15 June 2020
For The Urgent Attention Of All Court Litigators
New Updates From The Office Of The Lord Chief Justice
The Office of
the Lord Chief Justice (OLCJ) has forwarded details of the following:
1.
An updated summary of Business Recovery Plans
2.
(a) Revised
Guidance for the Family Care Centre (FCC) Recovery Plan
(b) Revised Guidance for Family Proceedings
(All Court Tiers)
(c) Updated lists
for the administrative review of the Family Care Centres at Belfast and Craigavon and
the Family Proceedings Courts at Ards and at Lisburn
3.
Updated Guidance for Crown Courts and Criminal
Cases
Colleagues are advised to REGULARLY monitor the Coronavirus section of
the website of Judiciary NI - https://judiciaryni.uk/coronavirus-covid-19 and the Society's e-Newsletter –
E-nformer.
1.
An overall summary of Business Recovery Plans as updated to 12th
June 2020 has been published.
This replaces the previous version. The summary
provides a snapshot in relation to business recovery in all court tiers,
setting out work that
(i) is continuing to
be done
(ii) the courts aim to
do
(iii) the courts cannot
do yet
The summary is
downloadable by clicking here
2.
(a) Revised
Guidance for the Family Care Centre (FCC) Recovery Plan.
Revised Guidance to the
Family Care Centre (FCC) Recovery Plan which was originally issued on 22nd
May 2020 has been updated on 11th June 2020. This is downloadable by clicking here
(b) Revised Guidance for Family Proceedings (All
Court Tiers) was issued on 12th June 2020.
This revokes and replaces the
guidance note for family proceedings issued on 12th May 2020. This is
downloadable by clicking here
(c) Cases listed in the Family Care Centres at
Belfast & Craigavon and in the Family Proceedings Courts in Ards and in
Lisburn.
Members should
check these lists (see below) as a matter of urgency to see if they or a
colleague in their office has a case which appears thereon and if so they
should make contact with a representative of the other parties involved in the
litigation or case and action as required.
Given the
difficulties presented by the current pandemic, it may be that one or more
of the legal representatives is currently unavailable due to furlough or
otherwise in which case you may wish to contact one of the principals in that
office.
Family
Care Centres – Belfast and Craigavon
Guidance issued by the
Office of the Lord Chief Justice, updated 11th
June, set out plans for administrative reviews of Family Care
Centre (FCC) cases. Separate, more detailed guidance, should be consulted
for Family Proceedings (all tiers) and for Family Care Centre (FCC)
Recovery - these are reviewed and updated regularly.
The family judge for each Family Care Centre
has identified the cases which are to be reviewed, AND REQUIRE YOU TO
LODGE THE REQUISITE FORM FOR EACH CASE by the return date given
below. Forms must also be completed setting out the reasons where the
parties seek an adjournment.
Representatives should identify their cases
from the lists below, and collaboratively complete
and lodge Form FCI1 for each by email to the relevant
court office by 19th June 2020.
It is essential that the forms are completed as comprehensively as
possible to narrow the issues to be determined by the judge. It would assist
the office staff and the judges if electronic copies of any documents relied
upon or referred to in the FCI1 form were attached to it on submission. Email
addresses for court offices can be found in Annex A. The
subject line of your email should state ‘FCC Review’.
Family
Proceedings Courts – Ards and Lisburn
Guidance issued by the
Office of the Lord Chief Justice on 12th and 22nd May set
out plans for administrative reviews of Family Proceedings Courts
(FPC). Separate, more detailed guidance, should be consulted for Family
Proceedings (all tiers) and for Family Proceedings Centre (FPC) Pilot :
Ards & Lisburn - these are reviewed and updated regularly.
Representatives should identify their cases
from the attached lists, and collaboratively complete
and lodge Form FCI1 by email to the relevant
court office by 19th June 2020.
It is essential that the forms are completed as comprehensively as
possible to narrow the issues to be determined by the judge. Where no form is
received from either party the case will normally be adjourned to a fixed date.
Email addresses for court offices can be found in Annex A. The
subject line of your email should state ‘FPC Review’.
During
week commencing 29th June 2020, the judges involved with
each of the above courts will review the forms received, together with any
relevant documents lodged, and determine whether each matter can be dealt with
administratively or will require a hearing. Where the judge determines a
review hearing is required the parties will be notified of the arrangements.
Orders / Directions will be available via ICOS as normal.
Judges will continue to hear
urgent matters, those where the parties have agreed a way forward, or those
where the legal representative or a party to the proceedings has requested a
review / hearing and the judge considers it appropriate, where the
representatives have lodged forms clearly setting out the circumstances, as per
the Lord Chief Justice’s earlier guidance.
Any
queries regarding the administrative reviews should be directed to the relevant
court office.
3.
Guidance for Crown Courts and Criminal Cases – revised 12th
June 2020 to include reference to Extradition
Guidance issued by the Office of the Office of
the Lord Chief on 5th June and revised on 12th June now
includes the following paragraph in relation to Extradition:
“The County Court is endeavouring to deal with
extradition matters as expeditiously as possible, and judges will list cases
for hearing if they determine, after receiving any submissions from the
parties, that a case is suitable for hearing by remote link.”
This can be found on page 2 of the updated
Guidance which can be viewed by clicking here.