Lord Justice Briggs has published his final report into the civil courts, recommending an online court with minimum assistance by lawyers, to a generally positive response from lawyers.
Briggs LJ’s Civil Court Structure Review anticipates the online court would have its own set of “user-friendly” rules and would become the compulsory forum for cases within its jurisdiction.
Although Briggs LJ recommends adopting £25,000 as the intended ceiling for "online" cases, he said there was a good case for a soft launch of the new court with an initial £10,000 threshold for the Small Claims Track (apart from PI and housing disrepair claims).
Complex cases would be transferred to the higher courts. Help would be provided to people who need assistance with online systems.
The review, which was commissioned in July 2015, recommends establishing a new tier of officials—case officers, who would be court lawyers or other officials who would assist with uncontentious matters currently carried out by judges. The case officers would be trained and supervised by judges and their decisions would be subject to reconsideration by judges on request by a party.
Briggs LJ suggests that a single court become the default court for the enforcement of judgments and orders, and that all enforcement procedures be “digitised, centralised and rationalised”. A court-based out-of-hours private mediation service would be re-established. The courts would adopt the principle that no case is too big to be resolved in the regions, to address the current acute shortage of Circuit judges.
He also recommends that the Family Court be given a shared jurisdiction with the Chancery Division and the County Court for dealing with Inheritance Act matters and disputes about co-ownership of homes.
Briggs LJ said he believed that if his recommendations were 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”.
David Greene, NLJ consultant editor and committee member of London Solicitors Litigation Association (LSLA), says: “The court he proposes is a whole new ball game with new separate rules and an inquisitorial process.
“Whilst the work our members do is at a different level it remains important to all of us that the justice process at all levels is accessible and effective. Briggs seeks to deliver that and the LSLA welcomes this "revolutionary" initiative.
“With the continuing cut back in resources for courts, keeping a track on this process to introduce cost effective delivery of justice is all important for all of us. It's bound to have lessons for all litigators and the courts for the future.”
NLJ columnist Professor Regan, of City Law School, says: "The detail accepts that the scheme should have a soft introduction and be capped at £10,000.
"It also suggests that it be voluntary, not compulsory, upon inception. 2020 is far away but even that timing may prove optimistic."
Bar Chairman, Chantal-Aimée Doerries QC, says: “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.
“Sir Michael Briggs is right to acknowledge that the success of the online court will depend critically on digital assistance for all those challenged by the use of computers, and on continuing improvement in public legal education. In reviewing these proposals, we must also assess what impact they may have on the world-renowned reputation of our legal system, which needs protecting more than ever in the current changing climate.”
