First Multiple Day Evidential Hearing, Court of Session

Jun 18, 2020
Today saw the first multiple day evidential hearing in the Court of Session involving eight witnesses giving evidence over two days with the third day focusing on submissions by counsel.  The civil case centred on a dispute over the supply of materials and the applicable terms and conditions of the sale. The participants took part from different locations. Despite this, proceedings ran well and the judge will issue his decision in writing. 

Afterwards, Presiding Judge Lord Clark said:

“In these challenging times, the judiciary and the court staff are determined to ensure that our justice system takes every available step to develop appropriate ways of dealing with virtual hearings in suitable cases. It is also vital that practitioners and parties know that the court is ready and able to deal in this manner, not only with procedural matters but also with debates and evidential hearings. 

“It was therefore a real privilege to manage, prepare for, and preside over this three-day proof by video conference in the Commercial Court. Evidence was given remotely by eight witnesses from various places in Scotland and England, followed by detailed submissions. 

“A few technical issues were dealt with and overall the process was very successful. This was largely as a result of the input of the digital services team, and the highly-professional work of the clerk. Counsel and the instructing solicitors also played an important part in making the hearing work. As we go forward, the judiciary and Court Service will continue to rise to meet the challenges.”

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