Briggs proposes move towards online courts for England & Wales
A move towards an online court for a large class of money disputes is among the proposals in Lord Justice Briggs's final report into the structure of the civil courts in England & Wales, now published.
The report, which follows interim prposals published in January (click here for report), was commissioned by the Lord Chief Justice and the Master of the Rolls in July 2015 to coincide with a programme for reform of the courts by HM Courts & Tribunals Service.
The online court would be designed to be used by people "with minimum assistance from lawyers", but would eventually become the compulsory forum for resolving cases within its jurisdiction. On inception it would deal with straightforward money claims valued at up to £25,000. There are recommendations on help for people who need assistance with online systems. Complex and important cases would be transferred upwards to higher courts; open justice issues are still to be addressed.
Other recommendations include the provision of case officers – a senior body of court lawyers and other officials trained to assist with certain functions currently carried out by judges, such as paperwork and uncontentious matters. Their decisions would be subject to reconsideration by judges on request by a party.
A court-based out of hours private mediation service should also be re-established in county court hearing centres prepared to participate, along the lines of the service which existed prior to the establishment and then termination of the national mediation helpline.
There should be no general unification of the civil courts; while it was time for a decision about the future of the High Court’s Divisions, that was beyond the scope of the review.
Lord Justice Briggs commented: “It is for others to decide which of the above recommendations should be implemented, and by what means. In my view, if they are all substantially implemented, then the essentially high quality of the civil justice service provided by the courts of England and Wales will be greatly extended to a silent community to whom it is currently largely inaccessible, and both restored and protected against the weaknesses and threats which currently affect it.”
Lord Thomas, the Lord Chief Justice, welcomed the report, describing it as "detailed and innovative", which the senior judiciary, working with the Government and HM Courts & Tribunal Service "will now consider with care".
Lord Dyson, Master of the Rolls, added: "The civil justice system is facing a number of challenges and pressures, of which Lord Justice Briggs has provided a masterly analysis. He has given us ample food for thought on how the system can be modernised and made more efficient.
“I commend the care with which he has sought views, and the insightful thinking which he has applied to his review. It will fall to my successor and others to consider his recommendations, but the system owes him a considerable debt.”
Catherine Dixon, chief executive of the Law Society of England & wales, commented: "The final report on the online court indicates that IT may improve court efficiency. Importantly it also recognises the vital role solicitors will play in helping clients navigate the new system and ensuring that they are able to access justice.
"We are particularly pleased that Lord Justice Briggs has recommended that cost recovery should be possible and that, if a client wins their case, they will be able to recover the cost of their solicitor’s fee for initial advice and legal expertise. This was a key recommendation made by the Law Society in its response to Lord Justice Briggs’ earlier report."
Chairman of the Bar, Chantal-Aimée Doerries QC, added: "Any moves towards an online court for claims of up to £25,000 must avoid the risk of entrenching a system of two-tier justice whereby individuals opting to use a 'lawyerless' online court process could easily find themselves in litigation with big organisations which can afford to hire their own legal teams."