The City of London Law Society (CLLS) has given its backing to proposals for online courts for claims up to £25,000, despite most of the rest of the profession expressing misgivings.
Responding to the interim report of Briggs LJ’s civil courts structure review, the CLLS said the civil justice system was “currently ill-suited to dealing with lower value claims”, and an online court would increase access to justice for individuals and small businesses who otherwise might find it difficult to bring their claim. It had “no objection in principle” to the £25,000 limit.
The Bar Council warned last week that the proposals risked “entrenching a system of two-tier justice”.
Chantal-Aimée Doerries QC, Chairman of the Bar Council, said: “Individuals navigating a ‘lawyerless’ online court process could easily find themselves in litigation with big organisations who can afford to hire their own legal teams.
“Not being able to recover costs for advice or representation will mean leaving those who need it most to litigate without any legal assistance, which would put them at a significant disadvantage.”
The Law Society has said the online court should have a £10,000 ceiling.
In its response, the Association of Costs Lawyers (ACL) warned that the current online system, for example, Money Claim Online, could not be used as a template for an online court as it was not straightforward even for those with a legal background. It also urged Briggs LJ to recommend they play a bigger role in the county courts since “legal costs is a learned skill and needs to be recognised as such”.
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