DDLS plays key role in setting up civil users contact group to allow direct access to the Judiciary during these strange times.
Believe it or not, it has now been over 10 weeks since the Prime Minister ordered businesses to close and our pubs, restaurants and shops fell silent. Whereas we are now slowly and cautiously beginning to emerge from the most severe limitations placed on our civil liberties in peacetime (and, certainly, in our lifetimes), when this all began law firms had to adapt almost overnight to home-working and to the inevitable downturn in business brought about by the uncertainly of the pandemic. Whilst terms such as “social distancing” and “furlough” were alien to us when we welcomed in 2020, they are now commonplace and much understood. It is the new normal and is likely to be the case for the foreseeable future, with the government’s message still “work from home if you can”.
Arguably one of the most fundamental questions for those involved in litigation was how the court system could continue to function when face-to-face hearings would, by and large, not be possible. It was recognised quite quickly that many of the court buildings were simply not designed for social distancing. Hearings in Chambers would be impossible and, even where “in-out” systems could be put in place, there would be problems with narrow corridors, cleaning and the use of communal facilities. These considerations of course only apply to the “public-facing” parts of the courts, which still have to staffed by very committed key-workers working in extremely difficult and, perhaps, lonely conditions. In some cases, the government’s interventions likely lightened the strain. Practice Direction 51Z, for example, stayed many possession hearings and Section 82(1) of the Coronavirus Act 2020 placed a moratorium on commercial evictions for non-payment of rent. Both of these provisions will be in place until the end of June, unless they are extended. Nevertheless, it still felt like a very uncertain and worrying time for many.
Some of the anxiety being felt by local practitioners was likely lessened by an invitation by the Designated Civil Judge for Nottinghamshire, Derbyshire and Lincolnshire, HHJ Godsmark QC. DDLS were invited to assist in forming a “civil users contact group”, which would meet on Skype on a fortnightly basis to discuss what steps the Judiciary were taking to try and navigate the operational issues around allowing the courts to function during the pandemic. That group has been up and running since early April. The meetings, chaired by HHJ Godsmark and HHJ Coe, have been very useful in opening up a line of communication between the Judiciary and local practitioners in and around the Derbyshire area. 11 firms currently participate and have been sharing information in and around the local community.
If you would like to either raise questions, or be sent details of what has been discussed, please let Julia Saunders know. Better still, if you want to be involved, please likewise get in touch with Julia and DDLS will look to get you an invite. The meetings are usually every other Wednesday at 5pm.