COVID-19 Courts Update

Over seven weeks after the lockdown was announced, the Courts, and lawyers, have adjusted well to working remotely. All hearings are being dealt with remotely, unless an in-person hearing is unavoidable (and for which systems have been put in place to ensure the safety of participants). Remote hearings are taking place by either telephone or video call, using existing technology such as Skype. The Courts have also indicated that they are open to adopting different remote platforms or, alternatively, dealing with matters on paper where appropriate. A number of Court buildings have been closed so as to consolidate Court work into fewer buildings. However, the Courts are accepting the majority of documents by email or via the High Court e-filing site, and central call centres have extended their working hours to accommodate the increased number of enquiries that the Courts are receiving.

There remains a focus on prioritising urgent matters, but there has been a move towards dealing with “business as usual” where possible. Non-urgent hearings that have been adjourned are being relisted as soon as practicable. Additionally, to accommodate any backlog of adjourned hearings and to minimise the impact of COVID-19 on Court business, at least one Division of the High Court has stated that it plans to list hearings during the summer vacation when the High Court is usually closed. We expect that other Divisions of the High Court will follow suit. In the meantime, the Courts continue to take the effects of COVID-19 into account when considering applications to adjourn hearings.

If it is necessary to go to Court, the lockdown should not impede that. From our own experience, we have found remote hearings to be effective and well-organised and, in certain matters, more cost effective. Similarly, we are arranging remote mediations to take place via services such as Zoom. We anticipate that online mediation will prove a useful tool in seeking a speedy resolution of disputes while the country remains on lockdown.

Please contact Alexander Weinberg for further information.

The information in this article was prepared on 14 May 2020. The law and practice is currently changing daily, so please check the up to date position before acting on anything you read here.