminal proceedings…
USEFUL GUIDANCE ON REMOTE HEARINGS: FROM START TO FINISH
I am grateful to barristers Rebecca Musgrove and Iain Hutchinson who have sent me a copy (and permission to circulate) of their guide to remote hearings. It provides step by step guidance (and photographs) to help those unfamilar with the…
LAW SOCIETY ADVICE ON CORONAVIRUS: WORKING FROM HOME POLICY: “YOU WILL BE AT RISK OF FACING A STRONG LEGAL CLAIM”
The Law Society has a specific advice page on Coronavirus available here. There have been comments this morning about some firms insisting staff attend work. It is worthwhile reading the Law Society advice. “If you refuse to allow…
NOTICE FROM THE DCJ IN MANCHESTER: ALL FACE TO FACE HEARINGS UP TO THE 31ST MARCH ARE ADJOURNED
The DCJ in Manchester has issued the following notice. “NOTICE TO COURT USERS All face-to-face hearings due to take place today and up to and including Tuesday 31 March 2020 are hereby adjourned. Further directions will be issued in…
THE REMOTE ACCESS FAMILY GUIDE
In an astonishingly short amount of time Mr Justice MacDonald has written The Remote Access Family Guide. It is available on the link here (It downloads as a document onto your computer). VERSION 1 It is emphasised that this…
LISTING PROTOCOL FOR CIVIL COURTS: NORTH AND WEST YORKSHIRE AND LEEDS DISTRICT REGISTRY
HHJ Gosnell has issued a Listing Protocol covering procedure in the county court North and West Yorkshire or in the District Registry of the Queen’s Bench Division in Leeds” Note, in particular, the adjournment of all ongoing possession proceedings. …
EBUNDLING: VERY USEFUL STEP BY STEP GUIDE
James M Turner QC has prepared an EBundling Guide to help advocates and other deal with the issue of preparing bundles. This is a task we may all have to come to terms with in the very near future. The…
WORKING FROM HOME – WITH A LITTLE HELP FROM MY FRIENDS (1): GUIDANCE FROM THE NICE PEOPLE ON TWITTER
Once resource we can freely use is help from friends and colleagues on social media. I asked the good people of Twitter to give advice about working from home. Here are some of the replies (I may have missed some…
CLOISTERS GUIDE TO MAKING VIRTUAL HEARINGS IN THE EMPLOYMENT TRIBUNAL WORK
I am grateful to Chesca Lord from Cloisters for pointing out and sending me a link to the post “Making virtual hearings in the Employment Tribunal work.” This is available here. https://youtu.be/GnT9Deye7Ok VIDEO GUIDANCE This includes a 15 minute video…
WEBCAST GUIDES TO ONLINE COMMUNICATIONS AND HEARINGS – FROM ISHAN KOLHATKAR
I made Ishan Kolhatkar Civil Litigation Brief “Lawyer of the Year” last year for the wonderful work he did on the Billable Hour cookbook. Ish is a man of many talents. He has now sent me links to the webcasts…
“CONSIDER THE BACKDROP”: “ADVOCATES NEED NOT RISE” – GUIDANCE FROM THE CRIMINAL APPEALS CRIMINAL DIVISION
My favourite wording in any guidance given so far. Someone has suggested this, or similar, to give the appropriately authentic backdrop. THE GUIDANCE “The Vice-President of the CACD has provided the following guidance for hearings in the CACD during the…
REVIEW OF COURT ARRANGEMENTS: MESSAGE FROM THE LORD CHIEF JUSTICE
As I am reading reports of numerous courts being open and requiring personal attendance today (23rd March) the Lord Chief Justice has issued a further note. Jury trials are “paused”. It has finally dawned on someone that the practice of…
PROTOCOL REGARDING REMOTE HEARINGS: OFFICIAL GUIDANCE
This Protocol was issued on the 20th March. Civil-court-guidance-on-how-to-conduct-remote-hearings CIVIL JUSTICE IN ENGLAND and WALES PROTOCOL REGARDING REMOTE HEARINGS 20 March 2020: for publication Introduction to this Protocol 1. The current pandemic necessitates the use of remote hearings where… Enjoying…
CORONAVIRUS RESOURCE: A USEFUL SITE
I am always looking for useful links for lawyers and others during the Coronavirus crisis. Can I draw people’s attention to Coronavirus Resources This is aimed at giving help with technology. It includes sections on: Remote, flexible and online work….
SPECIFIC GUIDANCE FOR FAMILY COURTS IN DORSET
HHJ Dancey, the Designated Family Judge for Dorset, has sent out a Local Practice Guidance on COVID-19. I am grateful to barrister Amanda Bancroft for sending it to me. It provides a template for working and supplements the President’s national…
THE KINGS CHAMBERS SITE: CORONAVIRUS: GUIDANCE FOR LAWYERS AND BUSINESSES: YOU CAN NOW SUBSCRIBE
I am, for the second time, promoting the site Coronavirus: Guidance for Lawyers and Businesses. This is a site that draws across the whole range of talent, and practice areas, of my chambers and provides detailed up to date advice…
REMOTE WORKING AND LITIGATOR 2: THE STATEMENT OF TRUTH
There are likely to be very few, if any, “face to face” meetings with clients in the near future. How do we cope with the statement of truth (I will deal with the specific issue of witness statements and the…
CIVIL COURT USERS IN MANCHESTER: GUIDANCE FROM THE DESIGNATED CIVIL JUDGE
HHJ Bird has issued specific guidance for civil court users in Manchester. “Dear Court User, I am writing to let you know what steps we are taking to keep the civil courts running in these difficult times. Specific arrangements apply…
CORONAVIRUS: SPOTTING AND AVOIDING THE SCAMMERS
The current crisis is bringing out the best in a lot of people. Unfortunately it can also bring out the worst. Here are useful links dealing with scammers, phishing, false sales and how to protect yourselves from those utterly awful…
CLAIMANT BEATS OWN PART 36 OFFER: DEFENDANT ORDERED TO PAY INDEMNITY COSTS FOR AN EXTENDED PERIOD BECAUSE OF ITS CONDUCT
I am grateful to Sam Hayman from Bolt Burdon Kemp for drawing my attention to the decision today of Mr Justice Griffiths in DSN v Blackpool Football Club Ltd [2020] EWHC 670 (QB). The defendant was ordered to pay indemnity…
REMOTE WORKING AND THE LITIGATOR 1: THE NEW REQUIREMENT FOR WITNESS STATEMENTS
Given that many of us will be working from home and not having direct contact with colleagues or clients I am starting a series on the issues we litigators currently face. The first looks at the issues caused by the…
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