CIVIL COMMITTAL PROCEEDINGS AND EARLY RELEASE FROM PRISON: CORONAVIRUS A RELEVANT FACTOR
In Chelsea Football Club Ltd v Nichols & Anor [2020] EWHC 827 (QB) Mr Justice Chamberlain held that the applicant’s health condition, current prison conditions and coronavirus were a relevant factor in the early discharge of someone imprisoned for contempt…
HEARING WHERE PARTIES MADE SUBMISSIONS BY TELEPHONE IS NOT INCONSISTENT WITH THE OPEN JUSTICE PRINCIPLE
In the judgment given today in Jankowski v Regional Court of Torun, Poland [2020] EWHC 826 (Admin) Mr Justice Fordham explained the steps taken by the court meant that a hearing held where the parties attended by telephone complied with…
THE TRIAL WILL GO ON: JUDGE REJECTS ARGUMENT THAT FIVE WEEK TRIAL HAD TO BE ADJOURNED BECAUSE OF COVID-19
In Blackfriars Ltd, Re [2020] EWHC 845 (Ch) Mr John Kimbell QC (sitting as a Deputy High Court judge) refused an application to adjourn a trial made on the basis of the difficulties caused by coronavirus. The judgment contains a…
CASES PROCEEDING IN BIRMINGHAM HIGH COURT (QBD) AND COUNTY COURT: GUIDANCE FROM THE DCJ
HHJ Worster: the Acting Designated Civil Judge for Birmingham has issued the following guidance in relation to cases proceeding in the QBD at Birmingham High Court and Birmingham County Court. “This local guidance provides some general information about…
SOUTH YORKSHIRE CIVIL: COVID LISTING AND HEARING PROTOCOL
HHJ Robinson, the DCJ for South Yorkshire, has published a listing and hearing protocol for all court users. This is reproduced in full below. “South Yorkshire Civil Covid-19 Protocol 1 His Honour Judge Graham Robinson, Designated Civil Judge (DCJ)…
CIVIL UPDATE FOR NORTH AND WEST YORKSHIRE: NEW GUIDANCE TODAY FROM THE DCJ
HHJ Gosnell has issued new guidance today for courts in North and West Yorkshire. “These are extraordinary times. My judicial and HMCTS colleagues are attempting to re-invent the wheels of civil justice by completely changing the way the courts…
NEW WEBINAR (COMING SOON): WITNESS STATEMENTS: THE STATEMENT OF TRUTH AND SOCIAL ISOLATION.
I am preparing and recording a webinar on preparing and drafting witness statements. Particular attention is being given to the difficulties of interviewing witnesses and preparing statements in a time of social isolation. The webinar should be available from the…
THE OTHER IMPORTANT RULE CHANGE TODAY IN RELATION TO WITNESS STATEMENTS: AND, HONESTLY, THIS COULDN’T HAVE COME AT A BETTER TIME
Along with changes to the statement of truth the rule changes effective from today now impose a further obligation in relation to witness statements. I have written about this before (but much has happened since). THE NEW RULES From…
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…
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…
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…
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…
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…
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…
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….
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…
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…
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…
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…
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…
INSURERS AND CLAIMANTS COVID-19 PROTOCOL.
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…
THE REMOTE ACCESS FAMILY GUIDE
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…
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. …
CLOISTERS GUIDE TO MAKING VIRTUAL HEARINGS IN THE EMPLOYMENT TRIBUNAL WORK
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…
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…
REMOTE WORKING AND LITIGATOR 2: THE STATEMENT OF TRUTH
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…
CIVIL COURT USERS IN MANCHESTER: GUIDANCE FROM THE DESIGNATED CIVIL JUDGE
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…
REMOTE WORKING AND THE LITIGATOR 1: THE NEW REQUIREMENT FOR WITNESS STATEMENTS
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…
TELEPHONE APPLICATIONS: A BEGINNER’S GUIDE
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…
UPDATE ON COVID-19 AND THE COURTS: GUIDANCE FROM THE LORD CHIEF JUSTICE
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…
HMCTS GUIDANCE: CLOSURE OF COUNTERS IN THE QBD AND COURT OF APPEAL
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 GUIDANCE ON TELEPHONE AND VIDEO HEARINGS DURING CORONAVIRUS OUTBREAK
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…
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