In England and Wales there is currently an ongoing civil court structure review, led by Lord Briggs, with the aim of reforms providing a modern, efficient and accessible civil dispute resolution service for all. "Modern, efficient and accessible" are not often words associated with litigation.
One topic for review, which would be a huge change if implemented, is identifying the necessity for an Online Court, in which civil disputes of a small value could be resolved without litigants hiring lawyers. The Online Court aims to eliminate the disproportionate costs of legal aid for cases up to £25,000 in value, allow justice to be accessible to those of limited financial backgrounds and to make the current civil court system in England and Wales more efficient.
The structure of Online Courts
The Online Court is likely to consist of three stages:
- primarily, litigants would use an automated service that would enable and assist them in identifying the issues of their case;
- secondly, conciliation and case management by a Case Officer; and
- thirdly, resolution by judges where documents, telephone, video or face-to-face hearings would be used.
Advantages
The advantages highlighted are that by enabling litigants to input the details of their case online, it would provide both the opponent and the court with a document that is able to be understood. Furthermore, it allows both parties to communicate the basic details and evidence of their dispute at the earliest opportunity, creating a substitution for the existing "pre-action protocols" as well as creating an opportunity for conciliation of their case. If the case is not resolved at this stage and proceeds, all necessary information is online and therefore able to be prepared for court efficiently.
Issues
However, Lord Briggs has acknowledged that the report still has issues to be addressed before being finalised in the summer, including whether the Online Court should be detached from existing courts or become part of the County Court, deciding what value and nature of claims should be included or excluded from the Online Court, and if there are cases that, despite their value, are unsuited to the Online Court system. Additionally, Lord Briggs recognises that the structure of appeals is yet to be appointed and that circuit and district judges would have to possess a greater comprehension of civil expertise in place of legal representatives.
Criticisms
Inevitably, criticisms of this report have emerged, including those of the President of The Law Society of England and Wales, Jonathan Smithers, saying that "making changes to one part of the justice system may have unintended consequences for another part and for the people who rely on it." He also stated that he has "grave concerns that the proposed online court may exclude people's ability to access legal advice for cases up to £25,000 in value".
Responses
In an attempt to resolve these issues, the Master of the Rolls, Lord Dyson has stated that, "We are now entering an important phase in the review, and all those with a view on these issues and the future shape of the civil courts will have an opportunity to offer their thoughts and suggestions. I urge people to do so, to make their voice heard in the reform process." Any responses should be submitted by February, prior to the report's finalisation taking place in July 2016.
If the finalised report recommends Online Courts, they could be rolled out in England and Wales, and thereafter, Scotland may follow suit for some types of disputes. Watch this space.
Please also see our recent Insight in relation to Alternative Dispute Resolution here.
Disclaimer
The material contained in this article is of the nature of general comment only and does not give advice on any particular matter. Recipients should not act on the basis of the information in this e-update without taking appropriate professional advice upon their own particular circumstances.
