Chief Justice Frank Clarke has clarified that it is a matter of Courts Service policy to hear as many cases as possible.

He has issued a progress report on attempts to increase capacity to hear cases in “these very difficult circumstances arising out of the COVID-19 pandemic”.

Urgent cases

While the initial response of the courts was to ensure that urgent cases could be dealt with, the goal is now to ensure that as many cases as possible can be progressed, but fairly, safely and in full compliance with all Government guidance and regulations.

The systems trial of the platform designed to facilitate remote hearings has now been successfully completed.

Starting today, and running for the next seven to ten days, a series of ‘mock’ hearings will take place remotely, across various court jurisdictions, with the assistance of solicitors, barristers and court staff.

If those hearings are conducted satisfactorily, the hope is that remote hearings of actual cases will begin early in the next legal term, the Chief Justice said.

Appellate courts

It is envisaged that the first remote hearings will take place in the appellate courts, and a gradual rollout to other jurisdictions could follow, building on the experience gained.

The chief justice has thanked both the solicitor and barrister professions for their continued support, which, he said, is greatly appreciated.

He also thanked the Courts Service for expediting the IT infrastructure necessary to conduct remote hearings.

Remote hearings will not be suitable for all cases, he confirmed.

Facility

The ability of each court to utilise this facility will vary – as will the usefulness of remote hearings, depending on the type of case for hearing.

Capacity to deal with large numbers of remote hearings simultaneously will be constrained by Courts Service infrastructure.

Therefore, the president of each court will determine just how the facility will work in their own court jurisdiction.

Guidance

It is intended that each president will shortly issue guidance or practice directions, giving details of how remote hearings will operate in their court jurisdiction.

This guidance may also set out other measures designed to facilitate greater progress of ongoing litigation.

Parties, practitioners and interested members of the public should follow those details for greater information about how cases in which they have an interest will progress.