Business & Property Courts – New Protocol For Remote Hearings To Minimise Risk Of Covid-19

The Business and Property Court has released a new protocol with guidance for remote hearings in light of the current covid-19 pandemic. The Court’s objective is to undertake as many remote hearings as possible in order to minimise the risk of transmission of the coronavirus.

Parties and their legal representatives are being asked to be more proactive in relation to all upcoming hearings. Therefore, it is advisable that all practitioners begin making the necessary arrangements with the Court as soon as possible in relation to hearings already listed and for new hearings listed for the near future.

Possible solutions for hearings

In each case, the Judges and their clerks will propose one of the following three solutions in relation to the listed hearings:

1. Order the hearing to take place remotely – this could include:
   • BT conference call;
   • Skype for business;
   • Court video link;
   • Ordinary telephone call; and
   • Any other methods considered appropriate;
2. The hearing will proceed at Court; or
3. The hearing will be adjourned if a remote hearing is not possible and the length of the hearing and the number of people attending the hearing makes it undesirable for the hearing to go ahead.

Parties can make submissions to the Court by email or CE-file, copying in the other party, if they are not happy with the proposal the Court has made. The Court may also order a short remote case management conference to allow for directions for the conduct of a remote hearing to be made ahead of it.

Preparation for remote hearings

If necessary, parties should prepare an electronic bundle of documents and a separate electronic bundle of authorities for each remote hearing. This will need to be provided to the Judge’s clerk and all parties in advance of the hearing and as soon as possible. The bundles should only contain documents that are essential for that hearing.

How do remote hearings work?

• All parties need to be connected to the call or designated facility in good time to be ready for the start time of the remote hearing. If using Skype, the clerk will invite the Judge in, once the parties are ready.
• The remote hearing will be recorded by the Court. Parties are not permitted to record it.
• The hearing can be made open to the public, if technology permits, by making the hearing audible in a public Courtroom. If any party considers that the remote hearing should not be made open to the public, they should make submissions to the Judge to explain why.

All parties and legal representatives should begin liaising with their opponents and the Courts to put the necessary arrangements in place as soon as possible. The Courts are asking parties to be proactive and so we should not expect to wait to hear from the Court as this is undoubtedly a busy and difficult time for the Court to be making these alternative arrangements.