Thursday, 7 October 2021

Remote hearings in the TCC

In September 2021, further guidance was issued about virtual hearings in the TCC (and Business and Property Courts). For all hearings under half a day,(including adjudication enforcement) the default position is that they will take place remotely. The court will consider a live hearing in such cases only if there is a particular reason why an in-person hearing was more appropriate. The approach for longer hearings and trials will, whilst parties will be asked to express a preference, be a matter for the judge on the facts of each case. The guidance noted that remote and hybrid hearings may cover a full menu of options, from proceedings that are fully remote and accessible live to anyone who is in possession of a link, down to proceedings to which remote access is afforded to a single participant, everyone else being in court. Finally, the guidance noted that for: “the foreseeable future, the default format for bundles will be electronic bundles.”

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