16 juin 2020
Disputes Quick Read – 56 de 68 Publications
Disputes Quick Read: Will the civil justice system change forever post COVID-19?
The Civil Justice Council has published a "rapid" review examining the impact of the changes introduced to the civil justice system as a result of COVID-19. This was done to identify areas that need to be addressed in the short to medium term, and to inform a longer term review. Key observations include:
- COVID-19 has exacerbated the pre-existing issue of underinvestment in the court system, particularly with regard to the use of technology.
- There has been a reduction in the availability and accessibility of legal advice (disproportionately affecting those on lower incomes).
- There has been a high rate of adjournments, and managing that back log is an area of real concern.
- The majority of remote hearings have related to higher value claims and have not involved litigants in person.
- There is tentative support for reserving remote hearings for matters where the outcome is less contested or interlocutory in nature, and for hearings where both parties are represented.
- There has been a mixed experience in the higher and lower courts regarding the impact on open justice. Although journalists and court reporters have been able to access hearings which they wished to attend, this has been patchier where members of the public are concerned.
Broadly speaking, professional court users are satisfied with the remote hearings experience. Video hearings are generally preferred to audio-only hearings, due to the more effective communication afforded by the former's visual element.
In terms of improving the remote hearing experience, review participants made the following recommendations:
- providing greater granularity and consistency in the guidance issued by different courts regarding the criteria for adjournments and use of remote hearings
- issuing timely notice to court users regarding remote hearings, which should include all necessary information regarding the mode of hearing, access details and preparation of e-bundles
- increasing the use of breaks in order to allow legal teams to communicate and take instructions from clients, as well as to enable settlement discussions with the other side
- investing in better infrastructure to support the preparation and submission of e-bundles and sharing of documents during hearings.
On the long term viability of remote hearings, unsurprisingly, the review has concluded that a better quantity and quality of data is needed to understand their impact. The review identifies several urgent areas for evaluation, including:
- the impact of remote hearings on outcomes
- a cost-benefit analysis of remote hearings, and
- the impact on open justice.
So, although it's too early to say whether the way justice is accessed will change forever, the current trend seems to be towards being open to new ideas and committed to using recent experiences to inform future practices.
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Disputes Quick Read: Defining the duty - the limits of the responsibility assumed by professionals
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Disputes Quick Read: ClientEarth v Shell – climate change litigation shifts focus to UK companies
31 March 2022
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Disputes Quick Read: High Court rules that failure to provide adequate data security is not a positive act
21 September 2021
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Disputes Quick Read: Key changes to the Disclosure Pilot Scheme
13 September 2021
par Edward Spencer
Disputes Quick Read: Judicial Review and Courts Bill – unpacking the UK government's proposed amendments
6 September 2021
par Stephanie High
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?
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Disputes Quick Read: One Blackfriars administrators cleared of misfeasance
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Disputes Quick Read: Amendments to the Disclosure Pilot Scheme – a step in the right direction
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26 February 2021
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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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Disputes Quick Read: Should you still choose the English courts to have jurisdiction in your international contracts after Brexit?
12 January 2021
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Disputes Quick Read: Privilege lost in the EU post-Brexit (with exceptions)
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Disputes Quick Read: Law on interest applicable to US dollar awards reaffirmed
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Disputes Quick Read: Why the modernised LCIA rules are a welcome update
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Disputes quick read: Mandatory changes to Statements of Truth
18 May 2020
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Disputes Quick Read: The latest on Unexplained Wealth Orders
7 May 2020
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Disputes Quick Read: COVID-19 and supply chain disruption – key issues
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
Disputes Quick Read: Tomlin Orders – ensuring the confidentiality of settlement terms
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
par Stephanie High
Disputes Quick Read: A different approach to witness evidence
11 March 2020
par James Bryden
Disputes Quick Read: Coronavirus - a growth in virtual courts?
17 March 2020
par 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
par Tim Strong, Andrew Howell
Disputes Quick Read: Commercial Court's arbitral power shift
21 February 2020
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Disputes Quick Read: Court stays evictions during COVID-19 – is this lawful?
2 June 2020
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Disputes Quick Read: Privilege waiver warning
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Disputes Quick Read: Retailers reign supreme in Visa and Mastercard proceedings
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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
par Tim Strong, Jessica Thomas
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
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Disputes Quick Read: Dealing in crypto? Be careful what you call it
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