COURT GUIDANCE
By Nicola Laver
The rules in the civil and family courts are flexible enough to enable telephone and video hearings of almost everything, the LCJ said. In a message to judges in the civil and family courts, he said any legal impediments would be dealt with. He clarified that final hearings and hearings with contested evidence will inevitably be conducted using tech, otherwise there will be no hearings and 'access to justice will become a mirage'. The default position now in all jurisdictions is that hearings should be conducted with one, more than one or all participants attending remotely. However, the LCJ acknowledged that will not always be possible, in which case sensible precautions should be taken when attending in person. A protocol for remote hearings in civil proceedings has been issued. 20 March