The outbreak of coronavirus is causing major disruption to many individuals and businesses. In this article Gordon Simpson, a Director in our Dispute Resolution team, looks at the impact on Civil Court proceedings.
1. Are Civil Courts still operating following the coronavirus outbreak?
The essential business for County Court and Business and Property Courts continue. The Courts are taking steps to minimise any risk to users and Court staff. Following the further restrictions on movement announced by the Prime Minister on 23 March 2020, HM Courts and Tribunal Service are likely to review whether Courts should remain open to the public.
2. Are Civil Court hearings going ahead?
Guidance published on 20 March 2020 was that Court buildings remain open but remote hearings involving telephone and video conference should be used where possible. The method by which hearings are conducted is a matter for the Judge. Parties are encouraged to be proactive in agreeing the arrangements for forthcoming hearings. Parties may make written submissions to the Court as to how the hearing should take place. Parties must prepare as if hearings are going ahead, but inevitably some hearings will be adjourned.
3. What should a party do if you have a forthcoming Court hearing?
You should contact the Court to enquire if the hearing is proceeding. Give consideration to whether the hearing can be dealt with remotely. If not, you should ask the Court to adjourn the hearing. You should also consult with the other party as to their intentions regarding the hearing.
4. Can new claims be commenced at the moment?
Yes, Court proceedings can be commenced in the normal way save for residential possession proceedings. Please note on 18 March 2020, the UK Government announced that it will be introducing emergency legislation to Parliament which would prevent landlords bringing proceedings for possession of residential property for at least a three-month period.
5. I have received Court proceedings? Do I have to respond at the moment?
Yes, the Court rules regarding responding to proceedings remain unchanged and the usual timeframes apply. Make sure you acknowledge service of the proceedings. It is possible to agree extensions of time if more time is needed and you should contact the other party to do that, or failing agreement apply to the Court for more time.
6. What if Court proceedings were not received due to, for example, an office closure or self-isolation?
If the proceedings were validly served then the Claimant is entitled to enter judgment if the defendant does not file an acknowledgment of service or defence within the required timeframe. It is possible to apply to the Court to set the judgment aside. Provided the application is made promptly and there is a real prospect of successfully defending the claim the application should be looked on favourably.
7. I am unable to comply with Court deadlines. What should I do?
Court deadlines are very strict and often carry sanctions if they are not complied with. If you require more time you should request an extension of time before the deadline expires. You should contact the other party to reach agreement. In the current climate, as long as you have a good reason for requiring more time, parties will be expected to respond sensibly to requests to extend time. If a party misses a deadline resulting in a sanction, a party can apply to the Court to seek relief from sanctions. This would be subject to a three stage test to include:
Stage 1: Identifying and assessing the seriousness and significance of the failure to comply with the rule or Court Order.
Stage 2: Consider why the default occurred.
Stage 3: Evaluate all circumstances in the case to enable the Court to deal justly with the application.
If your reason for non-compliance is linked to illness or inconvenience due to the coronavirus, then you should provide evidence of this in support of an application which will be taken into consideration by the Court.
8. Where can I find further information or receive regular updates?
The position is under constant review, but for further information please visit:
You may also wish to view our other articles related to the coronavirus outbreak.
If you have any further questions in relation to your existing Court proceedings then please get in touch with a member of our Dispute Resolution team who will be happy to help.
The information on this site about legal matters is provided as a general guide only. Although we try to ensure that all of the information on this site is accurate and up to date, this cannot be guaranteed. The information on this site should not be relied upon or construed as constituting legal advice and Howes Percival LLP disclaims liability in relation to its use. You should seek appropriate legal advice before taking or refraining from taking any action.
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