Court Hearings and Video Conferencing

Many of us have had to brush up on our technology skills over the last few weeks. I am a self-confessed technophobe. However, I have had to learn new skills quickly and adapt to the new ways of working while on lockdown.

Not only have law firms had to get tech savvy but the courts have had to adapt very quickly to the new working practices and changes to the legal profession. Prior to COVID-19 the courts were already au fait with audio and video technology and it was starting to play a major role in the justice system.

HM Courts & Tribunals Service is now increasing its use of video and audio technology in hearings in response to the new working environment. Although many hearings prior to this were conducted via telephone in an attempt to streamline the service and save time and money.

Many hearings have been adjourned or cancelled but just as many hearings have taken place since 19 March 2020 using video and audio technology. Figures have been released recently which show approximately just how many hearings have been conducted using technology. The figures are not exact but are an estimate and include hearings where video or audit has been used for the whole of the hearing or for part of it at least.

Date	Audio	Video	Face-to-face	Estimated proportion using video/audio
19-Mar	100	150	Data not available	n/a
23-Mar	300	250	Data not available	n/a
25-Mar	500	150	Data not available	n/a
26-Mar	500	200	Data not available	n/a
27-Mar	500	350	Data not available	n/a
30-Mar	1250	450	Data not available	n/a
31-Mar	1000	750	450	80%
01-Apr	1650	750	400	85%
02-Apr	1800	750	450	85%
03-Apr	1700	850	500	85%
06-Apr	1850	1100	500	85%

The figures speak for themselves and it seems that the figures has increased over time and as at 6 April 2020, 85% of hearings took place using video/audio. This is impressive.

What we must do is remember that all hearings in the Queen’s Bench Division of the ECJ will now be conducted by telephone conference or Skype and telephone hearings must be hosted by an approved service provider. Guidance is set out in PD23A and PD51Y.

We must set up these conferences, by telephone, as they must be recorded. Skype hearings are set up by the Masters themselves so that you are invited to join and the Master or the listing clerk will let you know how the hearing is going to be conducted.

If you and your opponent believe that your hearing is not urgent and you both wish it to be heard at a later date after lockdown, you must let the appointed Master know as soon as possible. I recently filed a listing questionnaire and sought adjournment of the trial at the same time as filing this and paying the court fee. Both my opposite number and I agreed that the trial is too complex to be heard via video link and experts on both sides are self-isolating.

The Masters prefer to be emailed in advance with all documentation relating to the hearing and Annex B  provides details of all relevant email contact addresses. Electronic bundles are the way forward and all skeleton arguments must be filed via separate email. Electronic bundles should not contain irrelevant documents as they will be time consuming to review.

I am not sure any of us could have imagined that we would have found ourselves in this situation a few months ago.

Working at home is the new working practice and we are all adapting as best as we can. We will master this and we will get used to zoom, Skype, WhatsApp conferencing although what we might forget to do when we are back in the office is know what to wear or how to communicate face-to-face.

Blog post written by Stephanie Prior, head of Clinical Negligence.