Many governments have moved to impose restrictive measures that force many organisations to work remotely in order to minimise the risk of spreading the new coronavirus. Courts are among those that have experienced a rapid change in working conditions and have had to adjust accordingly.
ITR spoke to the Court of Justice of the European Union (CJEU), the UK Supreme Court (UKSC) and the Federal Court of Australia (FCA) on the changes arising from COVID-19 to gauge the impact of the new circumstances and if COVID-19 would present any changes to their operations.
All three courts noted that the immediate changes were being managed and their normal operations continued with minor concessions.
The UKSC said that it is using video link technology to allow the court to operate key functions, such as the hearing of cases and delivery of judgments, virtually. The court said that it is focusing on maintaining its core work, albeit through a different medium.
“Of course the court hearings and the live streamed videos look different to our usual output, but we hope that they will serve as a satisfactory record of proceedings,” said a UKSC spokesperson.
However, uncertainty remains over how courts will deal with the impact of potentially extended restrictions.
“It is difficult to predict, at this stage, what the long-term effects will be on the court’s operations but judges and staff are doing their best to deal with matters in a timely manner, notwithstanding the profound impact of the pandemic,” said a spokesperson from the FCA.
The most likely change is that there will be delays to certain operations within the court. While the come courts seem to have had success in using technology to overcome the restrictions, the CJEU stated that some of their timeframes are being impacted.
“Hearings are having to be postponed [because] they would usually require lawyers to travel and judges to assemble in a courtroom. As soon as the restrictive measures are eased, the priority of the court is to hold the hearings that were delayed. There will be some inevitable delays in some cases,” said William Valasidis, director of communications at the CJEU.
The FCA has also introduced a string of special measures to ensure it continues to function throughout the COVID-19 constraints. The court is establishing a triage process for newly-filed matters to prioritise the most urgent, which will consequently mean that some pending cases will be put on hold or take longer to resolve.
All courts agreed that the biggest obstacle they are facing is ensuring that matters continue as usual. Nevertheless, some courts will have been prepared for a crisis following the experience of similar situations.
The CJEU had developed its crisis management scheme since the mid-2000s, spurred on by the spread of severe acute respiratory syndrome (SARS) and the avian flu. The court had also introduced a mobility programme, which meant that when restrictive measures were imposed more than two-thirds of CJEU staff had teleworking conditions.
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Courts have swiftly adapted to remote working conditions, but the longer-term effect of COVID-19 is harder to predict and prepare for. Courts, alongside businesses, may struggle to operate with prolonged restrictions.
