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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
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REMOTE HEARINGS (1): HOW ARE THE COURTS COPING? TWO CASES TODAY

REMOTE HEARINGS (1): HOW ARE THE COURTS COPING? TWO CASES TODAY

March 31, 2020 · by gexall · in Access to justice, Civil Procedure, Coronavirus, Members Content, Remote hearings

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…

REMOTE HEARINGS: BUT WHAT ABOUT "WITNESS DEMEANOUR"?

REMOTE HEARINGS: BUT WHAT ABOUT “WITNESS DEMEANOUR”?

March 29, 2020 · by gexall · in Coronavirus, Members Content, Remote hearings, Witness statements

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

REMOTE HEARING IN THE COURT OF PROTECTION: 17 PARTICIPANTS, 11 WITNESSES AND TWO JOURNALISTS: LESSONS TO BE LEARNT

March 28, 2020 · by gexall · in Coronavirus, Members Content, Remote hearings

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

THE FIRST VIRTUAL TRIAL IN THE COMMERCIAL COURT – READ ALL ABOUT IT

March 28, 2020 · by gexall · in Civil Procedure, Coronavirus, Members Content, Remote hearings

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….

MORE USEFUL GUIDANCE ON BUNDLES AND VIRTUAL HEARINGS

MORE USEFUL GUIDANCE ON BUNDLES AND VIRTUAL HEARINGS

March 28, 2020 · by gexall · in Applications, Bundles, Coronavirus, Members Content, Remote hearings, Useful links

Caselines has kindly sent me details of their very useful “COVID-19 Resource Hub”     TOPICS COVERED Pandemics, Privacy, and Confidential Data Security: Managing Information Risk is Critical Video: Introduction to a CaseLines Bundle Quick Reference Guide: From Invite to…

GUIDANCE IN DEVON AND CORNWALL: VACATION OF COURT HEARINGS AND RE-LISTING

March 27, 2020 · by gexall · in Adjournments, Applications, Coronavirus, Members Content, Remote hearings

The President of Plymouth Law Society has sent out the following guidance. COVID-19 – URGENT – CIVIL COURT HEARINGS TO BE VACATED – HHJ GORE QC Dear Member If you are a Civil Court user please read the notice below from…

INNOVATIVE APPROACH WHEN PROPOSED APPELLANT UNABLE TO ATTEND COURT

INNOVATIVE APPROACH WHEN PROPOSED APPELLANT UNABLE TO ATTEND COURT

March 27, 2020 · by gexall · in Appeals, Applications, Members Content, Remote hearings, Written advocacy

In  [2020] EWHC 735 (QB) Mrs Justice Tipples took an innovative approach to the problems caused by a claimant’s inability to attend court because of the coronavirus problems.  The submissions were made by email.   THE CASE The judge was…

REMOTE HEARING - WENT AHEAD AND WORKED

REMOTE HEARING – WENT AHEAD AND WORKED

March 27, 2020 · by gexall · in Applications, Coronavirus, Members Content, Remote hearings

In Jalla & Ors v Royal Dutch Shell Plc & Ors [2020] EWHC 738 (TCC) Mr Justice Stuart-Smith gave judgment in a hearing that was conducted remotely.  This demonstrates that, with considerable effort, remote hearings can work in complex hearings….

TWITTER SOURCED ADVICE: "LOW TECH" IDEAS FOR WORKING AT HOME

TWITTER SOURCED ADVICE: “LOW TECH” IDEAS FOR WORKING AT HOME

March 27, 2020 · by gexall · in Coronavirus, Members Content

Again I have used the media of Twitter to get “low tech” advice for working at home.  Your ironing board has more uses than one. Emma Bower (@EmmaMcBower)  I’d say keeping a normal routine of getting up,  washed, dressed and…

THE EXPLANATORY NOTES TO THE CORONAVIRUS BILL: LIVE LINKS IN COURT PROCEEDINGS

THE EXPLANATORY NOTES TO THE CORONAVIRUS BILL: LIVE LINKS IN COURT PROCEEDINGS

March 24, 2020 · by gexall · in Applications, Coronavirus, Members Content, Remote hearings

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…

USEFUL GUIDANCE ON REMOTE HEARINGS: FROM START TO FINISH

USEFUL GUIDANCE ON REMOTE HEARINGS: FROM START TO FINISH

March 24, 2020 · by gexall · in Applications, Members Content, Remote hearings, Useful links

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…

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