The President of the Family Division, Sir Andrew McFarlane, has released further guidance to pave the way for more remote hearings during the COVID-19 pandemic.
He expressed that COVID-19 will be with us for the foreseeable future, and therefore we (the court, legal professionals and clients) must adapt to survive.
The beginning of the health crisis saw the majority of cases adjourned off in the hope that the storm would pass. As we know, that was not to be the case.
There then came a wave of optimism to carry out vastly complex hearings by video link platforms such as Zoom or Skype. It quickly emerged that Zoom may not be secure and parties were finding it difficult to have their side of the story told the way they wanted, especially if they could not communicate directly with their legal team during a remote hearing. The net effect was that many cases were still being adjourned or simply lost in the ether.
The President’s new guidance affirms the importance of case management and furthering cases involving children. Whilst it remains down to the discretion of each judge or magistrate whether to hear a case remotely, the President has shown his support for a hybrid style of hearing, with witnesses attending by video link and one or both parties attending court in person.
Courts will begin to re-open in June which will help the process, however, they will operate at a much reduced capacity in order to comply with social distancing guidelines.
At Nockolds we have had several success stories having conducted hearings remotely and seeing our clients over video link. We continue to be optimistic that the legal profession will adapt and overcome this uncertainty. There is certainly willingness on all sides to find a way to keep the legal wheel turning.
For more information on remote hearings and how we can help you, please contact our Family Team on 0345 646 0406 or fill in our online enquiry form and a member of our Team will be in touch.