COVID-19 Legal Update: Courts

The rapid spread of Covid-19 has inevitably posed a significant challenge to the operation of the Court system and access to justice. However, the Courts have reacted quickly to this rapidly changing situation to ensure that a functioning court and tribunal system is maintained. The approach varies between Courts but generally involves the increased use of existing technology, including conducting hearings by Skype, telephone and video, in order to deal with matters remotely wherever possible. The Courts have also implemented strict guidelines to ensure that social distancing is maintained if an in person hearing cannot be avoided.

The High Court is dealing with hearings remotely where possible and if a hearing cannot properly be dealt with remotely it may be adjourned. The Insolvency and Companies Court has taken the view that the hearings of many winding up and bankruptcy petitions cannot properly be dealt with remotely and has recently postponed a large number of petitions for a minimum of three months, although it is still dealing with urgent matters where possible. County Courts appear to be dealing with hearings by telephone or adjourning if necessary. However, adjournment will not always be appropriate and to avoid a substantial backlog the Courts and parties will need to quickly get to grips with dealing with hearings remotely.

Under Court rules, parties to litigation are permitted to extend time limits by consent for up to 28 days provided that such extension does not jeopardise a hearing date. These are known as “buffer orders”. In response to the difficulties parties to litigation are experiencing as a result of Covid-19, on 1 April 2020, the court rules were adjusted until 30 October 2020 to allow parties to extend time limits by consent from the usual 28 days to 56 days. This will provide parties, and the Court, with some much needed breathing space. It is important to bear in mind that this is not an automatic extension and buffer orders must be agreed in advance between the parties.

There will be an unavoidable delay in Court hearings while the Courts adjust to holding hearings remotely. With a view to assisting parties to a speedy resolution during the coming months, barristers at Serle Court Chambers have introduced a fast track, fixed fee Online Resolution service which is designed to take place remotely and provide a binding outcome within eighty days. This may prove a useful tool in the current, rapidly changing, circumstances but will not be suitable for all cases.

Please contact Alexander Weinberg for further information.

The information in this article was prepared on 3 April 2020. The law and practice is currently changing daily, so please check the up to date position before acting on anything you read here.