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Open Justice, Participation and Materiality: Virtual Hearings and the Court of Protection

Lindsey, Jaime (2020) 'Open Justice, Participation and Materiality: Virtual Hearings and the Court of Protection.' In: Ferstman, Carla and Fagan, Andrew, (eds.) Covid-19, Law and Human Rights : Essex Dialogues. A Project of the School of Law and Human Rights Centre. University of Essex, 257 - 264. ISBN 978-1-5272-6632-2

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There has been much discussion about the use of technology in the justice system as a result of measures introduced by the UK government to respond to the Covid-19 pandemic. In this paper I articulate my own thoughts on the use of virtual hearings in light of the pandemic, specifically focusing on their use in contexts concerning potentially vulnerable participants, such as in the Court of Protection. In doing so, I highlight a number of challenges, opportunities and reflections on how we might respond to their use. I argue that in coming to analyse the use of virtual hearings, we should focus on the extent to which open justice is secured, the material differences between the virtual and physical court hearings and the participation of those affected by proceedings.

Item Type: Book Section
Additional Information: This article first appeared in the UKAJI blog at
Uncontrolled Keywords: Open justice, virtual hearings, participation, Court of Protection
Divisions: Faculty of Humanities > Law, School of
Depositing User: Elements
Date Deposited: 30 Jun 2020 12:53
Last Modified: 30 Jun 2020 14:15

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