Report finds mixed picture for civil justice during pandemic

Civil Justice System’s Pandemic Response presents findings from research on the impact of remote hearings and other measures introduced or expanded during the pandemic on Scotland’s civil justice system.

It collates findings that paint a mixed picture of how remote hearings were received by the profession, with lawyers appreciating their utility but comparing them unfavourably to in-person activity.

Remote hearings were thought to have potential benefits for certain groups of vulnerable court users – such as children and young people with additional needs.

Suggestions for improvement that would help ensure remote hearings, where they are used, function more effectively for parties and professionals included: improving resources (in terms of IT equipment, internet access, and equipment available to support video hearings); developing a ‘triage’ system to determine which mode of hearing is appropriate; taking systematic action to address digital inequality among parties; improving or making greater use of functionality within available platforms; improved advanced information and improved guidance around technological issues and practicalities for parties; greater consideration around emotional support and advice for parties attending remotely; enhanced access to electronic documents for party litigants; and further guidance and/or training for judges and clerks.

The authors told SLN: “We were pleased to work with the Scottish government and SCTS on this project and to be able to add depth and nuance to the ongoing debate about the use of digital technology in the civil courts.

“We conducted in-depth interviews with judges, solicitors, advocates and tribunal members who were at the sharp end of delivering justice online during the pandemic, and for the first time we were also able to include the views of some parties who experienced those online hearings.

“We hope our report will help inform future decisions about the use of technology in the Scottish civil courts and tribunals.”