Court Hearings at the time of Covid.

Recent reports suggest that most courts are only operating, at the time of writing, at about a 20% capacity. This means there will be an inevitable backlog. However anecdotal evidence suggests the courts are doing their best to cope, and in particularly listing hearings where possible. 

Following a helpful case (Re: P(A Child: Remote Hearing) [2020] EWFC 32) the President of the Family Division, in charge of family hearings , gave useful guidance about what sorts of cases could be heard remotely and which could not. Certainly many Directions hearings are taking place, via BT, with stipulations to take into account that no unauthorised third parties are present - for example family members or friends in the background of calls. 

This is obviously hard to manage and I sense that the (understaffed) courts, are simply doing their best in unprecedented circumstances. I expect different areas of the country are also able to cope more efficiently than others. 

It is so hard when every person, in every case, will say that their matter is urgent.

In civil cases the introduction of a new Practice Direction (PD51ZA) has allowed parties to agree extensions of court directions beyond the usual 28 days to 56 days, which creates more time for things to be completed, and hopefully more time to attempt to reach a settlement. 

There is no doubt that by the time things return to the ‘new normal’ the courts will still be dealing with cases that should have been heard in the spring and summer of 2020.  This is therefore the time to consider mediation, arbitration or simple co-operation as a way or sorting out issues.

I am more than happy to discuss any of this with you, if you fear your legal issue will be pushed off into the long grass of 2021.