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Law360, London (August 21, 2020, 1:32 PM BST ) A government rule allowing lawyers coming back from holiday to break quarantine to attend court and tribunal hearings in person is "putting lives at risk" and should be withdrawn, the Law Society warned on Friday.
Barristers and solicitors who enter mandatory isolation for 14 days after returning from holiday are allowed to turn up to court if they have a hearing. The two-week period of home isolation is in place for travelers returning to Britain from a country deemed to have a high rate of coronavirus infections, such as France.
However Law Society president Simon Davis said that allowing lawyers to break quarantine will increase the risk of COVID-19 transmission and pose a "significant danger to court users." The exemption should be withdraw, Davis said.
"I would urge anybody in this situation to consider fully the potential health implications for other court users if they were to break their self-isolation period to attend in person," Davis said in a statement on Friday. "If this results in an outbreak, courts which urgently need to be operating will have to shut down – damaging the government's court recovery plan and adding to the ever-increasing case backlogs in our justice system."
Most courts in England and Wales have reopened as the lockdown has eased. But the judiciary remains wary about parts of the country where infection rates remain higher. Manchester Crown Court has been shut since Aug.10 after six members of staff tested positive for the coronavirus.
Davis said it is vital that lawyers know what is happening in courts and tribunals buildings at all times — particularly if a staff member has displayed any symptoms of the disease.
"There must be tailored and effective communications systems in place so that court users are immediately aware of any potential outbreaks or safety concerns and are able to make informed decisions," Davis said.
The Law Society is recommending that risk assessments – including reference to any confirmed recent COVID-19 cases – should be readily available for all court users as soon as they request it. The reporting systems for such incidents should be transparent and communicated to those using the courts.
The government exception was confirmed earlier this week after pressure from the Bar Council, which represents barristers. Lawyers required to attend court hearings overseas would be put at a disadvantage by a two-week isolation period when they returned, the body said.
The Law Society has also questioned government plans to extend court opening times to help handle case backlogs made worse by the virus. The industry body for lawyers in England and Wales said it has doubts about HM Courts and Tribunals Service's court recovery plan and warned it could damage criminal defense firms that are already overstretched.
The Ministry should first look at finding more building space instead, the society said.
--Additional reporting by Irene Madongo. Editing by Ed Harris.
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