Are The Courts Still Hearing Cases Remotely?
Our family legal update ‘Coronavirus – How will this affect my Court case in the Family Court?‘ deals with the changes the Courts have had to make to ensure Court Hearings in the Family Courts can still go ahead. Remote Hearings are continuing. There are many benefits of remote Hearings but also some disadvantages.
What are the advantages of Court cases being heard remotely?
- No travelling time or costs of travel
- Court staff working from home (which some people prefer, and others do not)
- Flexibility
- Efficiency
- No waiting time – allocated time rather than a number of cases listed at the same time
- No geographical restrictions
What is the potential downside of Court cases being heard remotely?
- Lack of technology e.g. not having the correct equipment
- Technology issues e.g. poor internet connection
- Parties not feeling there has been proper justice
What steps can be taken to ensure a remote Hearing progresses as smoothly as possible for you?
- Ensuring you have access to technology
- Ensuring you have access to the Court Bundle (which can be sent to you electronically or in paper form)
- Considering whether you need to have a conference with your representative before the Hearing to address any outstanding issues/questions
- Ensuring you are able to communicate with your representative during the Hearing
- Ensuring you have a discussion with your representative after the Hearing
- If it is considered a remote Hearing is not appropriate, then considering the other options such as possible attendance in person at Court
What is the future of remote Hearings?
Remote Hearings will continue for the time being. There are a number of Courts that remain open for those Hearings that are not considered appropriate for remote Hearings.
In the future, Remote Hearings by video or by phone are likely to continue for simple Hearings. It is difficult to say whether they will continue for other Hearings such as Final Hearings.
There are still adjustments to be made to make remote Hearings more effective. A two-week rapid survey on how remote Hearings were working was conducted in April 2020. The President of the Family Division, Sir Andrew McFarlane, has now announced a further survey of how remote Hearings are working.
Is Mediation being carried out remotely?
The suitability of Mediation has to be considered prior to issuing certain Court applications. Mediation sessions are mostly being carried out online. The benefits of online Mediation are flexibility, no travelling and parties feeling safe. However, in some cases Mediation online is not suitable e.g. if a party is not experienced with technology. In those cases, face-to-face Mediation can take place provided the government Covid-19 guidelines are followed.
Get in touch
Hart Reade are here to help you in Eastbourne, Meads, Hailsham and Polegate. All departments are fully operational and ready to progress matters quickly.
Please get in touch with Tina or one of our other Family Law Solicitors about any family matter, including questions about this blog post – are the courts still hearing cases remotely? Either call 01323 841481, or alternatively, please fill in the form below and someone will be in touch. Tina is a Associate family law Solicitor and offers a free initial interview to give general advice and guidance and to discuss the options available to you.
Please note that this article does not constitute legal advice. You should always speak to a legal professional to discuss your circumstances and consider your options.