Message from the New PIBA Chair

The very first thing I should do is thank and pay tribute to my predecessor, Darryl Allen QC, for his leadership over the last two years, and in particular his very public leadership and investment of time over the last few weeks.  And the second is to thank Sarah Crowther QC for stepping up to be Vice Chair alongside me for the next two years.
 
Thank you too if you were able to attend our virtual AGM on Monday.  It was interesting to see that we had more people logged in this year than typically remain for the AGM on a Saturday afternoon in the lecture theatre at Catz during the Annual Weekend.  Perhaps something to consider for next year.
 
As I said at the AGM, it is sobering to note that PIBA has just turned 25 years old - formed in 1995 in response to the introduction of CFAs which, at the time, were feared to be the greatest threat to its existence that the PI Bar had ever faced.  Now, aged 25, we’re facing other threats, but I am convinced we will work through them.
 
If you were unable to attend the AGM, I am emailing to let you know what PIBA is doing, and will do.
 
Action in the short term
 
(i)  Covid-19 and the Courts lockdown  
 
Now that we have got over the immediate shock, and can see that different courts are in different ways revising their systems and trying to work out what they can still do, our priority will be to try to keep as much PI work as possible going.  
 
I fully recognise the concerns articulated by some PIBA members and some in the judiciary that HMCTS might use success in “coping” with remote hearings now to drive through a programme of closing courts, reducing judicial numbers still further, and replacing in-person hearings with remote ones when we get back to “normal”.  Judicial concerns are beautifully expressed by an anonymous family judge here:  http://www.transparencyproject.org.uk/remote-justice-a-judges-perspective/   I agree with those.  The successful undertaking of a remote commercial trial, widely publicised by those who were involved, does not for one moment mean that justice would be done in many of the sort of cases we do, if they were to be tried by video-link.
 
But there were already many aspects of our interlocutory work which were done by phone, and many more could be by phone or video.  With careful thought and pre-planning, we would expect that, at least in the interim, most applications and CCMCs could be.  Also Stage 3 assessments and the more straightforward of the Fast Track trials.  And, where the parties can agree and technology permits, some of the more complex hearings and trials.  We recognise that PIBA members will want as much of our work as possible to continue.
 
To that end, I’ve written to all the DCJs to ask that PIBA is kept updated with their local directions and announcements.  We will share that information as a resource on the PIBA website.  We have offered to them all that we will engage in trying to set up workable protocols to keep our cases going through the Courts.  Not all have yet responded, some have warmly, some lukewarm.  We will keep you updated.  
 
I am inviting PIBA members to give us feedback from next week, through our Circuit Reps, about how local Courts are working in PI cases, and suggestions for improvement.
 
Those Circuit Reps are: