Dear members and colleagues,
I promised an update following the virtual Council meeting which took place on 30 March. I am pleased to say that Council was at full complement and that all issues reported here were discussed at some length.
One of the challenges that we, as Costs Lawyers, are facing is knowing how to approach listed hearings.
Last week, I referred to the Ministry of Justice (MoJ) guidance published on 20 March, which gave basic guidance in that we should be ‘proactive’ when considering forthcoming hearings. The document identified three options open to the court: remote hearings, limited in person appearance, or that the case would be adjourned.
It goes on to say that, if a remote hearing is ordered, the technological method to be used will be shown in the cause list. It deals next with the remote hearing itself and then the preparations for the same.
All well and good on a basic level, but the vast majority of us will be proactively managing cases already listed, meaning we have no idea who is responsible for setting up the hearing nor the technology to be used.
A case in point – an oral hearing following a provisional assessment seized of a particular district judge, listed for 20 April. The opponent is a litigant in person who has, so far, failed to provide a contact number and the court has yet to respond in relation to the set-up.
We are all going to have anecdotal stories like this, which it is incumbent upon us to share. I reiterate the plea made in my earlier letter to members to use the ACL forum and other lines of communication to pass on information which is vital to the smooth running of the judicial system.
Some of you may think the last sentence a little extreme given that we are dealing with, at a basic level, recovery of money. This is not a high priority in the great scheme of things, one could be forgiven for thinking. So some of you may be surprised to know that provisional assessment is classed as a category 2 priority, as indeed are any oral hearings or appeals arising therefrom. This is according to HM Courts and Tribunals Service’s (HMCTS) daily operational summary, which identifies 25 categories. Clearly money makes the world go round and the future uncertainty in relation to the economy will have had something to do with this prioritisation.
HMCTS aim to update this summary daily at 9am, and I would urge you to monitor it here.
Monday 30 March was a momentous day. Also published was a list of courts that are either open, staffed (so not open to the public) or suspended (i.e. closed). You can see the list here.
There appears to be no guidance at the moment as to whether those hearings at suspended courts will have been transferred, nor whom you contact to find out. It may be that there is a member out there who has already received an email from a proactive suspended court advising of the closure and providing them with the guidance they so desperately need. If you are out there, please come forward and share!
Sadly, Council made a unanimous decision that the annual conference, scheduled for June in London, should be cancelled. I am sure you do not need me to spell out the reasons for this decision when the safety of individuals is first and foremost in peoples’ minds. We are in negotiations with the venue to minimise any losses.
We are reserving judgment at this moment as to what we will do about the November conference in Manchester. A decision on that will be dictated by the cancellation deadline and any financial issues arising relating to it.
Hand-in-hand with that decision came consideration of our position in respect of CPD. We are grateful to Kate Wellington and her team at the CLSB for the work they have already done in relation to CPD and, of course, the requirement (or otherwise) for CPD is ultimately not within the ACL’s gift or that of the CLSB. It remains the province of the Legal Services Board. What I can say is that Council as a whole is committed to ensuring that every member will have the opportunity to take part in CPD-accredited distance learning.
Finally, I would encourage each and every one of you to take the time to browse some of the excellent blogs that are available. I would recommend particularly the most recent Gordon Exall and Kerry Underwood blogs and Litigation Futures as being up to date, informative and as accurate as they can be.
The watchword as ever to you and yours – keep well, stay safe and carry on.
Claire Green