JR & B Farming Limited v Hewitt [2021] EWHC 1704 (Comm) (24 June 2021)

JR & B Farming Limited v Hewitt [2021] EWHC 1704 (Comm) (24 June 2021)

Live-time transcription of court proceedings, including any associated recording, requires explicit prior permission of the court, regardless of the hearing format. Failure to obtain such permission constitutes a breach of statutory prohibitions on recording and may amount to contempt of court. Retrospective permission may be granted in exceptional circumstances, but future breaches will not be treated leniently.

Citation
[2021] EWHC 1704 (Comm)
Parties
Claimant: JR & B Farming Limited; Defendant: Christopher Hewitt; Third Party: Baldwins (Portobello) Limited
Jurisdiction
England and Wales
Judgment Date
24 June 2021
Procedural Posture
Commercial Court Proceedings / Pre Trial Review (ptr)
Outcome
Retrospective permission granted for the real-time transcript and associated recording; no further action against the solicitors beyond notification to the SRA.
Legal Topics
Live Time Transcription, Remote Hearings, Court Permissions for Recording, Contempt of Court Act 1981, Courts Act 2003, Transcription Supplier Regulation
Civil Procedure Contempt of Court Legal Technology Live Time Transcription Remote Hearings Court Permissions for Recording Contempt of Court Act 1981 Courts Act 2003 +1 more

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Parties

JR & B Farming Limited

Claimant

Christopher Hewitt

Defendant

Baldwins (Portobello) Limited

Third Party

Procedural Posture

Commercial Court Proceedings / Pre Trial Review (ptr)

Legal Issues

  1. 1 Whether live-time transcription of court hearings requires prior court permission
  2. 2 Whether recording by transcription suppliers without court order constitutes contempt
  3. 3 What procedural safeguards and forms are required for live transcription

Ratio Decidendi

Live-time transcription of court proceedings, including any associated recording, requires explicit prior permission of the court, regardless of the hearing format. Failure to obtain such permission constitutes a breach of statutory prohibitions on recording and may amount to contempt of court. Retrospective permission may be granted in exceptional circumstances, but future breaches will not be treated leniently.

Court Disposition

Retrospective permission granted for the real-time transcript and associated recording; no further action against the solicitors beyond notification to the SRA.

Orders

  • Retrospective permission for real-time transcript and recording granted.
  • Copy of judgment to be sent to the SRA.