Article
30 April, 2020
The Lord Chief Justice, Master of the Rolls and President of the Family Division have issued a message giving guidance to Circuit and District Judges.
In the message, the three acknowledge that the Courts have risen to the challenge of the lockdown in a "remarkable way". They commented that rather than issuing detailed national guidance, they determined that it was better to leave the decision making as to which cases should be conducted remotely to Judges, noting that it was inevitable that local resources would vary from court to court and from case to case.
The statement reiterates that in the main the experience of those involved in remote hearings is "positive" and therefore the "first and best option" is for a Judge to work in one of the courts and to conduct a hearing via phone, video or an internet platform. However, it was also recognised that using technology to conduct hearings is "unusually tiring" and they have encouraged "all Judges and leadership Judges to recognise that doing as much as possible remotely does not mean, and cannot mean, trying to do everything remotely".
The Master of the Rolls and the President of the Family Division suggest the following broad parameters:
In Civil Cases in particular:
The message highlights that it is inevitable that many hearings will have to be postponed. Whilst the courts are trying to progress matters where possible, given the current climate it cannot be "business as usual" and it might not be for some time.
Source: www.judiciary.uk/wp-content/uploads/2020/04/Message-to-CJJ-and-DJJ-9-April-2020.pdf
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