There have been many lasting changes to the way we work in response to the COVID-19 pandemic six years ago, but one positive has been the legal profession’s increased use of remote technology. Courts are now more flexible in how evidence can be given, and hybrid proofs are now commonplace.
Patrick Hannon, Personal Injury Solicitor at Jackson Boyd, lifts the lid on what a hybrid proof is and what it could mean for your personal injury claim.
What Is a Proof?
In civil law, a “proof” is essentially a trial. If you instruct your solicitor to raise court proceedings and your case doesn’t settle, the court will fix a date for a proof. At this hearing, the court listens to evidence from both sides before making a decision.
Your solicitor will arrange for the relevant witnesses to attend. This may include you, along with any other individuals who can speak to the circumstances of your case.
If circumstances mean you cannot attend court in person, you may be permitted to join the court proceedings remotely. This is what’s known as a Hybrid Proof.
When Can I Request a Hybrid Proof?
There are many reasons why attending court in person may not be practical and a hybrid proof may be requested. For example, if you live a considerable distance from the court, have work commitments or care responsibilities. You may have a health condition or disability that makes travel difficult.
In these situations, it may be possible to give your evidence remotely by video link. Court rules allow for this where there is a valid reason, provided an application is made within the required timescale.
The Sheriff will consider the request and decide whether to allow you to appear remotely. While courts are generally flexible, there is no guarantee that every application will be granted.
How Do I Request a Hybrid Proof?
If you think you may need to give evidence by video link, you should inform your solicitor as early as possible. They’ll be able to make an application to the court on your behalf.
It’s important not to leave this to the last minute. Late requests may be refused, particularly if the other party objects or the court considers that in-person evidence is more appropriate.
What Does Video-Link Evidence Look Like?
Scottish courts use a secure platform called Webex, which is similar to Microsoft Teams or Zoom. If your request is granted, the court will send a joining link to your solicitor, who will then forward it to you, usually the day before the proof. You can join the hearing using a computer, laptop, tablet or smartphone, provided your device has a camera and microphone.
What Happens on the Day of Proof?
On the day of the proof, you simply and join the hearing as you would any other online meeting. You may see a message indicating that you are “waiting in the lobby”, which is a virtual waiting area.
You may need to wait some time before being admitted, as the court may be dealing with other matters or hearing from other witnesses first.
Although you are not physically in the courtroom, you are still considered to be present in court. The same rules apply. You should:
- Be in a quiet, private space where you will not be interrupted
- Avoid eating or drinking while giving evidence
- Ensure there is no background noise such as music or television
- Not communicate with anyone while you are giving evidence
You may receive help setting up the technology, but you must answer all questions on your own.
When it is your turn, you will be able to see the courtroom and those present, and they will be able to see you. The Sheriff will introduce themselves and explain the process. You will then be asked to take an oath or affirm that you will tell the truth, just as you would in person.
If at any point you cannot see or hear clearly, you should let the court know immediately. Technical issues can arise and will be addressed.
Once your evidence is complete, the Sheriff will let you know and you can leave the hearing and continue with your day.
Final thoughts
Giving evidence remotely does not reduce the importance of your evidence—the court will treat it in exactly the same way as if you were present in person.
If you have any concerns about attending court or giving evidence by video link, speak to your solicitor as early as possible. They will guide you through the process and ensure you are fully prepared.
Jackson Boyd are specialists in Personal Injury claims. If you think you might have a claim, fill out our online form, or call us on 0330 029 5005.Need help right away? Chat to our online assistant! Simply open the chat window in the bottom right hand side on our website.
