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The Impact of COVID-19 Measures on the Civil Justice System

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The Impact of COVID-19 Measures on the Civil Justice System Report and recommendations The impact of COVID-19 measures on the civil justice system Dr Natalie Byrom Sarah Beardon Dr Abby Kendrick May 2020 Acknowledgements The urgency of the work presented in this report meant that the exercise has been carried out at great speed. This was only possible thanks to the commitment of many people and their willingness to engage and respond within a very rapid timeframe. I would like to thank Sarah Beardon for her excellent assistance with this research and Dr Abby Kendrick for her brilliant and speedy work on the regression analysis included in this report. I would also like to express my sincere gratitude to His Honour Judge Chris Lethem for his time and expertise— his extensive work devising the hearing categories and coding the court listings data was invaluable. Thank you also to Maria Dias who kindly supported HHJ Lethem with this work. I am very grateful to the incredible team at Tortoise Media; Alexi Mostrous, Gurjinder Dhaliwal, Xavier Greenwood and Nick Stone for convening the online public consultation meeting. I am deeply indebted to the expert working group for their support and guidance. Members included: Lady Justice Ingrid Simler, DBE, representing the Master of Rolls and his Civil Executive Team District Judge Judy Gibson, Civil Justice Council Matthew Smerdon, Civil Justice Council and The Legal Education Foundation Julie Bishop, Law Centres Network Professor Dame Hazel Genn DBE, UCL Laws Professor Shannon Salter, Civil Resolution Tribunal, British Columbia David Slayton, Texas State Courts Administration Dr John Sorabji, 9 St John Street Chambers, UCL Professor Richard Susskind OBE, IT Adviser to the Lord Chief Justice Dr Joe Tomlinson, Public Law ProJect and University of York Dr Judith Townend, University of Sussex I would also like to thank Sam Allan and Leigh Shelmerdine at the Civil Justice Council and my exceptional colleagues at The Legal Education Foundation. Special thanks are due to Matthew Smerdon, Clare Killeen, Jennifer Burgess, Belinda Berry and Alan Humphreys. I would also like to thank Eadaoin Patton for her support with editing this document, and David Geddes. Finally and most importantly, I would like to thank everyone who gave up their time to publicise and participate in the consultation. This report would not have been possible without you. 2 Table of Contents 1. EXECUTIVE SUMMARY ........................................................................................................................... 5 A. BACKGROUND ............................................................................................................................................................ 5 B. ABOUT THE RAPID REVIEW ....................................................................................................................................... 5 C. FINDINGS: UNDERSTANDING THE CONTEXT FOR REMOTE HEARINGS UNDER COVID-19............................ 7 D. FINDINGS: REMOTE HEARINGS UNDER COVID-19—THE EXPERIENCE OF LAWYERS ................................... 7 D1. FINDINGS: REMOTE HEARINGS DURING COVID-19—SATISFACTION WITH HEARINGS .................................... 8 E. FINDINGS: UNDERSTANDING REMOTE HEARINGS UNDER COVID-19—THE EXPERIENCE OF LAY USERS . 9 F. FINDINGS: REMOTE HEARINGS UNDER COVID-19—THE IMPACT ON OPEN JUSTICE ..................................10 G. RECOMMENDATIONS FOR RECOVERY AND MANAGING THE BACKLOG OF CASES ..........................................11 H. INFORMATION, EVALUATION AND PRIORITIES FOR RESEARCH .........................................................................12 2 INTRODUCTION ..................................................................................................................................... 13 A. BACKGROUND ..........................................................................................................................................................13 B. ABOUT THE REVIEW ................................................................................................................................................14 3 METHODOLOGY AND APPROACH ................................................................................................... 