Lord Justice Briggs, the author of the report, was tasked in July to review the civil justice court structure and says that he had found a ‘clear and pressing need’ to create an online court. He acknowledges it would be the first court ever to be designed in England and Wales for use by litigants without lawyers. The report says online dispute resolution will give litigants ‘effective access to justice without having to incur the disproportionate cost of using lawyers’.
Questions to be answered
Sir Briggs adds: ‘The online court will mark a radical departure from the traditional courts (outside the small claims track) by being less adversarial, more investigative, and by making the judge his or her own lawyer.’ However, there are questions that need to be answered before the review is completed in July, including what kinds of claim should be excluded, what costs will be paid by each side and whether any appeal should be made to circuit judges.
Legal advice still needed
Law Society president Jonathan Smithers cited ‘grave concerns that the proposed online court may exclude people's ability to access legal advice for cases up to £25,000 in value.’ He added: ‘While the online court may not require advocacy, there will still be a need for legal advice to ensure that everyone, including the vulnerable, can access justice. We will strongly oppose any approach that reduces access to justice and results in justice in England and Wales only being available to those who can afford it.’ Source: The Law Society Gazette
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