First ever Upper Tribunal hearing by Skype

In a remarkable display of resilience and adaptability in straightened times, the Upper Tribunal (Lands Chamber) has pioneered its first hearing by Skype for Business.

First hearing by Skype in Upper Tribunal

Wayne Clark and Oliver Radley-Gardner appeared in the Upper Tribunal’s first ever online hearing on Friday 20 March 2020. The case concerned interim rights under the Electronic Communications Code.

More hearings are already being dealt with in this way in the coming weeks, at present only in cases where no live witnesses are to be called.

Falcon Chambers report the following process:

1.  The Tribunal will notify the parties that the hearing is to be via Skype For Business. This will involve emailing a link to a Skype for Business meeting.
2. For machines running Windows, it is sufficient to accept the invitation and click on the link and join. For Apple computers, Skype for Business can still be downloaded and advocates can join as “guests”, following the prompts given in the invitation. Though it is not clear whether it is essential, it appears advisable for Apple users to have the Skype for Business app downloaded before the hearing.
3. After entering the call by following the prompts, one has to click on the microphone and camera icons to activate sound and video.
4. Please note however that the quality of ordinary domestic broadband means that those using such internet services may find that the audio and video quality of the hearing is uneven. 
5. This was a hearing without cross-examination.

Remote hearings in Upper Tribunal (Lands Chamber) 

A review of the cases listed for 25 March 2020 at the Upper Tribunal (Lands Chamber) showed however that the cause list has not been updated since 19 March 2020, so there are clearly still some issues to be dealt with. According to Falcon Chambers, the Tribunal is still listing full trials with live evidence as live and in person, however it appears very likely that (in view of the message from the Lord Chief Justice to judges in the Civil and Family Courts of 19 March 2020), if they do proceed, they will do so as remote hearings.

The listings at the Rolls Building as a whole for 25 March 2020 showed that, not a single hearing was being held in person. There were 9 hearings by Skype, 7 telephone hearings, 3 judgments handed down by email and one Remote hearing via LoopUp. We understand that Zoom is also being used.

Insolvency petitions adjourned

On 24 March 2020, the hearing of all insolvency petitions was adjourned generally with permission to restore after 18 June 2020.