The impact of Covid-19 on daily life is everywhere and, while its lasting consequences for the way business is done in the maritime world remain to be seen, recent experiences offer insights into how challenges can be met. Having liaised with fee earners throughout the firm, CJC Director Ian Short summarises how CJC has adapted both in the legal field and in day-to-day working, including commentaries on attending virtual courtroom hearings through to remote witness statement taking.
Virtual Courtrooms
During the lockdown period, members of the firm have attended several virtual courtroom hearings. In one example, the CJC team acted in the Stema Barge II [HO1] case on 13 and 14 May 2020, completing a two-day virtual trial in the Admiralty Court of the High Court of England and Wales, conducted entirely via Skype for Business. Debo Fletcher and Christopher Chane, two members of the CJC team who attended the hearing, commented that the trial went smoothly, save for the occasional freezing of screens and reminders to mute (and unmute) mics.
Several months ago, the prospect of conducting a virtual trial seemed unimaginable, particularly for a case of this nature, importance and quantum. No doubt the process has involved lengthy pre-trial preparation of a different kind – but having gone through it all, Debo and Christopher say that trial by video works well. Whilst presenting challenges of a different kind, the method is convenient and is in every respect equivalent to the courtroom, provided the nature of the hearing and evidence to be given is relatively straightforward. Cross-examination for instance can be challenging given the lack of actual engagement that comes naturally with in-person hearings. Body language unfortunately does not translate easily on screen as it does in a court room.
The procedure for eBundles was perhaps the most daunting aspect, given the particular court requirements for hyperlinking, bookmarking, and text-searchability as far as possible, which are of course not concerns usually encountered with paper bundles. This proved not to be entirely straightforward, but there are various software and platforms that can be used to streamline the process. This undoubtedly involves some trial and error, particularly the first time such software/platform is used, although demos are usually available to assist.
Following our experience, we take the view that eBundles would be suitable (and indeed more convenient) in cases where the number of pages involved is in the hundreds rather than the thousands. Debo and Christopher reported that whilst eBundles ultimately worked in their case, the vast number of documents caused practical difficulties and, in an ironic twist of fate, the Court ended up requesting hard copy bundles!
Lockdowns around the world have forced parties to resolve their proceedings by virtual hearings, and this enforced change has shown that the process is workable. They work as well as in-person hearings, save that the Judge and Barristers are spared the sight – and perhaps groans – of the audience in the gallery.
As the world returns to normality, we expect the Court to adopt such procedures more frequently than before, particularly for short procedural hearings or in cases involving cross-border disputes where representatives of the parties, witnesses and experts may hail from around the globe. As a note of caution, virtual hearings are not an appropriate substitute in every matter, and a case by case approach will need to be adopted by the Court and the parties’ legal representatives.
CJC as a firm has been involved in a number of virtual hearings since lockdown began and we expect this to be the norm for the immediate future at least.
Making a Statement
It is not only hearings that have been affected by the lockdown but day-to-day aspects of our work, including, for example, witness statement taking. Andrew Shannon of the firm’s Singapore Office offered insight into a challenging episode for the Singapore team, following a ship grounding off Batam in May. The team’s investigation had to be conducted remotely, with Andrew instructing a local surveyor on what information to collect via satellite phone and interviewing members of the crew over a phone loudspeaker using a translator.
“It was pretty tough, but – in exceptional circumstances - we got it done; the vessel got off the rocks and was released by the authorities,” says Andrew. “Still, this is one area of activity where the remote approach is unlikely to be acceptable as the ‘new normal’.”
In adapting to remote methods to provide guidance and advice, as well as to take statements, the approach taken here is not a like-for-like replacement for on board accident investigations, which will likely resume with in-person attendance once it is safe and proper to do so.
Virtual Seminars
Even for the previously uninitiated, the video conference has become a staple of doing business in the era of coronavirus. The CJC team has also been adapting in other areas by rolling out a series of talks using the likes of Zoom. Typical was a case law update organised by the London office for one of the IG Clubs that included presentations from Duncan Ealand, Richard Hickey and Richard Guy.
As Richard Hickey explained, “This is one eco-friendly innovation that we plan to keep even after life returns to a more normal state of affairs, since it is a great way of providing overseas clients in particular with regular talks without always having to involve international travel”.
The CJC Singapore team also reports strong uptake of a series of case updates on both wet and dry shipping issues for P&I clients, performing eight bespoke seminars so far to different IG Club offices throughout the Asia-Pacific region. William Pyle, who helped co-ordinate the seminars, reported a good reception from clients for the informal sessions, which included an exploration of COVID-19 issues and lively discussions on certain cases, including the CMA CGM LIBRA.
Day-to-Day Working
The firm has also reacted swiftly to Government advice and guidance across the various jurisdictions where it has offices and its lawyers and staff have been working from home for several months. One of the CJC founding partners, Jonathan Campbell, was interviewed by Tradewinds during the early stages of the lockdown here[HO2] .
Despite the ongoing lockdown and restrictions, the firm has not seen any drop-off in either its productivity or its standards; to the contrary, the firm has had one of its busiest and most successful periods since it was founded ten years ago. The dedication, commitment and morale of the lawyers and staff has been maintained at very high levels throughout recent months, which is testament to the good work and positive attitude of all at CJC. Unlike competitors within the industry, no fee earner or member of staff has had to take any form of pay-cut or wage deferral. Whilst holiday plans for many have been curtailed because of the ongoing lockdown, all staff have been encouraged to take holidays and time off when they wish and where this is possible, as this remains important for ongoing mental wellbeing.
CJC has been a keen supporter in recent years of encouraging flexible working arrangements amongst its staff; following the Covid-19 pandemic, flexible working arrangements are likely to become more important and relevant in future years as we adapt to the new norm.
Therefore, whilst we are all looking forward to returning to the office environment at some point, there are aspects of this unfortunate scenario which we can take away and utilise going forward.