The following Dispute Resolution Q&A Produced in partnership with James Tunley of Lamb Chambers provides comprehensive and up to date legal information covering:
At present, HM Courts and Tribunals Service have confirmed that, generally, the business of the courts and tribunals is continuing. The guidance is that as long as court users do not have confirmed or possible coronavirus (COVID-19) infection or do not need to self-isolate in line with the National Health Service advice, they should continue to use the courts as usual. In the event that they are unable to attend either due to illness or the need to self-isolate, they should contact the court.
The first point to consider is whether the hearing can proceed without whoever is unable to attend. Depending on the notice given, it may be possible to find alternative counsel or to set up telephone/video conferencing arrangements, which is something that has been advocated by the Lord Chief Justice.
For further guidance, see Practice Notes:
Remote hearings in civil proceedings via video-conferencing and telephone
Non-attendance by the parties at trial
Application hearings, in particular section: Non-attendance by a party
Litigants in person—trial and non-attendance
Witness evidence—giving evidence at trial, in particular section: Giving evidence by video link
Expert testimony, in particular section: Attendance of experts at court
Application hearings, in particular sections: Telephone hearings and video conferencing and Fully video hearings
In relation to the Technology and Construction Court, see Practice Note: TCC—determining applications, in particular
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On 29 August 2015, the Prudential Regulation Authority (PRA) published the PRA Rulebook (Rulebook). The transition from the Handbook to the Rulebook was intended to benefit PRA-authorised firms, to access clearer and more concise rules. Alongside the Rulebook, supervisory statements and statements
The primary function of office-holders in personal and corporate insolvency is to collect in the assets belonging to a company or individual and to distribute these to the company's or individual's creditors. Office-holders have various duties and powers in order to ensure that they do this. For
What is quia timet relief?Injunctions are generally awarded where a party has already suffered a wrong. For guidance on injunctions generally, see Practice Note: Injunctions—guiding principles. However, an injunction may be sought before a party's rights have been infringed on the basis that they
What is recklessness?In respect of some statutory offences and common law crimes the prosecution are required to prove a mental element of recklessness on the part of the defendant.Recklessness means unjustified risk taking on the part of the accused.Prior to the House of Lords decision in Re G
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