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03 November 2023 / Jeffrey Wale
Issue: 8047 / Categories: Features , Profession
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Civil claims & open justice in the digital sphere

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Jeffrey Wale wonders about the future of open justice as the civil justice digitisation process rolls on
  • With the digital claims portal going into its second year, the MoJ is now looking at how far open justice can be applied to the platform.
  • The benefits and setbacks of further digitisation of civil court processes must be examined further, in order to avoid limiting access to justice for technology-disadvantaged parties.
  • Further consultations and stakeholder engagement are needed in order to get a full understanding of what is needed regarding open justice and how technology can play a part.

The Civil Justice Council (CJC) has tackled the issue of pre-action protocols (PAPs), in its latest report, published in August, CJC review of pre-action protocols: final report part I.

In the report, the CJC working group recommends that the Ministry of Justice (MoJ) examine the feasibility of developing a general PAP which is limited to the main PAP steps, but which can be linked to relevant existing

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MOVERS & SHAKERS

Laytons ETL—Maximilian Kraitt

Laytons ETL—Maximilian Kraitt

Commercial firm strengthens real estate disputes team with associate hire

Switalskis—three appointments

Switalskis—three appointments

Firm appoints three directors to board

Browne Jacobson—seven promotions

Browne Jacobson—seven promotions

Six promoted to partner and one to legal director across UK and Ireland offices

NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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