CIVIL PROCEDURE AND CORONAVIRUS: BLOG AND ARTICLES ROUND UP – MARCH 2020
Here I try to round up the key posts, articles and blogs about coronavirus that are of particular relevance to civil litigators. Courts Association for Costs Lawyers Courts to continue sitting despite coronavirus, says Lord Chancellor (19/03/2020) Herbert Smith Freehills COVID-19: Impact on civil…
CIVIL PROCEDURE AND COSTS: BLOG AND ARTICLES ROUND UP – MARCH 2020 (CORONAVIRUS FREE EDITION)
Links and articles to blog posts and articles available online in February 2020 (a separate post will deal with the many posts and articles last month on civil procedure and coronavirus). Costs Costs Barrister Hot air Costs Barrister Digital in design Association…
CORONAVIRUS BULLETIN FROM MASTER FONTAINE: ISSUED TODAY: QUEEN’S BENCH MASTERS HEARINGS
CORONAVIRUS BULLETIN 3 INFORMATION FOR QUEEN’S BENCH COURT USERS QUEEN’S BENCH MASTERS HEARINGS AND QB ACTION DEPARTMENT I would like to update QB court users on further developments that I hope will assist all those working remotely. Practice Direction 51ZA…
REASONS TO BE PROUD OF OUR PROFESSION 1: THE APIL – FOIL BEST PRACTICE FOR MUTUAL CO-OPERATION
I have been looking for examples of good practice by the legal profession during the coronavirus crisis. A good place to start is the APIL/FOIL agreement on best practice. The agreement can be found on a link on the page…
KEEPING YOUR LAW FIRM GOING DURING THE CORONAVIRUS CRISIS (1) MANAGING REMOTE WORKING
This series is looking at guides and links to help law firms stay in business during the coronavirus crisis. I am looking at guidance from around the world. Here we look at guides to manage remote working. GUIDANCE FOR LAW…
THE NEW PRACTICE DIRECTION 2: “THE COURT WILL TAKE INTO ACCOUNT THE IMPACT OF THE CORONAVIRUS PANDEMIC”
Looking at paragraph 4 of the Practice Direction today it, in effect, enshrines commonsense. However there are still steps lawyers should take to protect their clients (and their own) position. “In so far as compatible with the proper administration of…
THE NEW PRACTICE DIRECTION: THE LIMITATIONS ON THE POWER TO EXTEND TIME BY AGREEMENT AND MAKING AN APPLICATION
Although it is welcome the new Practice direction is a bit disappointing. It does not trust litigators at all (or not very much). Parties can agree extensions of up to 56 days, without permission of the Court, but not beyond…
IT IS HERE: EXTENSIONS OF TIME AND THE CORONAVIRUS CRISIS
A bit late, but still welcome, is the update, applicable from today which allows the parties to agree a longer extension of time and state, expressly, that problems caused by coronavirus will be taken to account when a court is…
COURT OF APPEAL HEAR CASE BY VIDEOCONFERENCING
Fairly soon, I am sure, the holding of hearings remotely will become such a commonplace that they will pass without comment. In the interim, however, it is worthwhile noting that the Court of Appeal heard an appeal on the 26th…
KEEPING THE COURTS RUNNING: THE VIEW FROM THE NORTH
There are two posts on Kings Chambers’ coronavirus and the law blog today which deal with practices put in place to keep the Courts running. Costs and Applications in Manchester: Guidance from the DCJ sets out the note sent out…
THE HIGH COURT CONTINGENCY PLAN: HEARINGS DURING CORONAVIRUS
The previous post referred to the High Court contingency plan. This is available here. “Guidance for the Business and Property Courts in Leeds, Liverpool, Manchester and Newcastle” is available from Kings Chambers Blog here. High Court Business Contingency Plan for…
THE ROYAL COURTS OF JUSTICE FEES OFFICE CLOSED: EMAIL ADDRESSES TO CONTACT
A HCMTS notice states that the RCJ Fees Office is closed. It gives appropriate email addresses. The Royal Courts of Justice Fees Office will close to the public until further notice (1 April 2020). Court users are advised to contact…
HMCTS GUIDANCE: THE COURT OF APPEAL, HIGH COURT AND SENIOR COURT COSTS OFFICE
HMCTS has seen out the following guidance in relation to the Court of Appeal, High Court and Senior Court Costs Office. The High Court and Court of Appeal will be covering the following work today (1 April 2020). Court of…
CIVIL COURT LISTING PRIORITIES: HMCTS NOTICE TODAY
HMCTS has sent out a list of Civil court listing priorities today. Civil court listing priorities: 1 April 2020 Priority 1 – work that must be done • Committals • Freezing Orders • Injunctions (and return days for ex parte…
THE RULE COMMITTEE: ACTING WITH THE SPEED OF A TORTOISE WITH A WOODEN LEG (AND THAT MAY BE UNFAIR ON THREE-LEGGED TORTOISES).
