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26 March 2020
Disputes Quick Read – 87 of 105 Insights
Disputes Quick Read: Embracing remote hearings – the experience to date
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There is (understandably) a deluge of guidance being issued on a daily basis by the various courts which are grappling with the practical impact of COVID-19 on the operation of the justice system.
The courts have, it seems, embraced the adoption of technology to resolve disputes, be that conference calls or video conferences over Skype, Zoom or similar applications. All judicial laptops now have Skype for Business enabled.
On 25 March 2020, the Supreme Court issued its first judgment remotely – giving us a fine view of what we assume to be Lord Justice Kerr's private collection of law reports – and in a well-publicised success in the family courts, Mostyn J completed a five party final hearing with evidence from 11 witnesses and the press attending remotely.
While there have been some teething problems (and these will no doubt continue) the direction of travel is clear. Discretion ultimately resides with the judiciary regarding how or whether a hearing should proceed, but they and the parties have shown a willingness to cooperate and to facilitate remote hearings.
When faced with adjourning a trial last week, Teare J reportedly commented that the default position is that hearings should be conducted with one or more participants attending remotely, the court should take an optimistic approach to how this will work, and it is the duty of all parties to seek to co-operate. That must be the right approach in these difficult times.
The protocol for remote hearings in the civil justice system (published on 20 March 2020) sets out some practical steps. It encourages parties to take a proactive approach to forthcoming hearings, hold short directions hearings (if necessary) to discuss and agree how best to use the technology, and prepare and file electronic bundles.
A new practice direction (51Y) was issued on 25 March 2020, providing further guidance on video or audio hearings during the pandemic, dealing largely with privacy aspects of remote hearings.
As experience grows, guidance can be fine-tuned. In the meantime, parties and the judiciary should continue to work together to find practical solutions, often backed by technology, to the operational problems caused by the current outbreak.
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In this series
The sting and the tale
Andrew Howell and Natalia Faekova unpack an extraordinary case. A Mexican billionaire's strong fraud claim. Former Israeli intelligence operatives hired to target the defendant's solicitor. Secret recordings over wine and dinner. A judge who called it 'anathema to civil litigation' but may have been 'too lenient'.
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Opening the doors: how the January 2026 pilot will transform access to court documents
During an LSLA lecture on transparency and open justice, Mrs Justice Cockerill, recently appointed as Deputy Head of Civil Justice, outlined a pilot practice direction (PD) that will place select court documents squarely in the public domain via a new, public-facing side of the electronic court file (CE-File).
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Collective actions impacting big tech - Ireland set to test the boundaries in ICCL v Microsoft
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Wirral Council v Indivior plc: Court of Appeal upholds strike out of opt-in representative action securities claim
30 January 2025
What are the litigation trends in 2025?
22 January 2025
by Multiple authors
Changes to the privilege rules between companies and shareholders
6 December 2024
Victory for energy companies/defeat for the environment?
14 November 2024
Failure to prevent fraud offence to come into force in September 2025
14 November 2024
by Emma Allen
Essex Cricket Club charged by Cricket Regulator
30 October 2024
by Multiple authors
UK introduces mandatory reimbursement rules to combat APP fraud
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New SFO Director announces bold plans to tackle fraud
21 March 2024
by Emma Allen, Amy Cheng
First of its kind judicial guidance on the use of AI in the courts
14 December 2023
Witness familiarisation - does it affect the court's assessment of witness credibility?
13 December 2023
CAT to hear the first application for a collective settlement approval order
17 October 2023
Pre-Action Protocols – what is different?
12 September 2023
by Tom Charnley
Failure to prevent fraud – a new offence?
14 August 2023
by Multiple authors
Supreme Court rules that APP fraud victims cannot rely on Quincecare Duty
4 August 2023
by Multiple authors
The Law Commission's Consultation Process on the Arbitration Act 1996 – taking stock
21 July 2023
What does the latest decision of the CAT in the Mastercard/Visa proceedings mean for class actions?
10 July 2023
Disputes Quick Read: ClientEarth refused permission to pursue directors of Shell
1 June 2023
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Disputes Quick Read – developments in the fixed costs regime
3 May 2023
by James Bryden
Disputes Quick Read: Service by email – are the rules any clearer?
20 April 2023
by James Bryden
Disputes Quick Read: Breaking the north/south divide?
5 April 2023
by Tom Charnley
Disputes Quick Read - What do practitioners think about making alternative dispute resolution (ADR) compulsory?
8 March 2023
Disputes Quick Read: What are the litigation trends for 2023?
2 March 2023
Disputes Quick Read: further guidance on witness statement preparation rules
14 February 2023
Disputes Quick Read: A cautionary tale – settlement agreement (un)wittingly releases all claims for fraud
13 February 2023
Disputes Quick Read: Why the UK should join the Hague Judgments Convention 2019
8 February 2023
Disputes Quick Read: extensive information orders granted against crypto exchanges following hack
19 January 2023
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3 October 2022
Disputes Quick Read: Ethereum Merge - what legal issues arise?
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Disputes Quick Read: New obligations on cryptobusinesses to report under the UK sanctions regime
9 August 2022
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Disputes Quick Read: Disclosure - What information can be redacted?
