17 mars 2020
Disputes Quick Read – 29 de 57 Publications
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.
Dans cette série
Disputes Quick Read: ClientEarth v Shell – climate change litigation shifts focus to UK companies
par plusieurs auteurs
Disputes Quick Read: High Court rules that failure to provide adequate data security is not a positive act
par plusieurs auteurs
Disputes Quick Read: Key changes to the Disclosure Pilot Scheme
par Edward Spencer
Disputes Quick Read: Judicial Review and Courts Bill – unpacking the UK government's proposed amendments
par Stephanie High
Disputes Quick Read: Will litigants be compelled to participate in alternative dispute resolution?
Disputes Quick Read: Freezing injunctions – maximum custodial sentence imposed for breach
Disputes Quick Read: The online future of civil justice – the end of the legal profession or the end of legal drudgery?
par Jessica Thomas
Disputes Quick Read: Will the courts change forever post-COVID?
par David de Ferrars
Disputes Quick Read: One Blackfriars administrators cleared of misfeasance
par Stephen O'Grady
Disputes Quick Read: Not your prerogative – the Independent Review of Administrative Law reports its recommendations on judicial review
par Stephanie High
Disputes Quick Read: Amendments to the Disclosure Pilot Scheme – a step in the right direction
Disputes Quick Read: UK Supreme Court rules on the territorial extent of the SFO's powers
par plusieurs auteurs
Disputes Quick Read: No dropping anchor – parent company liability for environmental claims
Disputes Quick Read: What lawyers need to know about new witness statement preparation rules
par Stephanie High
Disputes Quick Read: Should you still choose the English courts to have jurisdiction in your international contracts after Brexit?
par Tim Strong
Disputes Quick Read: Privilege lost in the EU post-Brexit (with exceptions)
Disputes Quick Read: Law on interest applicable to US dollar awards reaffirmed
Disputes Quick Read: Care required when drafting SPA claim notices
par plusieurs auteurs
Disputes Quick Read: Why the modernised LCIA rules are a welcome update
par Nick Storrs
Disputes Quick Read: The importance of proper service
par Edward Spencer
Disputes quick read: Mandatory changes to Statements of Truth
par Katie Chandler
Disputes Quick Read: The latest on Unexplained Wealth Orders
par plusieurs auteurs
Disputes Quick Read: COVID-19 and supply chain disruption – key issues
par plusieurs auteurs
Disputes Quick Read: High Court orders parties to explore options for 5-week remote trial
Disputes Quick Read: Tomlin Orders – ensuring the confidentiality of settlement terms
par plusieurs auteurs
Disputes Quick Read: UK's OFSI fines Standard Chartered Bank £20 million for sanctions breaches
par Stephanie High
Disputes Quick Read: A different approach to witness evidence
par James Bryden
Disputes Quick Read: Coronavirus - a growth in virtual courts?
par Stuart Broom
Disputes Quick Read: Embracing remote hearings – the experience to date
par plusieurs auteurs
Disputes quick read: climate change activism by litigation
par Tim Strong, Andrew Howell
Disputes Quick Read: Commercial Court's arbitral power shift
par Andrew Howell
Disputes Quick Read: Court stays evictions during COVID-19 – is this lawful?
par Georgina Jones
Disputes Quick Read: Will the civil justice system change forever post COVID-19?
par Georgina Jones
Disputes Quick Read: Privilege waiver warning
par Tim Strong, Georgina Jones
Disputes Quick Read: Retailers reign supreme in Visa and Mastercard proceedings
Disputes Quick Read: Scope of duty and the SAAMCo counterfactual following Manchester Building Society
Disputes Quick Read: Facilitating transactions in cryptoassets - Lord Leggatt and the point of commercial law
par Stuart Broom
Disputes Quick Read: Privy Council clarifies the law on freezing injunctions in aid of foreign proceedings
par Katie Chandler
Disputes Quick Read: Climate change litigation – what's the latest?
par Tim Strong, Jessica Thomas
Disputes Quick Read: Court decisions on the Disclosure Pilot Scheme – the 2021 roundup
Disputes Quick Read: Assumption of responsibility - tax schemes and investors
Don't lose your keys: Bitcoin developers do not have a duty to assist owners in recovering lost cryptocurrency
Disputes Quick Read: Dealing in crypto? Be careful what you call it
par plusieurs auteurs
Disputes Quick Read: ENRC prevails in claim against former solicitor
Disputes Quick Read: Judicial Review and Courts Act 2022 – now in force
par Stephanie High
Disputes Quick Read: what claims exist when a smart contract is breached?
par Emma Allen
Disputes Quick Read: Disclosure Pilot Scheme – here to stay
par Edward Spencer
Disputes Quick Read: Climate change litigation – successful challenge to government's Net Zero Strategy
Disputes Quick Read: Defining the duty - the limits of the responsibility assumed by professionals
par Stuart Broom
Disputes Quick Read: New gateway for serving Norwich Pharmacal Orders and Bankers Trust orders out of the jurisdiction
Welcome news for those pursuing fraud claims in the English Courts
Disputes Quick Read: New obligations on cryptobusinesses to report under the UK sanctions regime
par Nick Maday, Katie Fry-Paul
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Disputes Quick Read: Facilitating transactions in cryptoassets - Lord Leggatt and the point of commercial law
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