Attending court hearings remotely

This is a practical question that comes up frequently, and the answer depends on the type of hearing, the court or tribunal involved, and the specific circumstances.

General position:

Courts and tribunals in England and Wales have broad powers to allow parties, witnesses, and legal representatives to attend hearings remotely by video or telephone. This has been the case for some time but was significantly expanded during the Covid-19 pandemic, and remote attendance has remained a common feature of court practice since then.

The legal framework:

The Courts Act 2003 (sections 51 and 52) provides a general power for courts to use live video and audio links. In civil proceedings, the Civil Procedure Rules (CPR) and associated practice directions give judges discretion to direct that hearings take place remotely or in a hybrid format. In the family courts, similar provisions apply. In criminal proceedings, there are specific statutory provisions and Criminal Procedure Rules governing when remote attendance is permitted, particularly for defendants, where additional safeguards apply.

What typically happens in practice:

1. Many procedural, case management, and directions hearings are now routinely conducted by video (usually on the Cloud Video Platform, known as CVP, or Microsoft Teams) or by telephone.

2. Substantive hearings, including trials, are more likely to take place in person, though even here the judge may permit some participants to attend remotely in appropriate cases.

3. In some tribunals, particularly the First-tier Tribunal, remote hearings by video have become standard for many types of case.

How to request remote attendance:

If you want to attend a hearing remotely rather than in person, or if you have been directed to attend in person but have good reason to request a change, you should contact the court or tribunal as early as possible. The usual approach is to write to the court setting out your request and the reasons for it. If the hearing has already been listed, you may need to make a formal application, which in civil cases would be under Part 23 of the CPR.

Common reasons for granting remote attendance include distance from the court, health or disability, caring responsibilities, or the nature of the hearing being purely procedural.

Points to be aware of:

The decision is ultimately one for the judge. There is no automatic right to attend remotely, and the court will weigh up fairness, the nature of the hearing, the views of the other parties, and the interests of justice. For trials and contested hearings, judges may prefer in-person attendance, particularly where credibility of witnesses is in issue.

If you are a defendant in criminal proceedings, the rules are more restrictive. You generally have a right to be present in the courtroom for your trial, and remote attendance for defendants is governed by specific provisions and requires judicial approval.

If a hearing has been listed as remote:

You will usually receive joining instructions from the court, including a link or dial-in number. Make sure you test any technology in advance, attend from a quiet private location, dress as you would for court, and treat the hearing with the same formality as an in-person appearance.

If you can tell me more about the type of case, court, or hearing involved, I can give you more tailored guidance on what to expect and how best to make your request.