Q&As

A key witness (factual and/or expert)/counsel/instructing solicitor is unable/unwilling to travel to and/or attend court due to the risk of coronavirus (COVID-19), what steps should we take?

read titleRead full title
Copyright © 2025 LexisNexis
Produced in partnership with James Tunley of Lamb Chambers
Published on: 20 March 2020
imgtext

At present, HM Courts and Tribunals Service have confirmed that, generally, the business of the courts and tribunals is continuing. The guidance is that as long as court users do not have confirmed or possible coronavirus (COVID-19) infection or do not need to self-isolate in line with the National Health Service advice, they should continue to use the courts as usual. In the event that they are unable to attend either due to illness or the need to self-isolate, they should contact the court.

Can the hearing proceed in the person’s absence?

The first point to consider is whether the hearing can proceed without whoever is unable to attend. Depending on the notice given, it may be possible to find alternative counsel or to set up telephone/video-conferencing arrangements, which is something that has been advocated by the Lord Chief Justice.

For further guidance, see Practice Notes:

  1. •

    Remote and hybrid hearings

James Tunley
James Tunley

Lamb Chambers

James is a barrister (called to the Bar in 2005) specialising in employment, commercial and contractual disputes, professional negligence, personal injury and professional regulatory and disciplinary work. He has particular expertise and a wealth of experience in employment law, appearing for both claimants and respondents in the Employment Tribunal and the Employment Appeal Tribunal at all stages of proceedings and in all areas of employment law including unfair dismissal, discrimination, victimisation, trade unions, TUPE, breach of contract, and wages claims including the operation and enforcement of the National Minimum Wage Act 1998. He also has experience in contractual disputes, mostly in the employment context, and professional negligence in the context of the provision of legal advice and services. James has delivered seminars and training on a range of topics including enforcement of judgments, negligent misstatement and the National Minimum Wage Act 1998. He is a tenant at Lamb Chambers.

Read moreRead more
Powered by Lexis+®
Jurisdiction(s):
United Kingdom
Key definition:
counsel definition
What does counsel mean?

a barrister;

Read more readmore

Popular documents

Witness statements—substantive content

Witness statements—substantive contentThis Practice Note provides general guidance for drafting witness statements of fact under CPR Part 32 in civil proceedings. In particular, it deals with what should be covered in witness statements and the courts’ approach to them, using the witness’ own words

Disclosure—redaction

Disclosure—redactionThis Practice Note looks at the redaction of information in disclosure in civil proceedings. It considers the reasons for redacting documents, such as to maintain confidentiality/privilege and avoid irrelevance, the information that can be redacted, the courts’ approach to

Witness summons

Witness summonsThis Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your matter is proceeding, additional provisions may apply—see further in the section: Court specific guidance.Where a party to proceedings

Browne v Dunn and the duty to cross-examine in international arbitration (P v D)

Dispute Resolution analysis: In a rare successful application to set aside an arbitral award made in an ad hoc arbitration for serious irregularity under section 68(2) of the Arbitration Act 1996 (AA 1996), the High Court found that a failure to cross-examine a witness on a ‘core issue’ left the