Preventing ‘wrong and unjust’ outcomes in email court orders

Preventing ‘wrong and unjust’ outcomes in email court orders

The Law Gazette has recently reported on one family case where a rapid online exchange led to a ‘wrong and unjust’ outcome.

Since the pandemic began last year, there has been a shift to remote courts to hear family cases, either using telephone or videoconferencing software. In many occasions this has been successful, however the shift in working continues to be monitored to ensure it is fair and just.

The Court of Appeal found recently that an order was ‘wrong and unjust for serious procedural irregularity’.

Jackson LJ said the appeal illustrates problems that can arise when rapid email exchanges are used to make applications and orders. The Court of Appeal was clear in underlining that all applications should be treated with equal scrutiny and procedural fairness.

‘This process fell short of what is required in a case concerning the futures of four young children.’