1 Garden Court

C (Children : Covid-19: Representation) [2020] EWCA Civ 734

This appeal arose from a decision to continue a fact-finding hearing in circumstances where leading counsel for one of the parents cannot be physically present, as she is required to shield from Covid-19. Lord Justice Peter Jackson considered a number of aspects of the right to a fair hearing, arising both out of common law and Article 6 ECHR, and concluded that it is not unfair if advocates are required to cross-examine witnesses remotely, including lay party witnesses. He stated that “there is no reason to downplay the effectiveness of remote examination and cross-examination by a skilled advocate.”

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