The purpose of this article is to report on a recent proof
before answer hearing that was conducted fully remotely, and to set
out some tentative thoughts on the future of remote hearings based
on that experience.
This is not intended to suggest that what was done should be
followed in all hearings. The speaking notes available on
the Scottish Courts website for the Civil Justice
Conference, held in May, give an excellent commentary on the
various views and opinions on some of the issues associated with
remote hearings.
The hearing received significant press coverage. It was the
claim by the liquidators of RFC 2012 plc against the former
administrators of the company that owned and operated Rangers
Football Club. Evidence and submissions were heard over 22 days.
The court heard from 21 fact witnesses and 10 experts. There were
4,867 documents, including 149 spreadsheets, organised into six
joint bundles totalling almost 27,000 pages. These bundles had been
partly