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. 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 evolving…
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. VIDEO GUIDANCE This includes a 15 minute video guide…
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…