Fast-Track Trials in The Virtual Courtroom
Park Square BarristersI have had a Fast Track trial via Skype, the Court used Skype for Business (SfB). Initially I had some reservations about the technology being reliable and suitable. One of my major concerns was ensuring that all parties could follow the proceedings and importantly follow the questions or submissions.
Below is a short checklist which may assist practitioners based upon my own experience:
- Work with solicitors and listing to see whether your case is suitable for a trial via SfB (or other platforms such as Microsoft Teams etc); i.e. does your case have multiple medical experts whose attendance is required? Is it document heavy with a large literature bundle? Can bundles/scientific literature be condensed by agreement?
- Counsel may be required to take an active role in reviewing the bundles and working out what is needed, and what is not, before the same is filed with the Court. Consider using hyperlinks, Dropbox etc.
- Prior to the hearing the Court will send an e-mail containing a link for the trial to join via SfB (it was simple enough to use and download).
- To stop any echoing – you and others can, and should, mute your microphone when others are speaking.
- Have a plan B in the event your internet goes down, do you have another method to ensure that the trial can go ahead? Give yourself ample time to consider what your other options or back ups are.
- Prior to your trial ensure the Claimant/Defendant/expert/other witnesses have access to the bundles.
- Ensure your witnesses have been sent the SfB link from the Court (sometimes goes to their junk folders).
- Consider using one device for SfB/another platform and one device for your electronic bundle (and make sure both are charged or are plugged in).
- Log in 5 minutes before the start time to iron out any connection problems etc.
- Find out who your opponent is beforehand and speak to them, it will help narrow the issues and ensure you can have sensible discussion about how it may work.
- Have a test run and hold your normal pre-trial conference with your solicitors/experts using SfB.
- Be prepared for the trial even if it is likely to be vacated. Sometimes you find out the day before if it is going ahead or not.
- Familiarise yourself with the technology, this way you can assist your witnesses/solicitors and make them feel comfortable.
- Ensure you are sitting in a location where everyone can see you clearly and there are no distractions for you/the Court.
- Be comfortable, (you do not want to appear fidgety, which can be very distracting).
- Normal Court etiquette, however, if you cannot hear the judge/counsel or witness make it clear asap.
Finally, give yourself a chance to digest the helpful guidance from our circuits, the designated civil judges and the inns of court. Park Square Barristers are also able to provide a one-page witness guide to remote hearings to assist witnesses upon request.
Amrit Singh Atwal is a barrister at Park Square Barristers, to view his profile click here.