Written By Jack J Collins, Editor, AllAboutLaw.co.uk

Are online courts the answer?

Written By Jack J Collins, Editor, AllAboutLaw.co.uk

Lord Justice Briggs, who is the senior judge in charge of overseeing the renovation of the civil justice system, has been warned that online courts will not provide all of the answers to the current challenges it is facing.

Briggs' ‘root-and-branch’ review of the structural system of the courts has garnered a response from The Law Society, who have implored that any new ideas are fully tested and eased in, before they are rolled out nationwide.

President of The Law Society, Jonathan Smithers, has made it clear that making huge structural changes to the justice system can have a huge impact on the rest of the system, and this needs to be fully examined.

This comes as a fresh blow to Lord Justice Briggs, who had received significant backing from the government and senior members of the judiciary in his plan to use online dispute resolutions as a way of reducing costs and taking lawyers out of specialised parts of the judiciary system.

The Society has stated its support for an online court that deals with straightforward monetary disputes up to a maximum of £10,000; but has rejected the recommendation that this limit should be stretched to £25,000.

Smithers said: “If it works as intended, an online court may be able to reduce the need for specialist legal advice, but it will not remove that need altogether. It must not be used as a way of normalising a two-tier justice system where those who cannot afford professional legal advice find themselves at a disadvantage against an opponent who is wealthier and/or more knowledgeable about the system.”

“Many cases will be too complex for users to lodge a claim on an online court,” he added. “Those with substantial claims may feel uncomfortable using an online platform and let’s not forget that almost a quarter of the population still has no online access.”

Blog