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Black v Pastouna, Court of Appeal, 31 October 2005

14 December 2005
The issues

Application For Permission To Appeal – Appeals By Means Of Video Conferencing

The facts

The Claimant brought a renewed application for permission to appeal in respect of her claim relating to a property in Pensby.

The decision

Permission was refused.

Lord Justice Brook commented that the Hearing could have been conducted by video conference between the Court of Appeal and Liverpool from which both Solicitor and Counsel had come that morning.

The existence of the facility with details of the arrangements to be made can be found on the Court of Appeal website at www.civilappeals.gov.uk. The practice direction to Part 32 states that guidance on the use of video conferencing and the civil courts as set out in annex 3 to that direction. The Practice Direction required the parties to consider whether video conferencing would achieve an overall cost saving and whether its use would be likely to be beneficial to the efficient, fair and economic disposal of the litigation.

It was incumbent on those advising the parties to litigation before the Court of Appeal or any Court to take all the steps they could in accordance with CPR Rules 1.1 and 1.3 to reduce the costs of those proceedings and that included taking advantage of such cost saving facilities as video conferencing.

In every case involving an Application to the Court of Appeal which was likely to last 30 minutes or less, the Court would expect the parties to apply those criteria when they considered whether the use of video conferencing would be desirable. If the Court was not satisfied that there were any features of the application which warranted an oral Hearing with the Applicant or his advisors present in Court, it might direct that any recoverable costs should be limited to the costs of conducting the Hearing by video conferencing.

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