25 July 2022
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6 July 2022
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Disputes Quick Read: New gateway for serving Norwich Pharmacal Orders and Bankers Trust orders out of the jurisdiction
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28 July 2022
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Disputes Quick Read: Defining the duty - the limits of the responsibility assumed by professionals
27 July 2022
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Disputes Quick Read: Climate change litigation – successful challenge to government's Net Zero Strategy
29 July 2022
Disputes Quick Read: Judicial Review and Courts Act 2022 – now in force
17 June 2022
Disputes Quick Read: an important reminder of the duty to disclose electronic documents in native format
13 June 2022
Disputes Quick Read: ENRC prevails in claim against former solicitor
26 May 2022
Disputes Quick Read: Climate change litigation update – McGaughey v Universities Superannuation Scheme Limited
31 May 2022
by Multiple authors
Don't lose your keys: Bitcoin developers do not have a duty to assist owners in recovering lost cryptocurrency
4 April 2022
by Emma Allen
Disputes Quick Read: The new witness statement preparation rules – a year on
5 April 2022
Disputes Quick Read: ClientEarth v Shell – climate change litigation shifts focus to UK companies
31 March 2022
by Multiple authors
Disputes Quick Read: High Court rules that failure to provide adequate data security is not a positive act
21 September 2021
Disputes Quick Read: Key changes to the Disclosure Pilot Scheme
13 September 2021
Disputes Quick Read: Judicial Review and Courts Bill – unpacking the UK government's proposed amendments
6 September 2021
Disputes Quick Read: Will litigants be compelled to participate in alternative dispute resolution?
2 August 2021
Disputes Quick Read: Freezing injunctions – maximum custodial sentence imposed for breach
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
by Jess Thomas
Disputes Quick Read: Will the courts change forever post-COVID?
26 May 2021
Disputes Quick Read: One Blackfriars administrators cleared of misfeasance
5 May 2021
Disputes Quick Read: Not your prerogative – the Independent Review of Administrative Law reports its recommendations on judicial review
21 April 2021
Disputes Quick Read: Amendments to the Disclosure Pilot Scheme – a step in the right direction
31 March 2021
Disputes Quick Read: UK Supreme Court rules on the territorial extent of the SFO's powers
26 February 2021
by Tim Strong
Disputes Quick Read: No dropping anchor – parent company liability for environmental claims
24 February 2021
Disputes Quick Read: What lawyers need to know about new witness statement preparation rules
20 January 2021
Disputes Quick Read: Should you still choose the English courts to have jurisdiction in your international contracts after Brexit?
12 January 2021
by Tim Strong
Disputes Quick Read: Privilege lost in the EU post-Brexit (with exceptions)
23 November 2020
Disputes Quick Read: Law on interest applicable to US dollar awards reaffirmed
16 October 2020
Disputes Quick Read: Care required when drafting SPA claim notices
23 September 2020
by Stuart Broom
Disputes Quick Read: Why the modernised LCIA rules are a welcome update
7 October 2020
by Nick Storrs
Disputes Quick Read: COVID-19 and supply chain disruption – key issues
9 April 2020
by Multiple authors
Disputes Quick Read: High Court orders parties to explore options for 5-week remote trial
15 April 2020
Disputes Quick Read: Tomlin Orders – ensuring the confidentiality of settlement terms
27 April 2020
Disputes Quick Read: UK's OFSI fines Standard Chartered Bank £20 million for sanctions breaches
21 April 2020
Disputes Quick Read: A different approach to witness evidence
11 March 2020
by James Bryden
Disputes Quick Read: Coronavirus - a growth in virtual courts?
17 March 2020
by Stuart Broom
Disputes quick read: climate change activism by litigation
26 February 2020
Disputes Quick Read: Commercial Court's arbitral power shift
21 February 2020
Disputes Quick Read: Court stays evictions during COVID-19 – is this lawful?
2 June 2020
Disputes Quick Read: Will the civil justice system change forever post COVID-19?
16 June 2020
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
by Stuart Broom
Disputes Quick Read: Privy Council clarifies the law on freezing injunctions in aid of foreign proceedings
8 October 2021
Disputes Quick Read: Climate change litigation – what's the latest?
10 January 2022
Disputes Quick Read: Court decisions on the Disclosure Pilot Scheme – the 2021 roundup
20 January 2022
Disputes Quick Read: Assumption of responsibility - tax schemes and investors
22 March 2022
by Stuart Broom
Disputes Quick Read: Dealing in crypto? Be careful what you call it
7 April 2022
Disputes Quick Reads
Related Insights
The sting and the tale
Andrew Howell and Natalia Faekova unpack an extraordinary case. A Mexican billionaire's strong fraud claim. Former Israeli intelligence operatives hired to target the defendant's solicitor. Secret recordings over wine and dinner. A judge who called it 'anathema to civil litigation' but may have been 'too lenient'.
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During an LSLA lecture on transparency and open justice, Mrs Justice Cockerill, recently appointed as Deputy Head of Civil Justice, outlined a pilot practice direction (PD) that will place select court documents squarely in the public domain via a new, public-facing side of the electronic court file (CE-File).
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