16 A. OVERVIEW- HOW WAS DATA COLLECTED? ...........................................................................................................16 B. UNDERSTANDING THE CONTEXT AND FRAMING THE FINDINGS ......................................................................16 C. UNDERSTANDING ATTITUDES TO CURRENT ARRANGEMENTS ..........................................................................17 C1. SURVEY......................................................................................................................................................................17 C2. CONSULTATION EVENT...........................................................................................................................................18 C3. CONSULTATION INBOX ...........................................................................................................................................18 D. THE LIMITATIONS OF THE FINDINGS ....................................................................................................................19 4 FINDINGS: UNDERSTANDING THE CONTEXT FOR REMOTE HEARINGS UNDER COVID-19 .............................................................................................................................................................. 21 A. OVERVIEW ................................................................................................................................................................21 B. THE IMPACT OF COVID-19 ON THE TYPES OF CASES PROCEEDING ................................................................21 C. REDUCTIONS IN ABILITY TO ACCESS LEGAL ADVICE—PARTICULARLY FOR THOSE WHO ARE VULNERABLE 22 D. GROWTH IN LEVELS OF WIDER LEGAL NEED .......................................................................................................22 E. REDUCTIONS IN THE VOLUME OF CASES BEING HEARD AND THE IMPACT ON THE PROFESSION .................23 F. HOME-SCHOOLING AND IMPACT ON THOSE PROFESSIONALS WITH CARING RESPONSIBILITIES ...................23 G. TIMING OF THE CRISIS IN THE CONTEXT OF THE WIDER COURT REFORM PROGRAMME ................................24 5 FINDINGS: REMOTE HEARINGS UNDER COVID-19—THE EXPERIENCE OF LAWYERS 25 A. OVERVIEW ................................................................................................................................................................25 B. BEFORE THE HEARING: NOTICE PERIODS ............................................................................................................25 C. BEFORE THE HEARING: GUIDANCE ......................................................................................................................27 D. THE EXPERIENCE OF REMOTE HEARINGS: CHARACTERISTICS OF HEARINGS REPORTED ..............................29 E. CHARACTERISTICS OF HEARINGS REPORTED: WHEN DID THE HEARINGS DESCRIBED TAKE PLACE? ..........30 F. CHARACTERISTICS OF HEARINGS REPORTED: GEOGRAPHICAL DISTRIBUTION OF HEARINGS ......................31 G. CHARACTERISTICS OF HEARINGS REPORTED: VALUE OF CLAIM AND LEVEL OF COURT ................................31 H. CHARACTERISTICS OF HEARINGS REPORTED: HEARING TYPE...........................................................................32 I. CHARACTERISTICS OF HEARINGS REPORTED: MODE OF HEARING AND TECHNOLOGY USED ......................34 J. CHARACTERISTICS OF HEARINGS REPORTED: LITIGANTS IN PERSON ...............................................................35 K. CHARACTERISTICS OF HEARINGS REPORTED: ISSUES WITH TECHNOLOGY ......................................................36 L. CHARACTERISTICS OF HEARINGS INCLUDED: WHO PROVIDED TECHNICAL SUPPORT? ..................................39 M. CHARACTERISTICS OF HEARINGS INCLUDED: FEAR, DISTRESS AND FRUSTRATION ........................................41 N. CHARACTERISTICS OF HEARINGS INCLUDED: PARTIES INTERRUPTING EACH OTHER ....................................43 O. CHARACTERISTICS OF HEARINGS INCLUDED: PROBLEMS COMMUNICATING DURING THE HEARING ..........44 P. CHARACTERISTICS OF HEARINGS INCLUDED: AGREEMENT WITH OUTCOME ..................................................48 Q. CHARACTERISTICS OF HEARINGS INCLUDED: - SATISFACTION WITH HEARINGS .............................................49 R. UNDERSTANDING THE FACTORS THAT DRIVE POSITIVE PERCEPTIONS OF REMOTE HEARINGS ...................50 S. COMPARING REMOTE HEARINGS TO PHYSICAL HEARINGS: BETTER OR WORSE? ............................................52 T. REMOTE HEARINGS: PARTICIPATION AND EFFICACY .........................................................................................54 U. REMOTE HEARINGS AND FATIGUE ........................................................................................................................56 V. REMOTE HEARINGS AND EXPENSE........................................................................................................................58 3 6 FINDINGS: REMOTE HEARINGS UNDER COVID-19—THE EXPERIENCE OF LAY USERS 60 A. OVERVIEW ................................................................................................................................................................60 B. UNDERSTANDING REMOTE HEARINGS UNDER COVID-19: THE EXPERIENCE OF LAY USERS .....................61 C. UNDERSTANDING REMOTE HEARINGS UNDER COVID-19: THE EXPERIENCE OF PARTIES
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