With the gradual release of lockdown restrictions around the country, we here at LFBB we have noticed a pickup in business enquiries. As ever, when it comes to legal issues, we are here to provide assistance much as we have been throughout lockdown. There are generally 1 or 2 of us in the office and the rest are working from home.
In the litigation department an influx of work typically means more time at Court. Of course, the Courts are closed to all but very urgent matters and therefore telephone and video hearings are becoming the norm.
Telephone hearings are nothing new – they were used prior to lockdown – and video hearings were possible but not widely experienced. Moving forward, it is very much going to be the norm for hearings to be conducted by telephone by video. In fact, the Ministry of Justice is developing its own video meeting technology – presumably to avoid the hefty licence fees that come with the use of Microsoft Teams or Zoom.
There are some aspects of attendances at Court that cannot be replaced by virtual hearings. For example, an informal discussion with the opposition that takes place without any planning but which is a key driver towards settlement or perhaps having the opportunity to observe the behaviour of a litigant whilst in the Court waiting room.
Some of the positives of a virtual Court Room include:
- You can work from the comfort of your own home or office.
- You do not have to travel which comes with its own costs and stresses for clients.
- You do not have to wait in a long queue to through Court security (and the contents of your pockets and bags will not be publicly checked by the Court security officers)
- Costs in general may be kept down and hearing times reduced.
Some of the disadvantages include:
- You cannot get a sense of your opponent’s body language or behaviour by looking into their eyes or seeing how they react to questions (particularly difficult over the phone!).
- You cannot turn around and have a quiet conversation with your client to take instruction (although there are virtual side rooms available for that).
- You cannot be certain that no one is listening who should not be listening.
Overall, the pros and cons probably balance each other out, which is a good job because this is certainly going to be the new normal for some time to come!
If you have been served with Court proceedings or if you would like to speak to us about making a claim please feel free to contact our team on 0114 272 9721