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…
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…
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…
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…
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…
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 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…
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…
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…
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…
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…
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 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…
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…
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…
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…
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…
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. …
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…
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…
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…
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…
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…
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…
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….
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…
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…
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…
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…
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…
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…
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…
For many civil lawyers telephone hearings have been a part of litigation for some time. Developments today, however, have left some in the profession scratching their heads. Family lawyers in particular are asking about this mysteries of telephone hearings. Even…
The Lord Chief Justice has today issued guidance today which makes it clear that remote hearings are now the default position. “The default position now in all jurisdictions must be that hearings should be conducted with one, more than one…
In press Notices sent out at 21.55 this evening HMCTS announced the closure of counters at the QBD and Court of Appeal. These are both set out in full below. QBD “The Queen’s Bench Division is making some temporary…
HMCTS has published guidance HMCTS telephone and video hearings during coronavirus outbreak THE GUIDANCE “Running our courts and tribunals is an essential public service. Audio and video technology has long played a part in the justice system and can now…
On the 25th March 2020 at 1.00 pm I am giving a webinar on civil procedure and coronavirus, dealing with the best means of coping with procedural and other issues arising from COVID-19. This is aimed primarily at personal injury…
Kings Chambers have started a new site ” CORONAVIRUS: GUIDANCE FOR LAWYERS AND BUSINESSES” THE AIM OF THE SITE The aim of the site is to draw across the whole range of expertise in chambers to help lawyers and…
In Bank St Petersburg PJSC & Anor v Arkhangelsky & Anor [2020] EWCA Civ 408 the Court of Appeal ordered a retrial because of doubts in relation to the trial judge’s findings of fact. The judge had applied too high…
The update, issued yesterday is available here. KEY POINTS “It is not realistic to suppose that it will be business as usual in any jurisdiction, but it is of vital importance that the administration of justice does not grind to…
I have, ironically, been planning to write on remote working for some time. The post was going to be in the “well being” series and, among other things, deal with issues like social isolation when working from home. Now, of…
A large part of me wants to get back to writing about service of the claim form, committal proceedings and the like (and to that extent normal proceedings will be resumed shortly). Here a few additional links and updates. HEALTH…
The Bar Standards Board has made it totally clear that a barrister complying with Government or Public Health Guidance is not in breach of the Bar Handbook. This has been done in a press release this morning. THE…
The Bar Council website has useful guidance on dealing with Coronavirus, this is in a section on its website here. GUIDANCE GIVEN ON THE 16th MARCH 2020 This guidance is available from a link on the page, also here….
7BR’s website carries an interesting report from Adam Korn of a judgment today where Master Davison made an order extending the amount of time the parties can agree to vary directions. This was directly because of potential difficulties arising out…
This blog has dealt, many times, with the difficulties that can arise when a solicitor makes a witness statement in support of an interlocutory application. Not least there is a duty to give details of the source of information and…
I cannot recall a time when matters were so rife with uncertainty. By request I have been asked to consider practical steps litigators can take. Equally significantly we have to consider what steps the courts, and the Rules Committee, should…
The post last month I posted some useful links for lawyers in relation to coronavirus. This clearly needs updating. Last time people were very kind in sending me other useful links which I added to the post. If anyone has…
In MKG Convenience Ltd, Re [2020] EWHC 547 (Ch) HHJ David Cooke refused the defendants’ application for relief from sanctions following a failure to comply with a peremptory order in relation to disclosure. The sanction was severe, however the circumstances…
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