By Jemma Slingo2021-03-15T12:09:00+00:00
New advocates risk losing ‘the inherent sense of how to behave in court’, the chancellor of the High Court has warned, saying formality must be maintained in online hearings.
Sir Julian Flaux said the profession needs to ‘guard against unintended consequences of informality’ as it considers whether to adopt remote hearings permanently. In a speech at the Chancery Bar Association, Sir Julian noted that barristers now take instructions via WhatsApp during proceedings; that parties speak more freely among themselves; and that litigants in person are behaving less appropriately.
‘To talk about the dignity of the court probably sounds self-regarding and maybe even a little pompous. But an element of formality in a courtroom is important, and serves to demonstrate the seriousness of the decisions being taken. Particularly in cases involving individuals and the economically disadvantaged, the outcome of a hearing can, and frequently does, have life changing consequences,’ Sir Julian said.