15 April 2020
Disputes Quick Read – 79 of 101 Insights
As a result of the COVID-19 pandemic restrictions, we are seeing the UK courts grappling with various applications to adjourn upcoming trials. So far, it seems that the courts are willing to embrace remote hearings to avoid adjournments – not only for simple cases, but also complex disputes. We think this is the right approach.
In a decision handed down recently, the High Court ordered the parties to a £250m claim listed for a 5-week trial in June – which involves four live witnesses of fact and 13 expert witnesses – to cooperate in exploring ways in which the case could be heard in a fully remote trial.
The claimants had sought to have the claim adjourned, arguing (among other things) that the technological challenge was too great. The judge was not convinced. He noted that since 16 March 2020, there have been at least two examples of fully remote trials taking place (albeit on smaller scales) and the technological challenges were not so great as to make it appropriate to adjourn now.
The judge emphasised that cooperation and planning was essential if a remote trial was going to be possible, and that he would expect any proposed system to be subjected to robust testing first, both to ensure adequate video and audio quality, and also to confirm that documents could be displayed quickly.
We welcome the court's approach. Complex commercial cases can take many years to reach trial, and the court and the litigants should cooperate to explore options in scenarios where adjournment can potentially be avoided through a remote hearing. Live trials will ordinarily be much preferred, but it will be interesting to see whether remote hearings remain a procedural option once the pandemic has run its course.
30 January 2025
22 January 2025
by Multiple authors
6 December 2024
14 November 2024
14 November 2024
by Emma Allen
30 October 2024
by Multiple authors
15 October 2024
21 March 2024
by Emma Allen, Amy Cheng
14 December 2023
13 December 2023
23 October 2023
by Multiple authors
17 October 2023
12 September 2023
by Tom Charnley
14 August 2023
by Multiple authors
4 August 2023
by Multiple authors
21 July 2023
10 July 2023
1 June 2023
by Multiple authors
3 May 2023
by James Bryden
20 April 2023
by James Bryden
8 March 2023
2 March 2023
14 February 2023
13 February 2023
8 February 2023
19 January 2023
3 October 2022
22 September 2022
by Ben Jones, Emma Allen
9 August 2022
by Nick Maday
25 July 2022
6 July 2022
by Emma Allen
Welcome news for those pursuing fraud claims in the English Courts
28 July 2022
27 July 2022
by Stuart Broom
29 July 2022
17 June 2022
13 June 2022
26 May 2022
31 May 2022
by Multiple authors
4 April 2022
5 April 2022
31 March 2022
by Multiple authors
21 September 2021
by Multiple authors
13 September 2021
6 September 2021
2 August 2021
21 July 2021
15 July 2021
by Jess Thomas
26 May 2021
5 May 2021
21 April 2021
31 March 2021
26 February 2021
by Tim Strong
24 February 2021
20 January 2021
12 January 2021
by Tim Strong
23 November 2020
16 October 2020
23 September 2020
7 October 2020
by Nick Storrs
9 April 2020
by Multiple authors
15 April 2020
27 April 2020
by Multiple authors
21 April 2020
11 March 2020
by James Bryden
17 March 2020
by Stuart Broom
26 February 2020
21 February 2020
2 June 2020
16 June 2020
9 July 2020
21 July 2020
3 December 2021
24 November 2021
by Stuart Broom
8 October 2021
10 January 2022
20 January 2022
22 March 2022
7 April 2022
A global view
by multiple authors