The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:
This Practice Note gives guidance on remote hearings, via video-conference and telephone. It covers relevant CPR provisions and related guidance, as well as special considerations for witnesses giving evidence via video-conferencing. It also provides guidance on use of phone hearings and video-conferencing in times of coronavirus (COVID-19), including on CPR PD 51Y and the Coronavirus Act 2020. In addition, the use of IT in court is considered.
Depending on the court in which your matter is proceeding, you may also need to be mindful of additional provisions—see further Court specific guidance.
Due to the challenges presented by coronavirus (COVID-19), the Lord Chief Justice gave guidance that the default position is that hearings should be conducted with one, more than one or all participants attending remotely—see: LNB News 19/03/2020 93—Coronavirus (COVID-19)—Civil and Family Courts guidance from Lord Chief Justice. This position has been reiterated in a statement on 5 January 2021, which states that ‘[f]acilitating remote attendance of all or some of those involved in hearings is the default position in all jurisdictions, whether backed by regulations or not.’ See Message from Lord Chief Justice amid new coronavirus (COVID-19) restrictions—LNB News 05/01/2021 61.
It has been stressed that ‘the rules in both the civil and family courts are flexible enough to enable telephone and video hearings of
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
This Practice Note considers the nature and scope of arbitration agreements with a particular focus on arbitration agreements pursuant to the law of England and Wales, although it also discusses the concept from an international perspective and includes some comparative examples from other
When restructuring is considered rather than formal insolvency proceedings (see Practice Note: Benefits of restructuring over formal proceedings) the company may want to ensure that relevant creditors quickly enter a standstill agreement to gain some breathing space to consider a restructuring
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
There may be times when, rather than assigning the benefit of an agreement to a third party, the original parties wish instead to end their obligations to each other under that agreement and, in effect, recreate it, with the third party stepping into the shoes of one of the original parties. This is
0330 161 1234
To view our latest legal guidance content,sign-in to Lexis®PSL or register for a free trial.