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Drilldown: Resources

A summary of the coronavirus resources can be found here: Coronavirus resources.

The relevant pages (and summaries) are displayed at the bottom of this page.

Resources > Type: Court guidance

Showing below up to 13 results in range #1 to #13.

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Resource Type Sentence Abstract Date
Court of Protection, 'Additional Guidance for Judges and Practitioners arising from Covid-19' (The Hon Mr Justice Hayden, 18/3/20) Court guidance Coronavirus resource

Further COP coronavirus guidance

(1) This guidance contains the following key messages (paraphrased): (a) hearings of less than 2 hours will be by telephone, but longer hearings will proceed unless the judge decides otherwise; (b) all practitioners must consider the range of options, including Skype and telephone conferences; (c) if directions hearings cannot be dealt with by agreement then a remote hearing should be sought; (d) every sensible effort to alleviate the pressure on court staff should be made; (e) further use of Skype beyond the current limited circumstances is being considered. (2) The guidance answers various questions in relation to: (a) acceptance of electronic signatures; (b) notification of P; (c) interim appointment of professional deputies; (d) service by email; (e) scanned documents and electronic bundles; (f) capacity assessments undertaken via video. (3) A "Core Working Group (COVID-19)" including judges and representatives of the (legal) profession will be set up to look at ongoing interim solutions.

2020-03-18
Court of Protection, 'Court User Group Update' (HHJ Carolyn Hilder and Amrit Panesar, 21/5/20) Court guidance Coronavirus resource

COP update

This letter to court users deals with the court's performance and activities during the coronavirus outbreak and some of the work being done to assist practitioners, under the headings: (1) Hearings; (2) Filing of form COP20s; (3) Electronic filing of P & A deputy applications; (4) Performance.

2020-05-21
Court of Protection, 'Dear Colleagues letter' (Mr Justice Hayden, 23/3/20) Court guidance Coronavirus resource

HIVE group and 2m separation at court

The "HIVE" group has been established, the objective being "to continue to refine our approach to dealing with the Court’s business and to seek to ensure that it runs as smoothly as possible". It consists of: The Vice President; The Senior Judge, HHJ Hilder; Sarah Castle, the Official Solicitor; Vikram Sachdeva QC; Lorraine Cavanagh QC; Alex Ruck Keene; Kate Edwards; Mary Macgregor, Office of Public Guardian; Joan Goulbourn, Senior Policy Advisor, Ministry of Justice. All those who attend court should keep 2m separation from others at all times.

2020-03-23
Court of Protection, 'Further Guidance for Judges and Practitioners in the Court of Protection arising from Covid-19' (Mr Justice Hayden, 24/3/20) Court guidance Coronavirus resource

COP guidance on remote hearings and serious cases

(1) The guidance on remote hearings is now: "as from today no hearings which require people to attend are to take place unless there is a genuine urgency and it is not possible to conduct a remote hearing." (emphasis in original) (2) Genuinely urgent and life/death cases will be identified and prioritised in the usual way, but if any difficulty arises the VP's clerk may be emailed.

2020-03-24
Court of Protection, 'Letter about Hive group' (Mr Justice Hayden, 4/5/20) Court guidance Coronavirus resource

Information about Hive group

This letter sets out the aim and constitution of the Hive group, with particular focus on: (1) property and affairs; (2) welfare cases in the context of deprivation of liberty; (3) "community DOL" orders under COP DOL11; (4) transparency. The HIVE mailbox (hive@justice.gov.uk) can be used to raise coronavirus issues which do not relate to specific cases.

2020-05-04
Court of Protection, 'Remote access to the Court of Protection guidance' (Mr Justice Hayden, 31/3/20) Court guidance Coronavirus resource

Detailed COP remote hearing protocol

This 20-page document confirms that no COP hearings which require people to attend are to take place unless there is a genuine urgency and it is not possible to conduct a remote hearing. It includes a template case management order, and sets out sets out operational protocols governing remote hearings under the following headings: (1) General; (2) Legislative framework; (3) Judicial access to audio/visual conferencing platforms; (4) video/visual Conferencing: (a) Cloud Video Platform MoJ/HMCTS; (b) Skype for Business; (c) Microsoft Teams; (d) Zoom; (e) FaceTime; (f) Lifesize; (5) Audio/Telephone; (6) Security; (7) Transparency; (8) Transcription/recording of the hearing; (9) GDPR; (10) Attendance of P at the remote hearing; (11) Litigants in Person; (12) Witness Evidence; (13) Electronic Bundles; (14) Use of Interpreters and Intermediaries; (15) Orders and Service; (16) Legal aid funding.

