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27 September 2018 / Roger Smith
Issue: 7810 / Categories: Opinion , Technology
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Missing: stage one

Roger Smith questions why the triage process, vital for the success of the online court modernisation programme, has gone AWOL

Lord Briggs was an inspired choice to send out to prepare the ground for the court modernisation. He produced two thoughtful and well written reports advocating the kind of change that the Ministry of Justice (MoJ) and the senior judiciary of that time wanted. After his opening artillery salvos had levelled the intellectual field, Her Majesty’s Courts and Tribunals Service (HMCTS) arrived with the ground troops to clear up. Alas, in the move to implementation, concepts that he had argued as key were quietly removed. His reports are still brandished as enthusiastic endorsements of a general process even though specific elements of his proposals were countermanded. That raises some wider questions about the nature of the programme and its constitutional accountability.

Small claims & tribunals online

The court modernisation programme endorsed by Lord Briggs is a protean agglomeration of close to 50 different projects that, overall, amount to a revolution in the courts. Each one merits

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NEWS
A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
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