At a time when we have had major pieces of legislation introduced at remarkable speed the Rule Committee has, thus far, managed nothing. I am asked what response I got to the “Open Letter” to the Rule Committee about the…
CORONAVIRUS, COURT HEARINGS (WITH NO ONE PRESENT) AND SOCIAL MEDIA: ALL IN ONE CASE
The judgment today of HHJ Worster (sitting as a High Court Judge) in Wolverhampton City Council & Ors v Persons Unknown [2020] EWHC 759 (QB) was given after the claimant did not attend the hearing because of the coronavirus crisis….
COURT FUNDS OFFICE WILL NOW ACCEPT ELECTRONIC PAYMENTS BY BACS DIRECT CREDIT.
I have had a tweet from John de Bono QC stating that the Courts Funds Office will now accept electronic payment by BACS Direct Credit. “Breaking news. I understand Court Funds Office will now accept electronic payments by BACS Direct…
REMOTE HEARINGS (1): HOW ARE THE COURTS COPING? TWO CASES TODAY
I hope to keep a running record of how the courts are coping with remote hearings. Two cases reported today provide examples. Telephone used in committal proceedings In Anwer v Central Bridging Loans Ltd [2020] EWHC 765 (Ch) Mr Justice…
ADMINISTRATIVE COURT OFFICE NOTICES AND CORONAVIRUS ARRANGEMENTS: USEFUL LINKS ON ILPA WEBSITE
The Administrative Court has issued a number of notices relating to their Covid-19 arrangements. THE NOTICES These are not yet on the court website. However they are available from the ILPA website – available here. … Enjoying this post? Become a…
WEBINAR ON SOCIAL MEDIA AND PERSONAL INJURY LAWYERS 31st MARCH 2020: NOW WITH SPECIAL CORONAVIRUS SECTION
The long-planned webinar tomorrow on Social Media and the Personal Injury Lawyer is still going ahead *. This will now include a lengthy session on useful social media links and helpful sites for lawyers during the coronavirus crisis. THE…
HMCTS operational summary 30 March 2020: USEFUL GUIDANCE AND LINKS
The communications team at HMCTS are putting in a shift. Their operational summary for today was out at 7.35 am this morning. There are a number of useful links. THE SUMMARY We’re consolidating the work of courts and tribunals…
Priority courts and tribunals start from Monday 30 March 2020
The Government has sent out a press release stating that some courts remain open. (To see the courts click on the Courts and Tribunals Track Checker at the bottom of the release). “Network of priority courts will remain open during…
REMOTE HEARINGS: BUT WHAT ABOUT “WITNESS DEMEANOUR”?
One of the issues that has been raised in objection to “remote” hearings is the question of witness demeanour. In modern litigation recent case law suggests that this is not a major factor in any event. “No doubt it…
REMOTE HEARING IN THE COURT OF PROTECTION: 17 PARTICIPANTS, 11 WITNESSES AND TWO JOURNALISTS: LESSONS TO BE LEARNT
I am grateful to Dr Penny Cooper for pointing out to me that the decision of Mr Justice Mostyn in A Clinical Commissioning Group v AF & Ors [2020] EWCOP 16 involved a hearing remotely. It contains an important comment…
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…
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