Careers
commends paras 5 and 6 of the Commercial Bar Guidance Note on Remote Hearings: ‘5. It is appreciated, of course, that the pandemic will have differing impacts on individual hearing participants, in particular those with caring responsibilities and/or without access to a sufficiently quiet or neutral location in which to participate in the hearing. 6. If you or your client are affected by these issues and they are likely to interfere with your ability (or the ability of other hearing participants) to participate in the hearing, you should raise them as soon as practicable. In the case of an interlocutory matter that is listed for hearing, the issues should be raised straightaway by contacting Commercial Court Listing … giving precise details of the case and the hearing date. Listing will then put the matter before a Judge at the earliest opportunity. In the case of a trial, please do the same. If there is a forthcoming pre-trial review, the Judge may decide to deal with the matter then. COMBAR is confident that the Judges of the Commercial Court appreciate the need for these matters to be treated with sensitivity.’ The future holds a significant risk over a prolonged period to the practices of those with shielding and caring responsibilities who are unable to attend court. In my view, this risk can be minimised by clear judicial leadership and guidance as to the listing and conduct of cases, and the Western Circuits’ recommendation to continue to ‘Consider the Carers’ and ‘Consider the Shielders’ at the point of clerking, listing, interim and full hearings.
The financial impact of the pandemic on women is disproportionate and introducing extended hours will also impact them detrimentally. We must continue to build a diverse profession and not lose the great gains we have made through the various associations and initiatives to support women at the Bar. The proposed Nightingale Courts will inflict enormous damage on these developments; instead allow women to be Florence Nightingales by carrying out their work as barristers but with the essential flexibility needed. ■
Sally Penni MBE
Barrister & Founder of Women in the Law UK Women in the Law UK is intended to inspire, support and connect. It addresses issues of retention, wellbeing and career progression and advancement through professional development education and training. You can refer to the website for over 109 webinars and workshops during COVID 19 empowering lawyers and young women. www.womeninthelawuk.com Congratulations to Sally Penni MBE who was recognised in the Queen’s birthday honours list for services to diversity in the workplace, social mobility and law.
We have partnered with the Scottish Department of Justice to offer two of our cinemas as temporary courtrooms during the week, to help ease their current backlog of cases. This means that ODEON Edinburgh Fort Kinnaird will operate on reduced hours from 21st September and ODEON Braehead from 5th October.
The Scottish Solution to COVID-19 Jury Trials
W
e’ve all been longing to see new films but the latest venture by Odeon cinemas is hosting juries for the back-log of Scottish trials with social distancing. The fifteen person jury required in Scotland is chosen in the original court location but then moved to cinema auditoriums with technology to enable them to see the trial from a safe distance, in the comfort of a cinema seat. Different screens ensure views of the judge, defendant, prosecuting and defending counsel. So far two cinemas only have been used, but the Scots government has earmarked a significant sum of money for the implementation of this innovation, which it expects
to widen to other areas, to ensure that trials carry on without the risks of close contact in normal courts. Lord Justice Clerk, Lady Dorrian, chairs the Restarting Solemn Trials Working Group which developed this innovative solution of using cinemas and has also identified changes required to legislation and to rules of procedure to allow the appropriate use of digital solutions. Could this indicate a new use for the cinemas in England and Wales which have been closing? ■ LegalWomen | 29
