CEL COURT HEARING NOW BEING HEARD OVER TELEPHONE DUE TO COVID 19 PANDEMIC.

ncw2509

Thanks - Ive got Practice Direction 23A - but not sure if para 6.4 will be the best to quote TIA

D_P_Dance

IMO it is not.  Para 6.4 refers to hearings under Para 6.2,  which this is not. 

Fruitcake

You must object to this as it puts you at a distinct disadvantage especially if the lay rep does not live with you. I have no idea how to set up a conference/three/four way call and I suspect many other people are in the same position. 
There may be problems with privacy, disruptions, and interruptions from other household members, pets, deliveries etcetera.
The voice/sound quality may not be good enough either as well as possible loss/interruption of the 'phone connection.

nosferatu1001

The court will be setting up the conference call. But either way, significant disadvantage Easy. 

D_P_Dance

I suppose one can always say that one cannot hear what is being said, keep asking for stuff to be repeated, introduce whining noises etc.  I would never agree to such an arrangement.  

ncw2509

Ok,  just contacted the court and they said to put my request in an email so that the judge can consider it!!
Just about to send this email to them now, but would really like to include the CPR para to quote - If anybody can guide me in the right direction as I really need to get this sent in today before next Wednesdays proposed hearing. Im paging through the CPR, but can't find anything which clearly states the right for a face to face hearing!  TIA

Fruitcake

If the lay rep can't come to your home you will need to print an extra copy of everything already submitted. This may not be possible if you do not have access to a copier or colour printer. It will add costs and it may not be possible to physically get it to the lay rep in time if neither you nor they can leave home.

nosferatu1001

Just write something in bullets, and do it *now*. 
The CPRs are not !!!!!! efffective here as your right to a proper hearing. State you do not want a telephone hearing and you request a hearing in [person due to...

Fruitcake

Can you get a member of the media to request access to the remote hearing in private? Do you know any jouirnos that would do this?

116th PD Update to the Civil Procedure Rules

Practice Direction on Video or Audio Hearings in Civil Proceedings during the Coronavirus Pandemic

New Practice Direction 51Y

"...confirm that the court may not conduct a remote hearing in private where arrangements can be made for a member of the media to access the remote hearing. It makes clear that in such circumstances the court will be conducting the hearing in public;"

I can't see anything that catagorically says you are entitled to a public hearing, although these new measures are all at the court's discretion. 
I think you are back to stating to the court the reasons why this is impractical and unfair, especially with regards to produceing extra copies of everything and somehow getting it to the lay rep.

D_P_Dance

 although these new measures are all at the court's discretion. 

They may not even be lawful.  Boris thought he could perogue Parliament.