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10 March 2017 / Sir Geoffrey Bindman KC
Issue: 7737 / Categories: Opinion
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Law & the human element

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Geoffrey Bindman urges caution in the march towards online dominance in the law

The legal profession and the legal system have cautiously embraced the technological revolution Advances in communication and processing information have already transformed legal practice (see “The tipping point”, NLJ, 17 February 2017, p 6). Yet doubts arise when technology begins to replace functions which seem to need exclusively human qualities, such as judgement and empathy.

In September 2016 the Lord Chancellor announced that the £1bn programme of court reform to which her department is committed will include an online court for civil disputes. The advantages of online communication in the stages leading up to adjudication of a dispute are clear enough, but should we allow decision making without human intervention? We may accept the driverless car but are we ready for the lawyerless or even judgeless court? And is the litigant pursuing a claim or defence online on a level playing field with an opponent advised by a live lawyer. The danger in online justice

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