“The practical consequences of having to pursue an appeal from abroad were considered by Lord Wilson beginning at[60] of his judgment(three other members of the court agreed with his reasoning). It was an appeal heard in February 2017 in the Supreme Court and in September 2013 in the Court of Appeal. It considered the practical and technological arrangements available at that time. Even so, as Lord Wilson explained at [67] In connection with giving evidence from abroad.” it might well be enough to render the appeal effective for the purpose of article 8, provided only that the appellant’s opportunity to give evidence in that way is open to him”. The focus was on giving oral evidence. Plainly, that will rarely be a consideration in judicial review clams. The consideration of the practicalities that followed was rooted in the technology available to and uses both by the First-tier-Tribunal and appellants. In the intervening years, both have been transformed and their use has become ubiquitous in courts and tribunals the world over, a process accelerated by the effect of the Covid19 pandemic which has swept around the globe since the beginning of this year. Lord Wilson discussed the cost of hiring video conference rooms and equipment, for example, which have long ago become an irrelevance in holding online video meetings. From the point of view of a litigant, whether discussing a case with legal representatives, attending a hearing or giving evidence all that is required is a video-enabled device attached to the internet, with widely available commercial software installed in it. The position in courts and tribunals is entirely different from how it was three or four years ago.”

Adam Pipe (No 8 Chambers)

Adam Pipe (Barrister at No 8 Chambers) has given permission to use recent case updates on our website.

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