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….
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.
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…
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….
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 …
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…
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…
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…
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…
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…
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…
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…
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. …
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 wherever possible….
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…