Yes, it is entirely possible to manage UK court proceedings from overseas, although the practicalities depend on the type of case, the court, and whether the litigant is represented.
For civil litigation, including housing, homelessness, possession, disrepair, debt and many judicial review proceedings, there is no requirement that a party be physically present in the UK. The Civil Procedure Rules contemplate remote case management and hearings where appropriate. Since the COVID-19 pandemic, remote hearings by video or telephone have become routine, although the court retains discretion as to the mode of hearing.
For a British citizen living abroad, proceedings can often be managed by:
- instructing a UK solicitor;
- communicating by email and video conferencing;
- signing witness statements electronically where appropriate;
- attending hearings remotely if the court permits;
- giving evidence by video link where authorised.
In housing law, many hearings are short case management hearings that are routinely conducted remotely. Final trials involving oral evidence are more likely to require either attendance in person or an application to give evidence remotely.
There are, however, practical difficulties.
First, service of documents. The claimant or defendant must ensure the court and all parties have a reliable overseas address and email address for service where permitted under the CPR.
Secondly, time zones. If a client lives in Spain, this presents little difficulty because the time difference is only one hour from the UK. Clients in Australia or North America may face hearings at inconvenient hours.
Thirdly, execution of documents. Although electronic signatures are widely accepted, certain documents may still require original signatures or compliance with specific procedural rules.
Fourthly, obtaining evidence. Witnesses, medical experts and other evidence may be located in another jurisdiction, increasing costs and complexity.
Fifthly, legal aid. Living abroad does not automatically prevent someone from qualifying for civil legal aid. The key issues are whether the case falls within scope, the applicant satisfies the financial eligibility criteria, and any applicable residence requirements are met. Those requirements differ depending on the category of case.
