ReSolution Issue 25, June 2020 | Page 15

ii. There is to be a recognition of the extent to which disputes can in fact be resolved fairly by way of remote hearings.

iii. The courts must be prepared to hold remote hearings in circumstances where such a move would have been inconceivable only a matter of weeks ago.

iv. There is to be rigorous examination of the possibility of a remote hearing, and of the ways in which such a hearing could be carried out in a manner that is consistent with justice, before the court should accept that a just determination cannot be achieved in such a hearing.

v. Inevitably, the question of whether there can be a fair resolution by way of a remote hearing is possible will be case-specific. A multiplicity of factors will come into play and the issue of whether and, if so, to what extent, live evidence and cross-examination will be necessary is likely to be important in many cases. There will be cases where the court cannot be satisfied that a fair resolution can be achieved by way of a remote hearing.

Principles for granting an extension

The Court then turned to the issue of granting an extension of time. Having regard to paragraph 4 of PD51ZA and the approach taken to the adjournment of trials, the Court suggested the following principles should be considered in making such a determination.3

i. The objective is to keep existing deadlines if achievable. If this is not practicable, the minimum extension which is reasonably practicable should be granted. The prompt administration of justice and compliance with court orders remain of great importance, even in circumstances of a pandemic.

ii. There is an expectation that legal professionals will make use of appropriate modern technology. Legal professionals are expected to use methods of remote working and of remote contacting with witnesses and others.

iii. Legal professionals are expected to rise to the challenge of remote working and may need to go further than they otherwise would to meet deadlines. A degree of readiness to put up with and work around inconveniences is expected.

ReSolution | June 2020

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