MAZUR MATTERS 51: WHY THE HEARING IS NOT BEING “LIVESTREAMED”: A QUICK WORD FOR THE CONSPIRACY THEORISTS

The appeal in the decision of Mazur -v- Charles Russell Speechlys LLP continues today. There were (I am told) some 400 people watching remotely.   This has not stopped a large number of people  online putting forward (sometimes bizarre) theories as to why observers have to obtain a link rather than livestream.  The reason is a simple one – the Court of Appeal (being a court of law and all) cannot break the law…

THE STATUTORY INSTRUMENT

The legislation that allows recording and broadcasting of the Court of Appeal is The Court of Appeal (Recording and Broadcasting) Order 2013. You can read it here.

THE RULES WHEN THERE ARE LITIGANTS IN PERSON

Ms Mazur and Mr Stuart (who are the named respondents to the appeal) are appearing and representing themselves and attending the hearing.  Regulation 6 of the order prevents a hearing being broadcast when a party is not legally represented.

“6.—(1) Subject to paragraph (2), recording is only of—

(a)submissions of a legal representative;

(b)exchanges between a legal representative and the court;

(c)the court giving judgment.

(2) In a hearing where any party is not legally represented, recording is only of the court giving judgment.”

Because they are not legally represented the Court of Appeal could not record the hearing and, therefore, the only means of watching it is by link.  This issue was clearly realised late in the day and not fully explained last week when the court wrote stating that live streaming was not taking place. It was, however, explained at the outset of the hearing.

HOW YOU CAN WATCH THE HEARING

The Law Society Gazette reports

“Anyone wanting to watch or listen remotely must now make a transmission direction request by emailing civilappeals.listing@justice.gov.uk, giving their full name, email address and location. Those outside England and Wales are likely to be denied access.

Applicants should also set out any information in support of the request, and give an undertaking to the court not to make any recording of proceedings.”

I did this and was sent a link within 10 minutes (over lunchtime).

JOHN HYDE’S LIVE COVERAGE

John Hyde is blogging about the case live.  The link can be found here.