17. März 2020
Disputes Quick Read – 45 von 63 Insights
Disputes Quick Read: Coronavirus - a growth in virtual courts?
The threat of coronavirus will impact the operation of court systems. Just yesterday, global announcements included:
- the US Supreme Court will postpone oral arguments scheduled for the next few weeks
- the European Court of Human Rights will maintain only essential activities – in particular, the handling of priority cases and
- the Indian Supreme Court has said that there would be virtual courts in operation soon and that lawyers would be able to make oral submissions via video conferencing from as early as next week.
It seems likely that the use of virtual courts, and technology in dispute resolution, will have to increase globally in order to prevent an ever-growing backlog of cases during any period of total or partial shutdown.
But how will the UK courts react? As matters stand, the advice from HMCTS is that the business of our courts and tribunals continues, and that judges can consider the use of audio or video links. One might say that the reaction has been too slow. The Lord Chief Justice has, however, today announced that COVID-19 will impact the operation of all courts and that there is an urgent need to increase the use of telephone and video technology immediately. The courts are also due to announce contingency plans imminently, and in the coming days, the UK government is expected to put forward emergency legislation including measures to expand the use of video hearings in courts.
While that all sounds encouraging – and no doubt the volume of telephone hearings and evidence by video link will increase – it would be a substantial step to move from the current system (which largely makes use of this technology for procedural matters or for parts of a trial) to the holding of commercial trials remotely.
Such developments ordinarily occur gradually, through consultation and pilot schemes. Parties tend to view change conservatively, and progress can be slow.
At times like these it can be hard to find the positives. The outbreak could, however, prove to be a welcome catalyst: a prompt for radical change in the handling of disputes, and the technology to support them.
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Disputes Quick Read: Key changes to the Disclosure Pilot Scheme
13. September 2021
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Disputes Quick Read: Judicial Review and Courts Bill – unpacking the UK government's proposed amendments
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21. July 2021
Disputes Quick Read: The online future of civil justice – the end of the legal profession or the end of legal drudgery?
15. July 2021
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Disputes Quick Read: Will the courts change forever post-COVID?
26. May 2021
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Disputes Quick Read: One Blackfriars administrators cleared of misfeasance
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Disputes Quick Read: UK Supreme Court rules on the territorial extent of the SFO's powers
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Disputes Quick Read: No dropping anchor – parent company liability for environmental claims
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20. January 2021
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12. January 2021
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Disputes Quick Read: Privilege lost in the EU post-Brexit (with exceptions)
23. November 2020
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16. October 2020
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23. September 2020
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26. May 2020
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18. May 2020
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9. April 2020
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Disputes Quick Read: High Court orders parties to explore options for 5-week remote trial
15. April 2020
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27. April 2020
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Disputes Quick Read: UK's OFSI fines Standard Chartered Bank £20 million for sanctions breaches
21. April 2020
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Disputes Quick Read: A different approach to witness evidence
11. March 2020
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Disputes Quick Read: Coronavirus - a growth in virtual courts?
17. March 2020
von Stuart Broom
Disputes Quick Read: Embracing remote hearings – the experience to date
26. March 2020
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Disputes quick read: climate change activism by litigation
26. February 2020
von Tim Strong, Andrew Howell
Disputes Quick Read: Commercial Court's arbitral power shift
21. February 2020
von Andrew Howell
Disputes Quick Read: Court stays evictions during COVID-19 – is this lawful?
2. June 2020
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Disputes Quick Read: Will the civil justice system change forever post COVID-19?
16. June 2020
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Disputes Quick Read: Privilege waiver warning
2. July 2020
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Disputes Quick Read: Retailers reign supreme in Visa and Mastercard proceedings
9. July 2020
Disputes Quick Read: The contra proferentem rule reconsidered?
21. July 2020
Disputes Quick Read: Scope of duty and the SAAMCo counterfactual following Manchester Building Society
3. December 2021
Disputes Quick Read: Facilitating transactions in cryptoassets - Lord Leggatt and the point of commercial law
24. November 2021
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Disputes Quick Read: Privy Council clarifies the law on freezing injunctions in aid of foreign proceedings
8. October 2021
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Disputes Quick Read: Climate change litigation – what's the latest?
10. January 2022
von Tim Strong, Jessica Thomas
Disputes Quick Read: Court decisions on the Disclosure Pilot Scheme – the 2021 roundup
20. January 2022
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22. March 2022
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