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Starting shortly, our 2nd Zoom session on Virtual Hearings and Returning to Court. With speakers: HHJ Monty QC, Colin Witcher, HHJ Singleton QC, and Nick Harrison
Our Chair, @KarenDReid is currently introducing our speakers for this evening's Zoom session: @colinwitcher HHJ Singleton QC, HHJ Monty QC and @nickharrison
2 tips from @colinwitcher 1) You have to take responsibility for prior engagement - at court people can be tannoyed, you can meet your opponent in robing room etc. With virtual hearings you need to find contact details for your oppo, get in touch & have that contact in advance.
2) Written advocacy to assist the Judge, even where you might not otherwise. Helps so that everyone knows in advance what you are seeking to achieve at the hearing.
Where are we going next? @colinwitcher 's tip is to have any exhibits in a digital bundle on Clickshare, and any physical exhibit laminated or in some sort of case.
Does seem jury trials can resume, but it does take longer - e.g. jury filing in 1 at a time. So make sure you have any legal arguments in advance where possible, as it takes a long time for the jury to go out & come back in again.
Note: we are key workers and judges can write letters to allow barristers to book hotels even while they're not open, so that you can go the night before.
Now speaking HHJ Singleton QC, on the position in family justice at the Manchester Civil Justice Centre. Judges have been working from home and/or from the court room during lockdown. Platforms used inc. BT Meet Me, Skype for Business, Microsoft Teams. CVP is coming too.
Many e.g. case management hearing taking place remotely. There have been some attended and partially attended hearings at Manchester throughout. Given need to minimise numbers in court buildings think partially attended or "hybrid" hearings may be the way to go.
Technology has been clitchy and virtual hearings are tiring, but advocates have worked very hard to help get through - they have been the living embodiment of the overriding objective.
Top tips from HHJ Singleton:
1) Written advocacy is more important than ever. Keep it focused, have conversations in advance & narrow issues.
2) When we start back in person it won't be the same as it was before. Opportunities for advocates to talk in the corridor won't be there.
1) Written advocacy is more important than ever. Keep it focused, have conversations in advance & narrow issues.
2) When we start back in person it won't be the same as it was before. Opportunities for advocates to talk in the corridor won't be there.
Next up, @nickharrison on the civil jurisdiction. Recommends Twitter as a great resource, almost a "remote robing room" since lockdown, where people can share experiences of remote hearings and tech tips
@nickharrison conducted a PI trial with 4 witnesses via CVP with all witnesses attending remotely. His experience was a good one. However there was a delay where a witness ran out of mobile data whilst giving evidence!
Top tips:
1) Day before trial check witnesses have wi-fi & good internet connection.
2) Best for witnesses to ideally have 2 devices - 1 for the video hearing & 1 for bundle
3) Check witnesses have received bundle and it all works
4) Have con with client in advance to explain...
1) Day before trial check witnesses have wi-fi & good internet connection.
2) Best for witnesses to ideally have 2 devices - 1 for the video hearing & 1 for bundle
3) Check witnesses have received bundle and it all works
4) Have con with client in advance to explain...
Details inc. reminding witnesses to mute when not giving evidence, but remember to unmute. How will take oath. Other practicalities.
Are these remote hearings sustainable? There are benefits of hearings taking place remotely, and also obvious restrictions. Hybrid hearings might become more the norm in certain situations.
On returning to court, one potential difficulty will be space to have conferencing, and ensuring social distancing is maintained, inc. when e.g. looking at documents.
Our next & final speaker HHJ Monty talking about his experience of working during lockdown. Most remote. Some in person hearing have taken place e.g. committal hearings and injunction hearings. These are continuing.
Remote hearings: CVP on its way, but not yet rolled out. Skype for business for video, and telephone hearings on BT Meet Me. Court staff did an incredible job to get remote hearings up and running very quickly.
HHJ Monty QC has done hearings up to a 6-day trial via Skype for Business, which involved multiple witnesses & a large electronic bundle. Counsel took instructions via WhatsApp and email.
One person speaking at a time (as is necessary via video) limits the interactive element between Judge and Counsel that one normally gets.
Regular breaks are really important. Remote hearings are tiring. Things do take longer, both because of the process itself, and because of technical issues which occur from time to time.
Remote hearings not good for litigants in person who may forget in a hearing not a meeting, and may not have access to laptops and sufficient broadband.
Generally do not think litigants generally like remote hearings.
They also take hours of admin for each hearing.
They also take hours of admin for each hearing.
Some Local Authorities have been quick off the mark with facilities for litigants to attend video hearings where they could not otherwise. Others less so.
Some litigants can attend using a smart phone. Sometimes litigants can only attend via phone, not suitable for all hearings.
Some litigants can attend using a smart phone. Sometimes litigants can only attend via phone, not suitable for all hearings.
Every case will have to have a bespoke solution. Judges are acutely aware of the Art 6 rights of those using the court, many of whom can be among the most vulnerable (e.g. family & care applications). Ensuring proper participation is a key objective of the judges.
Courts and legal representatives need to be pro-active in advance of any proposed remote hearing to get in touch with all the Parties (whether represented or in person) to ensure that everyone can attend & participate via remote means. If not, need to adjourn.
Possibility for parties/witnesses to attend from a solicitor's office, where this is feasible. Of course depends upon those buildings being open and with appropriate measures in place.
There are members of the Bar who are less familiar with tech. @colinwitcher calls on Chambers to assist counsel with guides/training/help on the necessary platforms & how to use them, so that no one is left behind.
Certain types of hearing taking place remotely can be beneficial to counsel & the client. However, with more complex hearings harder to engage as much with Judge, to have the pointers you get in the courtroom etc.
Consider using headphones and a microphones if you are concerned others might be able to overhear a virtual hearing when they ought not to be able to.
Also, make sure others you live with know you're in a hearing - e.g. a sign on the door!
Also, make sure others you live with know you're in a hearing - e.g. a sign on the door!
HHJ Monty QC's "mystic meg" prediction is that by the time we've got everything working smoothly we'll be back to face-to-face hearings.
What we must not do is allow this to become the new default position. There will be hearings which in the future can be dealt with remotely. But it should not be the new norm for everything.
"Nightingale courts" - these may allow space for face-to-face hearings to deal with the backlog in cases that has been highlighted by Covid.
Buildings other than court buildings have been used in the past for e.g inquiries.
If we want and need to reduce footfall in court buildings this seems very sensible.
If we want and need to reduce footfall in court buildings this seems very sensible.
In terms of taking instructions on remote hearings, various ways: Texting, email, WhatsApp, asking the court to break briefly. All of these have happened and work. Courts are alive to the issue of taking instructions.
That wraps up our Virtual Hearings & the Return to Court event. Thank you to all our panellists: HHJ Singleton QC, HHJ Monty QC, @colinwitcher & @nickharrison and to everyone who attended.
