Newly-appointed Chancellor of the High Court of England and Wales, Sir Julian Flaux, has given his preliminary thoughts on the road ahead in terms of remote hearings, including the types of hearings that are likely to suit a remote hearing and those that will not. He also flags the need to guard against ‘the unintended consequences of informality’ as the court starts to think about the long-term use of remote hearings.

As we approach calmer waters, Sir Julian said that the time has come to take stock, commenting: “We all want to retain what we see as improvements to the system, and the advantages offered by remote and hybrid hearings. And an open and adaptable approach to remote and hybrid hearings would only enhance the English court’s existing reputation as one of the leading centres for international business dispute resolution.

“The experiences and opinions of this audience, and of all B&PC (Business & Property Courts) practitioners and regular court users must be actively sought and taken into account as part of this process.”

However, he warned that the Court must not lose sight of the benefits of many of the formalities attached to the court-based system that has existed for so many years and said: “We have all experienced the informality that can creep in when we are conducting cases from our kitchen tables or studies. We have had to become tolerant of those interruptions: bad WiFi connections, rings on the doorbell, noises from others in our family or barking dogs. Counsel taking instructions via WhatsApp and parties speaking more freely among themselves or litigants in person, perhaps feeling disinhibited and behaving less appropriately, or even on a more mundane level having to remind those who are not speaking to put themselves on mute to avoid feedback, can be distracting for the judge and participants.

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