WHEN A LITIGANT DOES NOT HAVE A COMPUTER AT COURT: WHAT IS THE PRACTICAL RESPONSE?
In BM Electrical Solutions Ltd & Anor v Belcher [2020] EWHC 2749 (Ch) a very practical problem occurred. The court held a “hybrid” hearing, a litigant appeared in person. The litigant in person did not have a laptop with them….
SUMMARY JUDGMENT AND STRIKING OUT: COVID MATTERS ARE A GOOD REASON TO DETERMINE ISSUES NOT DELAY THEM
In TKC London Ltd v Allianz Insurance PLC [2020] EWHC 2710 (Comm) Mr Richard Salter QC (sitting as a High Court Judge) considered the issue of whether issues relating to the COVID pandemic should be a factor in considering a…
10 TIPS FOR LAWYERS WORKING FROM HOME: IN THIS EXPERIENCE YOU ARE NEVER ALONE
A lot of people had to get used to working from home very quickly. During the “early days” a lot of help was gathered from Twitter. Here are 10 points selected from a series of posts on this blog :…
CIVIL PROCEDURE: BLOG AND ARTICLES ROUND UP – SEPTEMBER 2020
This round up also covers specific posts and articles in relation to coronavirus. There will no longer be a specific round up covering coronavirus and and civil procedure. There is, however, a monthly round up of a wide range of…
ONLINE COURTS DURING THE PANDEMIC: RESEARCH AND QUESTIONS: LESSONS FROM TEXAS
The problems of keeping the courts going during a pandemic are universal and worldwide. Countries throughout the globe are getting to grips with the problems caused by remote hearings. Professor Elizabeth Thornburg from the Southern Methodist University has written a…
Resumption of Possession Cases on 20 September 2020: Statement from the Master of the Rolls
On the 17th September 2020 the Master of the Rolls issued a statement about the lifting of the stay on possession cases that took place on the 20th September. That statement is reproduced below, together with the links referred to….
SENSIBLE COVID PRECAUTIONS TAKEN WHEN IMPLEMENTING A SEARCH ORDER: APPLICANT TAKES A VERY NUANCED APPROACH
The judgment of Mr Justice Fordham in Calor Gas Ltd v Chorley Bottle Gas Ltd & Anor [2020] EWHC 2426 (QB) has some interesting observations about the way in which COVID affects both the way a hearing is held and…
PROTOCOL FOR INSOLVENCY AND COMPANY WORK AT CENTRAL LONDON COUNTY COURT: APPLICABLE FROM TODAY
A Protocol for insolvency and company work at Central London applies from today. It is set out in full below. It sets out details for remote hearings of bulk and other work made necessary by the pandemic. “PROTOCOL FOR INSOLVENCY…
GUIDANCE ON GIVING REMOTE EVIDENCE: ESSENTIAL READING FROM THE ACADEMY OF EXPERTS
The Academy of Experts have written Guidance on Giving Remote Evidence. Although this is aimed at expert witnesses there is much that anyone involved in litigation can take away from this. SELECTED EXTRACTS There is much that is useful. …
CIVIL PROCEDURE (CORONAVIRUS): BLOG AND ARTICLES ROUND UP – AUGUST 2020
A round up of blog posts and articles relating to civil procedure and coronavirus for August 2020. Remote Hearings Stewarts – Divisional Court judgment offers lessons for virtual trials Litigation Litigation Futures – NHS, solicitors and patients group agree Covid-19 claims…
THE NIGHTINGALE COURTS: WHERE THEY ARE AND WHAT THEY COVER
HMCTS has published a list of “Nightingale Courts. Details are available here. Site Address Opening date Business being heard East Pallant House East Pallant Chichester PO19 1TY Monday 20 July 2020 Civil work from Worthing County Court and family work from Worthing…
NIGHTINGALE COURT IN LEEDS: STARTING 28th AUGUST 2020: BUSINESS AND PROPERTY COURTS AND CIVIL CASES: GUIDANCE FOR USERS
A “Nightingale Court” has started in Leeds from the 28th August 2020. It is being run at Cloth Hall Court, Quebec Street, Leeds. Below I have the formal notice from HMCTS and the guidance that has been issued to users…
EXTENSION OF STAY OF POSSESSION PROCEEDING TO THE 20th SEPTEMBER 2020
The Civil Procedure (Amendment No. 5) (Coronavirus) Rules 2020 extend the stay on possession proceedings from the 23rd August to the 20th September 2020. THE RULES The rules can be found here. WHAT THE RULES DO The mechanism is…
COVID-19 Clinical Negligence Protocol 2020
A Protocol has been introduced between SCIL, NHS Resolution and AVMA, which deals with the conduct of personal injury litigation. Details can be found here. SUMMARY The press release has a useful summary “The protocol is wide-ranging, covering: moratoriums…
REMOTE HEARINGS: ZOOM PLATFORM USED, AND WORKED: ALSO AN ENTRY FOR THE OPENING LINE OF JUDGMENT CONTEST: “FAMILY LAW CRAVES FINALITY”
In LB v DB [2020] EWFC B34 (OJ) Deputy District Judge Hodson expressed his dissatisfaction with telephone hearings, but found that a zoom hearing worked. This has not been a platform viewed with favour by the court authorities, yet appears…
CORONAVIRUS LAW: PANDEMIC DID NOT PREVENT COURT MAKING MANDATORY INJUNCTION COMPELLING REMOVAL OF CARAVANS AND MOBILE HOMES
In Chichester District Council v Sullivan & Ors (Rev 1) [2020] EWHC 2154 (QB) HHJ Auberbach considered the impact of the coronavirus pandemic on a decision to grant a mandatory injunction requiring the removal of caravans and mobile homes in…
CORONAVIRUS LAW: CHALLENGE TO VALIDITY OF ADOPTION AND CHILDREN REGULATIONS REJECTED BY THE ADMINISTRATIVE COURT
In Article 39, R (on the application of) v Secretary of State for Education [2020] EWHC 2184 (Admin) Mrs Justice Lieven rejected a challenge to the validity of the Adoption and Children (Coronavirus) Amendment Regulations 2020. “In anything less than…
CIVIL PROCEDURE (CORONAVIRUS): BLOG AND ARTICLES ROUND UP – JULY 2020
Issues relating to coronavirus still play a large part in the conduct of civil litigation. It is still worthwhile looking at those posts and articles that deal specifically with covid and the courts. Costs ACL – Gordon-Saker: Video and phone…
REMOTE HEARINGS THE SOLICITOR’S DUTIES: (1) READ THE ORDERS MADE; (2) DO NOT BE IN CONTEMPT OF COURT
In the judgment today in Gubarev & Anor v Orbis Business Intelligence Ltd & Anor [2020] EWHC 2167 (QB) the Divisional Court sent out a clear message that lawyers must follow orders of the court. Live trials cannot be transmitted…
CORONAVIRUS LAW: COVID AND CONTACT BETWEEN PARENTS AND CHILD
The number of cases dealing with issues relating to COVID have reduced. However issues still arise. In the judgement today in D-S (Contact With Children In Care: Covid-19) [2020] EWCA Civ 1031 the Court of Appeal set out clear principles…
