Northern Ireland

Northern Ireland divorce hearings to be heard in virtual courts from next week

Northern Ireland's most senior judge Sir Declan Morgan has outlined how courts will see a `gradual and incremental' increase in caseload in coming weeks
Northern Ireland's most senior judge Sir Declan Morgan has outlined how courts will see a `gradual and incremental' increase in caseload in coming weeks Northern Ireland's most senior judge Sir Declan Morgan has outlined how courts will see a `gradual and incremental' increase in caseload in coming weeks

DIVORCE hearings are to be conducted remotely in a new pilot scheme which it is hoped will help release some of the backlog of cases caused by coronavirus pandemic restrictions in place since March.

Northern Ireland's most senior judge Sir Declan Morgan has outlined how courts will see a "gradual and incremental" increase in caseload in coming weeks.

The Lord Chief Justice insisted it "will be informed by public health guidance" and indicated it is likely to starter with "non-contentious work" such as undefended divorces through remote hearings.

The two-phase recovery plan will see judges "gradually increase key non-contentious business that can be facilitated while adhering to public health guidance. In this period of reviews".

Sir Declan conceded they will progress "slower" and will include hearings and cases that do not involve large numbers of witnesses or experts. He said initially the focus will be on "uncontentious matters" and "where limited oral evidence is required."

There will be an increase in the types of Children Order proceedings and divorce cases, with "certain adoption applications" processed.

The pilot scheme for the hearing of undefended divorces in Belfast County Court will begin next Tuesday.

Sir Declan said judges will also be trying to move through divorce proceedings for those who have seen decree absolute applications delayed and are seeking a final financial settlement.

Planning for contested hearings in magistrates' courts is "underway".

Phase One is expected to conclude "at the end of this month", with planning underway to move to the next stage "when we can plan to list contested hearings involving numbers of witnesses or experts (including frontline medical staff, social workers or other professionals) and jury trials".

In England and Wales new jury trials have started in a few courts from this week, with special arrangements to support social distancing and "appropriate cleaning standards".

The trials will see a second courtroom linked by CCTV, to allow media and others to watch proceedings and another for jury deliberations, with "carefully supervised" entrances and exits.

Water fountains and cafés remain closed.

However, solicitors were complaining on social media that "all the social distancing precautions they've been following the last few weeks have been ditched", with security guards reportedly telling people "it's all back to normal today".

There was also concern over "lawyers... being sent into small rooms with clients with no cleaning taking place in between".