Dublin law firm BLM has expressed concern that the pandemic will continue to disrupt and adversely impact civic litigation cases well into 2021, with limited remote hearings, reduced court lists, and declining claims notifications due to local lockdowns.
The firm, which specialises in commercial and insurance-risk law, is calling for action to be taken to prevent a further backlog of court cases in 2021.
A full 90% of current civic litigation cases are not being progressed because of unparalleled COVID-19 challenges, the firm says. It is now estimated that there are more 95,000 cases that have not been progressed – down from a peak of 120,000 in October 2020.
Anxious wait for clients
Looking ahead to 2021, the firm is concerned that this number will increase significantly as many clients face an anxious wait regarding their court hearings and potential settlements.
BLM says that solutions, including increased utilisation of virtual courts and the implementation of innovative physical measures (that comply with public-health directives), should be implemented to streamline processes in early 2021.
The law firm is confident, however, that when the pandemic’s impact is brought under control, it will lead to a rapid return to business growth.
Deluge of unsettled cases
Partner Sinead Connolly says: “We acknowledge that the pandemic has posed great challenges to the court and wider legal system; however, is it vital that steps are taken quickly in order to prevent a deluge of unsettled cases and enable court business to return to pre-lockdown levels.
“The legal sector has worked hard to conduct its essential civic duties throughout 2020; however, as we look towards 2021, we require renewed external support and ‘joined-up thinking’ to ensure we don’t suffer another year like what we’ve experienced.
“Virtual courts can provide some respite, however they’re not always feasible, particularly with longer legacy cases, which cannot be dealt with remotely, and where vulnerable clients may not have the digital skills to access adequate legal advice,” she said.
“We are confident that the legal sector is primed to bounce back effectively in late 2021, with a strong growth period ahead, however, we need to navigate our way through the coming weeks and months in the meantime,” she concluded.
Backlog
Joint head of office, Olivia Treston, added: “While progress has been made, the recovery journey, especially to overcome the clearing of the backlog of cases, is becoming much longer than first envisaged.
“We need to leverage digital and hybrid solutions, including virtual courts and physical-health compliant measures in order to progress cases which involve more than two parties, while meeting COVID-19 secure guidelines.
“We are calling for a collaborative and consultative approach, so that workable changes can be agreed, and justice can be gained within a viable time period, so people can move on with their lives,” Treston said.