Video Link in UK Law

Leading Cases
  • (1) Paul Nixon v Secretary of State for the Home Department
    • Court of Appeal (Civil Division)
    • 17 Jan 2018

    Furthermore, whilst I appreciate the burden of proof ultimately lies on the Secretary of State, but the evidence that an out-of-country appeal will be ineffective in protecting the article 8 rights of Mr Nixon and his family members is currently weak. There is no evidence that he is in any way constrained from instructing his legal team.

    If the appeal is effective to protect the relevant article 8 rights, then there will be no substance left in this appeal. In the event that the appeal is not conducted so as to protect the relevant article 8 rights effectively – or if Mr Nixon considers that to be the case – then he will be able to return to this court and press for permission to appeal or permission to proceed with the judicial review.

  • The Queen (on the application of YZ (China)) v Secretary of State for the Home Department
    • Court of Appeal (Civil Division)
    • 26 Jul 2012

    The judge stated that in his view the appellant could pursue an appeal effectively from China. He made the plainly valid point that the appellant's partner would be able to give oral evidence in the United Kingdom and that there was no reason to think that the appellant would have any difficulty in communicating with her or in giving instructions to his solicitors. He saw no reason to doubt that it should be possible for the appellant to give evidence by video link.

  • Polanski v The Conde Nast Publications Ltd
    • Court of Appeal (Civil Division)
    • 11 Nov 2003

    He further stated that in his experience "there is in most cases very little, if any, actual disadvantage or prejudice to either side when [VCF evidence is given by vulnerable witnesses in criminal cases]" and that "the process of cross-examination takes place as naturally and freely as when a witness is present in the court room".

  • Polanski v The Conde Nast Publications Ltd
    • House of Lords
    • 10 Feb 2005

    It seems to me however that as a starting point it is important to recall that although evidence given in court is still often the best as well as the normal way of giving oral evidence, in view of technological developments, evidence by video link is both an efficient and an effective way of providing oral evidence both in chief and in cross examination. Thomas LJ's opinion was very much to the same effect.

    It is the factor that leaves me in no doubt that the general rule should be that the fugitive's unwillingness to come to this country is not in itself a reason for refusing to allow his evidence to be given through a video conference link. So long as the claimant remains where he is, and irrespective of whether or not the order is made, those processes will be incapable of reaching him if he is a member of that class of fugitives that cannot be extradited.

    But it would be a strong thing indeed to use such case management powers to exclude the admissible evidence of one of the parties on the central facts of the case. It might be grossly unjust to the other party, even contrary to his right to a fair trial under article 6 of the European Convention on Human Rights, to decide a claim principally on the untested evidence of a party who had not been subject to cross-examination of any sort.

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Legislation
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Books & Journal Articles
  • Now — Conferences by Video Link
    • Nbr. 86-9/10, September 1986
    • Industrial Management & Data Systems
    • 12-13
    The traditional nature of conferences could change dramatically as video‐conferencing is more widely practised. This alternative is more economic, can be recorded for a permanent reference, is inte...
  • The Rise of Digital Justice: Courtroom Technology, Public Participation and Access to Justice
    • Nbr. 80-6, November 2017
    • The Modern Law Review
    This article addresses a little discussed yet fundamentally important aspect of legal technological transformation: the rise of digital justice in the courtroom. Against the backdrop of the governm...
    ...... case files and case management systems; the implementation of audio/video links and conferencing; the development of online plea systems; and the ......
  • Video explains green benefits.
    • Nbr. 2001, January 2001
    • Financial Management (UK)
    • Benefits of being environmentally friendly
    ......Based on research by Professor Steve Toms of Nottingham University, which found a link between high environmental reputation and improved financial performance, the video reveals what investors are looking for from organisations as ......
  • The Implications of the Value Chain and Financial Institutions for Work and Employment: Insights from the Video Game Industry in Poland, Sweden and Germany
    • Nbr. 54-2, June 2016
    • British Journal of Industrial Relations
    What are the reasons for national differences of international market access in high‐risk software development and what is the role of employment regulation? This analysis elucidates this question ...
    ......The author proposes to link V oC theory to a transnational perspective , which complementarily takes into account firm embeddedness in industry-specific value chains. 1. ......
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Law Firm Commentaries
  • Copyright In The Digital Single Market – Link Tax (Video)
    • Mondaq UK
  • The perils of giving video evidence
    • JD Supra United Kingdom
    If evidence is to be given remotely, via video link, from another country, be sure to check that this is permitted by the laws of that country. Please see full Publication below for more...
    .... If evidence is to be given remotely, via video link, from another country, be sure to check that this is permitted by the laws of that country. One of the many ways that litigation has been impacted by ......
  • UK: Hogan Lovells’ annual London Patent Conference links with Silicon Valley
    • LexBlog United Kingdom
    Hogan Lovells’ IP team will hold its annual Patents Conference, on 4 November 2015. This year’s event will feature a panel discussion via live video link to our team in the U.S. at Hogan Lovells’ L...
    ......This year’s event will feature a panel discussion via live video link to our team in the U.S. at Hogan Lovells’ Law in the Global Marketplace Symposium, taking place at Santa Clara University, Silicon Valley. The ......
  • Remote Evidence in English Courts: Some Timely Reminders
    • JD Supra United Kingdom
    Parties seeking to rely on video-link evidence should plan ahead and, where necessary, obtain local and foreign court approval. The COVID-19 pandemic has (albeit by necessity) ushered i...
    ...Parties seeking to rely on video-link evidence should plan ahead and, where necessary, obtain local and ......
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