How are EAT proceedings affected by the outbreak?

On 26 March 2020, the President of the EAT announced that the EAT would not

be in a position to hold any hearings in the immediate short term and that it

would be operationally severely restricted for the time-being. Until further

notice, the following will apply:

• All types of hearings in the EAT, whether in London or Edinburgh, which were

listed to take place up to and including 15 April 2020 have been postponed.

The President or an EAT judge may, however, issue directions via remote

communication in respect of a particular case should it be deemed necessary

for urgent reasons.

• The time limit for instituting appeals, and the requirements for the proper

and effective institution of an appeal, remain as set out in the EAT Rules and

the EAT Practice Direction. During this period of restriction, Notices of Appeal

and accompanying documents must be sent by email in all cases. The limits

on the size of email attachments should be noted.

• During this period, parties should anticipate that it may take longer for the

EAT administration to respond to communications than usual.

• It is anticipated that a further announcement will be made before 10 April

2020, advising whether these restrictions will extend beyond 15 April 2020,

and/or regarding arrangements for hearings taking place thereafter.

• When hearings resume, they will initially be conducted exclusively by

telephone, Skype or some other form of video link.

• These measures may be subject to change, depending on government advice

and the ability of the EAT to hold hearings, including remotely.

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