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When are remote hearings appropriate in the context of an interim injunction? (Surrey Heath Borough Council v Robb)

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Published on: 29 June 2020

Published by a LexisNexis Dispute Resolution expert

Article summary

Dispute Resolution analysis: The Queen’s Bench Division considered arguments for and against hearing remotely a return date on an interim injunction. Pursuant to the protocol in place during the current pandemic, remote hearings should be used and it is for the party seeking to have the matter heard in person in court to show why an in person hearing is necessary to do justice. A party seeking to be heard in person should make its arguments in a timely fashion. Matters such as giving instructions and ensuring that parties can be guided by their legal team can be facilitated during remote hearings—breaks can be scheduled for such purposes. Cross-examination on its own may be insufficient to require an in person hearing rather than a remote hearing. Similarly, the ‘high stakes’ of a case for a defendant is again not necessarily sufficient to require an in person hearing. This decision was handed down before...

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