Appeal rejected over the fairness of a hybrid hearing when Barrister cannot be present in person
Considering fairness in family courts when the leading counsel cannot be physically present because she is required to shield.
Hybrid hearings are being increasingly used by family courts during the COVID-19 pandemic. In a hybrid hearing, the court uses a mixture of modes of attendance at court: some court users are present in person and others are present remotely using videoconferencing technology such as Skype, Microsoft Teams or Zoom.
In this case, a mother has lost appeal over a judge’s decision to continue a fact-finding hearing later this month in care proceedings. The mother disputed the fairness of the proceedings as her leading counsel was required to shield from the COVID-19 infection and could not be physically present.
Mr Justice Williams in the Family Division of the High Court had already taken a substantial amount of expert evidence remotely. It was decided, with the agreement of all parties, that the remaining lay evidence would be given live in court and mother’s appeal was rejected.
The full article is accessible here at the Local Government Lawyer - Child Protection website.