How may proceedings change after Covid-19?
During the COVID-19 global pandemic, trials and hearings have been mostly conducted over Skype for Business and various other online platforms. Looking forward to the future, what we have experienced during the lock-down may continue and we believe will make litigation a more streamlined, user friendly experience for litigants.
One example of a regime which has been introduced is hybrid trials for lower value claims. Hybrid trials allow for parties and their witnesses to be linked into the court room by video link, whilst the judge and advocates are present in court. This makes it easier and frees up more time for witnesses, which would otherwise be spent in travel and waiting time, especially for those with other commitments.
With hybrid trials, clients still get a full legal experience and the judge will still apply normal legal principles during the trial. The procedure for the case is the same, both leading up to the trial or hearing and during the case itself; except without the need to physically attend court. It may also mean that there will be less of a backlog arising from the current crisis with cases continuing to be heard, allowing for matters to be listed earlier and a quicker outcome for the parties involved.
The shift to the use of online platforms may prove more practical for all those involved in legal matters. Interim hearings can be heard remotely resulting in a time and cost saving for litigants. Even for the final hearing only the legal representatives need to attend court – again resulting in time and cost savings for all concerned.
Related FAQs
The only potential negatives are the potential for MHFAs to become overloaded, or for MHFAs to overstep the boundaries of their role. Both would be avoided if a suitable framework is in place around them, and if adequate ongoing support and training is provided.
We have developed a Toolkit to help with these issues. The Toolkit contains:
- LO1 How to Guide: Lay off and short time working
- LO2 Letter directing employee to take annual leave
- LO3 Letter confirming lay off (contractual right)
- LO4 Letter confirming short time working (contractual right)
- LO5 Letter proposing lay off (no contractual right)
- LO6 Letter proposing short time working (no contractual right)
- LO7 Counter notice disputing entitlement to claim redundancy payment
- LO8 Script for announcing lay off or short time working (contractual right)
- LO9 Script for announcing lay off or short time working (no contractual right)
- LO10 Letter proposing reduction in working hours and pay
The cost of this Toolkit is £500 plus vat. If you would like to find out more about the Toolkit, please speak to your usual Ward Hadaway employment contact, or get in touch one of the contacts at the bottom of this page.
You should have in place a dispute resolution procedure that sets out the appeal process or contractors or the agency as appropriate. You must respond to an appeal within 45 days.
If the status determination is disputed you should consider the contractor or agency’s reasons objections. You must consider if the original determination is to be maintained and give reasons for this. Or a new determination with reasons can be provided if appropriate.
Records of disputed determinations and the outcome of any appeal should be kept.
Partner at Ward Hadaway Adrian Ballam catches up with corporate finance expert and CBILS specialist Chris Silverwood (CorpFin and cashflow.co.uk) a month after their initial conversation to talk about what the last couple of months have taught us about access to finance.
Sections of the video and their timings are as follows:
(01.06) – example of continuing appetite for certain businesses (e.g. tech sector)
(02.06) – conflict between incumbent bank and different CBILS lenders, plus brief discussion of CBILS II
(05.36) – bounce back loans have been a distraction
(06.27) – muted impact of fintech CBILS lenders
(07.52) – discussion about invoice discounting
(11.59) – looming insolvency environment
(12:52) – emerging themes
- Do not require them to work
- Continue to communicate with and support them
- Allow them to work from home, is there alternative work for them to do if they can’t do their work from home
- Offer SSP or allow them to take holiday if they want to.