Remote Hearings in Personal Injury Claims* Litigation Cases
The current pandemic poses many challenges in so many aspects of life and getting court cases heard in personal injury claims* civil law cases is one such challenge.
Obviously, court cases require people to give evidence and attend a court room, and court house, which is problematic with the pandemic, but justice and the court process must go on, and one way to get court cases heard in personal injury claim* civil law cases is remote hearings.
Remote hearings will take place vis-a-vis video conferencing technology, such as the streaming app called PEXIP and although there was the intention of developing the infrastructure for remote court hearings prior to the pandemic, the need became urgent then with covid-19.
Now with introduction of the recent Civil Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 certain courts have powers in respect of remote hearings for civil proceedings, which include personal injury claims* cases.
Parties in a personal injury claim* legal action can apply to court for a direction with respect to the hearing of a case remotely.
A court of its own motion can itself direct that a civil law case proceeds by way of remote hearing.
Courts have the power to direct the means by which remote hearings will take place, the conduct of the remote hearing, and direct the attendance of witnesses etc.
Persons involved in a remote hearing, but not physically present in court, will have all the same obligations and liabilities as if they were present in the court room.
If a person who participates in such a remote hearing intentionally obstructions the technology ie video conferencing etc. they can be found guilty of an offence.
If the Judge is not in the court room during the hearing, they will be considered present and can exercise the powers conferred on them by the law.
A person could participate in a remote hearing if they are outside the state with the benefit of such technology, which could be a hugely beneficial outcome for many cases and a reduction in costs.
Many people are wondering how their cases are going to get heard and concluded in the pandemic, but court hearings with people present are continuing to a degree, and now remote hearings could well become commonplace with time to get cases on, heard, and concluded.
Please be advised that the above-mentioned material is intended as an overview and as a broad out-line of the topic discussed. It should not be considered as complete and comprehensive legal advice, nor act as an appropriate substitute.
Due care has been taken in the publication of this article and we do not accept legal liability as a result of reliance on any material covered in the above article.
Personal Injuries * In contentious business, a Solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.