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5 January, 2021 Open access

Facilitating remote attendance at tribunal hearings is default position ‘whether backed by regulations or not’, says Lord Chief Justice

As third national lockdown starts in England, Lord Burnett confirms that no one will be required to attend a tribunal unless it is necessary in the interests of justice

Facilitating remote attendance at tribunal hearings is the default position 'whether backed by regulations or not', the Lord Chief Justice of England and Wales Lord Burnett has said.

Following the announcement yesterday of a third national lockdown in England to contain the spread of coronavirus (COVID-19), the Lord Chief Justice has issued a message highlighting that the courts and tribunals must continue to function, and that HM Courts and Tribunals Service will put in place precautionary measures in accordance with Public Health England and Public Health Wales guidelines to minimise risk.

However, Lord Burnett adds - 

'The significant increase in the incidence of COVID-19 coupled with the increase in rates of transmission makes it all the more important that footfall in our courts is kept to a minimum. No participant in legal proceedings should be required by a judge or magistrate to attend court unless it is necessary in the interests of justice. Facilitating remote attendance of all or some of those involved in hearings is the default position in all jurisdictions, whether backed by regulations or not.'

The Message from the Lord Chief Justice is available from judiciary.uk