2020-03-31
Court of Protection, 'Visits to P by Judges and Legal Advisors' (The Hon Mr Justice Hayden, 13/3/20) Court guidance Coronavirus resource

COP coronavirus guidance

This guidance from the Vice President of the Court of Protection states that "visits should only be made to P where that is assessed as absolutely necessary", that "[a]lternative arrangements should always be considered first, such as telephone FaceTime and Skype conferencing", and that "[v]isits to care home are to be strongly discouraged" (emphasis in original). Judges should discuss any potential visits with the Regional Lead Judge, and keep informed of the advice on the judicial intranet which is reviewed daily.

2020-03-13
HMCTS and MOJ, 'Coronavirus (COVID-19): courts and tribunals planning and preparation' (published 13/3/20 and updated periodically) Court guidance

HMCTS and MOJ coronavirus guidance

Advice and guidance for court and tribunal users during the coronavirus outbreak. This Gov.uk page is updated regularly, contains its own information, and also contains links to many of the relevant documents.

2020-03-13
Judiciary of England and Wales, 'Civil justice in England and Wales: Protocol regarding remote hearings' (20/3/20) Court guidance Coronavirus resource

Civil courts remote hearing protocol

"This Protocol seeks to provide basic guidance as to the conduct of remote hearings."

2020-03-20
Lord Chief Justice, 'Coronavirus (COVID-19): Jury trials' (17/3/20) Court guidance Coronavirus resource

Coronavirus jury trials guidance

(1) No new trial should start in the Crown Court unless it is expected to last for three days or fewer; (2) all cases estimated to last longer than three days listed to start before the end of April 2020 will be adjourned; (3) trials currently underway will generally proceed in the hope that they can be completed.

2020-03-17
Lord Chief Justice, 'Coronavirus (COVID-19): Message from the Lord Chief Justice to judges in the Civil and Family Courts' (19/3/20) Court guidance Coronavirus resource

Coronavirus court guidance on remote hearings

This message states: "The rules in both the civil and family courts are flexible enough to enable telephone and video hearings of almost everything. Any legal impediments will be dealt with. HMCTS are working urgently on expanding the availability of technology but in the meantime we have phones, some video facilities and Skype." It contains some outline guidance in relation to social distancing, litigants in person, trials and hearings involving live evidence, prioritising work, possession proceedings, injunctions and committal hearings, civil appeals, and family matters.

2020-03-19
Lord Chief Justice, 'Review of court arrangements due to COVID-19, message from the Lord Chief Justice' (23/3/20) Court guidance Coronavirus resource

Jury trials have been paused

(1) This message notes that jury trials cannot be conducted remotely and states that all jury trials will be paused for a short time to enable appropriate precautions to be put in place (this topic is only of peripheral interest to MHLO readers so please check the Judiciary website or elsewhere for further updates). (2) In relation to family and civil courts it confirms that hearings requiring the physical presence of parties and their representatives and others should only take place if a remote hearing is not possible and if suitable arrangements can be made to ensure safety.

2020-03-23
President of the Family Divison, 'COVID 19: National Guidance for the Family Court' (19/3/20) Court guidance Coronavirus resource

Coronavirus Family Court guidance

This guidance for all levels of the Family Court and in the High Court Family Division provides detailed guidance on remote hearings and states that "whilst the default position should be that, for the time being, all Family Court hearings should be undertaken remotely either via email, telephone, video or Skype, etc, where the requirements of fairness and justice require a court-based hearing, and it is safe to conduct one, then a court-based hearing should take place".

2020-03-19

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