U.K. Courts Carry on While Virus Halts EU Cases, Lawsuits

(Bloomberg) --

British courts are based on tradition, and the coronavirus outbreak isn’t going to change that.

While the legal systems in much of western Europe are shutting down, the U.K. is celebrating the investiture of Queen’s Counsels, the cream of the country’s legal talent. The so-called Silks are often celebrated characters on TV and film, the older men and women in black gowns and horsehair wigs who argue the most difficult cases in the highest courts.

The courts planned on remaining open Tuesday after Prime Minister Boris Johnson encouraged people to stay at home and avoid non-essential travel. Spokespeople for both the Ministry of Justice and the courts said that they will publish updated guidance on the situation, but until then legal proceedings will continue as scheduled.

In France, however, the European Court of Human Rights closed its doors to the public and hearings scheduled for March and April have been canceled, it said. The court will continue to operate behind closed doors, particularly on priority cases, where a suspension would cause “irreparable damage.”

National French courts all but shut down on Monday to prevent the coronavirus from spreading. Justice Minister Nicole Belloubet said Sunday that only “essential” litigation will proceed. That includes hearings for people in custody, urgent cases handled by judges for children and procedures related to the possible eviction of a violent partner.

In prisons, measures to prevent further contagion will be reinforced with learning activities suspended and less visitors allowed, Belloubet added.

• The Italian court system was shut last week with all court hearings suspended nationwide until March 22 under a government decree drawn up by Justice Minister Alfonso Bonafede.
• A verdict in Germany’s Cum-Ex tax trial may be issued as soon as next week as judges try to cope with the impact of the coronavirus on the court system.
• Ireland said Monday that no new cases or trials will begin for the remainder of the High Court’s term and all non-jury cases will be postponed.
• The European Court of Justice suspended all hearings at its top court for the next two weeks, and at its lower court for three weeks.

Lace Trim

London’s Royal Courts of Justice has a full roster of hearings.

A four-day trial in a case brought by a trio of Russian oligarchs against Christopher Steele, the former British spy who wrote the dossier on Donald Trump’s alleged relationship with Russia during the 2016 election, started Monday. It is continuing even after the judge was told that one of Steele’s directors is displaying symptoms of Covid-19. Steele is due to testify Wednesday.

And in addition to cases, more than 100 British attorneys will become QCs this year, including a group at a ceremony Monday afternoon.

The honorific given to senior trial lawyers brings with it a silk robe -- with lace trim and wig -- and the ability to charge higher fees.

“We are sure that those involved in the ceremony will take necessary precautions to guard against the further spread of this virus,” Amanda Pinto, the chair of the Bar Council, said in an email. She’s leading talks with government over how the justice system will cope with the impact of Covid-19.

In a letter sent to all 17,000 barristers in England and Wales, Pinto said she’s asking the government to allow them to defer to cash accounting for tax payments, to enable interest-free government loans and is discussing changing how publicly funded work is paid.

She said the courts might increase reliance on video and phone technology in an effort to limit the spread of the virus.

“We are determined that the vital public service provided by the Bar is recognized in the same way as every other public service,” she said in the letter.

The U.K. has so far raised eyebrows by not adopting the more sweeping lockdowns imposed in France, Italy and Spain, choosing to keep schools, cafes, pubs and shops open.

Strange Custom

During the Steele hearing, the judge warned one of the Russians suing the former spy that some new QCs might come in and start bowing, which he described as “a strange custom.”

“I bet you don’t get anything like this in Russia?” Millar asked billionaire Mikhail Fridman as two newly appointed QCs came into the room to bow to Judge Mark Warby.

“I don’t know, I haven’t participated in any court hearings in Russia so far,” Fridman replied.

A court in Celle, Germany, handling a 5.4 billion euros ($6 billion) investor suit against Porsche Automobil Holding SE, suspended two hearings scheduled for this week “in light if the generally recommended measure to prevent the further spread of the coronavirus.”

The next hearing is scheduled for April 29, the court said. The case involves a failed 2009 bid by Porsche to take over of then-rival Volkswagen AG.

--With assistance from Karin Matussek, Stephanie Bodoni and Jonathan Browning.

To contact the reporters on this story: Hugo Miller in Geneva at hugomiller@bloomberg.net;Ellen Milligan in London at emilligan11@bloomberg.net;Gaspard Sebag in Paris at gsebag@bloomberg.net

To contact the editors responsible for this story: Anthony Aarons at aaarons@bloomberg.net, Christopher Elser

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