First Remote Trial is a Success

First Remote Trial is a Success

21st August 2020

Our Personal Injury Solicitor, Kerry Hudson, discusses the first remote trial via Skype and how to prepare for a remote trial hearing.

Many Claimants may be worried about how a Personal Injury claim may be progressed with the reduction of services the courts and tribunals may be able to offer due to the pandemic.  However, the Courts are adapting, and seem to be adapting well.

This week the Personal Injury department saw their first remote trial proceed through Skype which we are pleased to say was a success, both regarding the remote hearing itself and a win at trial.

There were a few things, however, we thought it would be useful to highlight when preparing for a remote hearing: –

  • The courts’ preferred method appears to be Skype and they will send out Skype invites.  That link from the invite will lead relatively easily to joining the hearing as long as you have suitable internet connection and no firewalls blocking access.
  • It is important to note that even though the trial/hearing is going ahead remotely it is still a court hearing and therefore no recording should be made of the hearing, indeed to do so would be contempt of court.  The court will be making its own recording, which if you want a transcript of, may be applied for afterwards.
  • No food or drink to be consumed in the hearing apart from water.
  • It is be held in private so make sure there is nobody coming in and out of the room that you are having the hearing in.
  • If you are a claimant or a witness, you will need to either swear an oath on a bible or an affirmation.  If you are happy to swear an oath, then have the bible ready with you.
  • It is important to have conference with the Barrister before the hearing to discuss how you might want to liaise with them if you have any questions in the hearing itself, because it must be remembered that if your microphone is not muted and your video is on, everyone can hear/see and there will be times when you will need to ensure your microphone is muted and your camera is off, at times when you are not giving evidence.
  • Whilst the trial bundle will be sent electronically, it might be helpful, if you are able, to print off a copy or get a copy sent to you in advance, so you have hard copy in front of you in case you  find it difficult to navigate electronically.
  • Make sure any other devices such as mobiles phones are switched off or muted.

As we adjust to the new way of dealing with litigation and the court adapting as must we, it is encouraging to know that important matters such as trial dates can still take place.

If you have a Personal Injury claim and would like to discuss it with one of our specialists, Kerry Hudson, Solicitor, or Hiba Mahmood, Personal Injury Executive, would be pleased to hear from you at kerry.hudson@bttj.com and hiba.mahmood@bttj.com.