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COVID-19: Judiciary publishes revised protocol on remote hearings in County Court, High Court, Business and Property Courts and Court of Appeal (Civil Division)

On 31 March 2020, the Judiciary published a revised version of Civil justice in England and Wales Protocol regarding remote hearings, in light of the ongoing COVID-19 outbreak.
On 31 March 2020, the Judiciary published a revised version of Civil Justice in England and Wales: Protocol Regarding Remote Hearings.
The Protocol was first published on 22 March 2020 (see Legal update, COVID-19: Judiciary publishes protocol regarding remote hearings in the County Court, High Court, Business and Property Courts and Court of Appeal (Civil Division)), and applies to all hearings, including trials and applications (as well as those involving litigants in person), in the County Court, High Court (including the Business and Property Courts) and the Court of Appeal (Civil Division).
The revised Protocol:
  • Mentions (in paragraph 6) that, should a hearing be held in private under CPR 39.2(3)(g) because the court is satisfied that it is "necessary, to secure the proper administration of justice", a copy of the court's order to that effect must, under CPR 39.2(5), be published on the Judiciary's website (www.judiciary.uk).
  • Includes a reference (in a new paragraph 6A) to Practice Direction (PD) 51Y ("Video or Audio Hearings During Coronavirus Pandemic"), which entered into force on 25 March 2020. Paragraph 6A of the revised Protocol clarifies that remote hearings accessed by a media representative are public proceedings, but if an order is made under PD 51Y, there is no requirement for the order to be published as under CPR 39.2(5). (PD 51Y was introduced under the 116th PD Update: see Legal update, COVID-19: Publication of 116th Practice Direction Update on private video and audio hearings in civil proceedings.)
  • Omits, from paragraph 26, the wording that states that electronic bundles can be delivered to the court on a USB stick. Instead, it provides that electronic bundles must be filed on the Courts Electronic Filing system (if available), or sent to the court by link to an online data room, or sent by email.
Published on 01-Apr-2020
Resource Type Legal update: archive
Jurisdictions
  • England
  • Wales
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