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The court’s approach to adjournment, trial format and procedure during the coronavirus (COVID-19) pandemic (Bilta v SVS Securities)

The court’s approach to adjournment, trial format and procedure during the coronavirus (COVID-19) pandemic (Bilta v SVS Securities)
Published on: 14 January 2021
Published by: LexisPSL
  • The court’s approach to adjournment, trial format and procedure during the coronavirus (COVID-19) pandemic (Bilta v SVS Securities)
  • What are the practical implications of this case?
  • What was the background?
  • What did the court decide?
  • Case details

Article summary

Dispute Resolution analysis: This decision provides helpful guidance on the court’s approach to requests for adjournment of trials during the coronavirus (COVID-19) pandemic. In particular, the judgment considers when it is appropriate for witnesses to give evidence remotely and the factors to be taken into account when proceeding on a part remote, part in-person trial. In this case, although the court recognised that cross-examination of witnesses in person was the ‘gold standard’ and a remote solution was ‘second best’, it concluded it would not be unfair (either to the witnesses or the party) for evidence to be given remotely, provided certain key safeguards were applied. Written by Harriet Campbell, professional support lawyer at Stephenson Harwood LLP. or take a trial to read the full analysis.

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