COVID-19 and Changing Trends in the Legal System

The global crisis of COVID-19 called for dramatic changes and the majority of the workplaces abruptly shifted from physical to virtual operation. As the courts are responsible for ensuring the rights and liberties of people, they embraced technology and most of the legal proceedings - including electronic filing and litigation - are taking place online.

This article deals with the changes brought about by COVID-19 in the legal field, specifically the proceedings of the courts in the UAE and its comparison with the US and UK. With a view to ensure the health of the UAE workforce and the responsibility towards the people to bring about justice, the courts of the UAE took the help of technology to soften the blow of pandemic.

The Dubai and Abu Dhabi courts issued an administrative order, Resolution No. 30/2020 to postpone all the hearings at the court of the first instance, the court of appeal and court of cassation from 22 March 2020 to 16 April 2020. The issuing of personal status documents and certificates, for example, marriage and divorce certificates was suspended. Only the hearing of criminal cases where the accused is detained continued.

Dubai Courts

In Dubai, all the civil cases which include labour, commercial and family disputes at all stages of litigation that had hearing between 22nd March and 16th April were adjourned till further notice. The only exception to this was the cases that were reserved for judgement or were at the stage of final decision. The hearings were to be done virtually.

All the criminal cases where the accused was on bail were adjourned till 16th April. In the cases where the accused was either in detention or in jail, the hearing was done without any delay. The precautionary measures such as arrest applications were ordered to be filed electronically to a summary judge who will then upload his decision electronically.

Even the rental disputes were advised to be filed through an email to Rental Disputes Committee and no physical presence was required either to file or enforce a rental dispute.

Dubai International Financial Centre (DIFC)

The Dubai International Financial Centre (DIFC) Courts were fully operational throughout without any interruption to services through its online digital platforms for case management, e-bundling and remote hearing. For overseas litigants, in the Court of First Instance and Small Claims Tribunal, the hearing would be conducted through a videoconference from 17th March. For litigants located in the UAE, it will be done through teleconference.

It was urged from practitioners to use the e-bundling platform. If they are unable to use it they must obtain permission well in advance for lodging of hardcopy bundles. The documents for Small Claims Tribunal were to be filed electronically as is the practice.

Abu Dhabi Courts

All the civil cases that were filed on or after 23rd March were adjourned for 30 days. Even the cases where the proceedings were going on were postponed for at least 30 days except apart from the cases which were reserved for judgement. The precautionary measures such as arrest applications were filed electronically to a summary judge whose decision was uploaded electronically as well.

All the criminal cases in which the accused was on bail were postponed till 21st April. Cases where the accused was in detention or jail, we’re heard. The court may even give a valid reason and release the accused and postpone the hearing till 21st April. In cases of simple felony or misdemeanour, if found necessary the hearing may be adjourned for a short period of time.

Abu Dhabi Global Markets (ADGM) Courts

The Abu Dhabi Global Markets (ADGM) Courts are fully functioning online without any interruption to its services through the e-Court platform. The priority of AGDM courts right now is to ensure the wellbeing of its community by maintaining business continuity. This is done right now by delivering uninterrupted services at high standards while working remotely.

The USA

The USA has been one of the most hard-hit countries by the COVID-19 virus. It changed not just the lives of people but also affected the legal system. As the number of COVID-19 cases was increasing per hour, the Supreme Court postponed the oral hearing from March-April. The private conference of justices was continued, however, some justices participated telephonically.

People over the age of 60 were excused from court proceedings including jury duty. Some states have completely closed down jury trials. The building of the Supreme Court is still closed to the public until further notice. The official work will continue and the judges and counsels will participate remotely through the telephonic conference. The courts of Washington and California cancelled all hearings for at least a week.

Different District Courts are taking measures that suit them the best. For example, in the Northern District of Alabama, a General Order dated March 17 authorized the use of video and audio mode to conduct criminal proceedings. This was later modified and now judges have the authority to determine when to conduct an in-person hearing on a case to case basis. No person who has travelled to a high-risk country will be allowed to enter the courtroom. One must have a face covering to enter the building.

The UK

COVID-19 has had an impact on the legal system of the United Kingdom as well. Court proceedings of criminal cases were ordered to be conducted telephonically or through video conferencing. Jury trials were suspended. The Queen’s Bench division issued a notice announcing few provisional changes such as the closing of counters to the public.

The rest of the business however will continue to operate as usual subject to change. The jury trials were continued by making special arrangements in May as announced by the Lord Chief Justice of England and Wales. Virtual proceedings are not a new thing for the UK as technological reform was brought about in 2016 which made virtual court hearing possible. The Ministry of Justice said in September 2016 that virtual hearing will not become a common feature of the legal system but will be only conducted in relevant cases.

Virtual Hearings

Just like every other aspect of life, the court is not free from the impact of COVID-19 virus. As the countries imposed nationwide lockdown, it became essential to look for alternate methods to ensure Justice. The Courts staying true to the legal maxim fiat Justitia Pereat Mundus (let Justice be done though the world perishes) while at the same time taking measures to protect public health resorted to virtual hearing of cases.

As the pandemic has forced the courts to modernize, some people are sceptical about virtual proceedings. It has been said that there can be no replacement for personal interaction. There have been various instances of technical glitches, disturbance and difficulties during a virtual hearing. While conducting criminal trials it is difficult to understand the demeanour or non-verbal cues of witnesses and accused.

Digital justice is comparatively more affordable and it ensures the safety of witnesses that are vulnerable. It saves both the time as well as the cost of travelling. The long term effects of virtual hearing are right now hard to predict but one thing is certain that it has reshaped the way we look at the judicial system.

Conclusion

The legal world is not unacquainted with the balancing act. Therefore when the cases of COVID-19 spiked, it became important to reinvent the balance between ensuring justice and public health.

The World

Virtual hearing was not an entirely new concept as there have been few instances of court proceedings being held digitally. The arbitration proceedings were already happening online even in the pre-COVID-19 era.

People have been sceptical about the digitalization of court proceedings as it has significantly reduced face to face interaction which is an essential part of trials. However, virtual proceedings have also ensured that justice has become more accessible. One needs to be more acceptable as it is anticipated that virtual hearing is going to stay in certain cases even after the pandemic has subsided.

Written by:

Abdul Wahied Mohammad Sharief | Dar Al Haqooq Legal Consultancy​