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12 June 2019
Issue: 7844 / Categories: Legal News , Technology , Procedure & practice
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Online court woes

Plans to establish an online court give ministers too much power, raising constitutional concerns, a parliamentary committee has warned

While ministers could specify that the online court be used only for civil claims valued up to £25,000, ‘nothing in the Bill limits the use of online procedures to such cases’, the Constitution Committee warned last week in its report on the Courts and Tribunals (Online Procedure) Bill.

The Bill could be used, for example, ‘to compel’ the use of online proceedings for everything but very high-value claims, and ‘many, or even all, civil, family, tribunal and employment proceedings’. Therefore, online courts could replace oral hearings in a far wider range of cases than anticipated.

Moreover, the Bill allows for procedural rules to be made that would compel the use of online proceedings, raising questions about the constitutional principle of access to justice. According to the Office for National Statistics, more than five million adults can be characterised as ‘non-internet-users’.

Issue: 7844 / Categories: Legal News , Technology , Procedure & practice
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MOVERS & SHAKERS

NLJ Career Profile: John McElroy, London Solicitors Litigation Association

NLJ Career Profile: John McElroy, London Solicitors Litigation Association

From first-generation student to trailblazing president of the London Solicitors Litigation Association, John McElroy of Fieldfisher reflects on resilience, identity and the power of bringing your whole self to the law

Clarke Willmott—Elaine Field

Clarke Willmott—Elaine Field

Planning and environment team expands with partner hire in Manchester

Birketts—Barbara Hamilton-Bruce

Birketts—Barbara Hamilton-Bruce

Firm appoints chief operating officer to strengthen leadership team

NEWS
A landmark Supreme Court ruling has underscored the sweeping reach of UK sanctions. In NLJ this week, Brónagh Adams and Harriet Campbell of Penningtons Manches Cooper say the regime is a ‘blunt instrument’ requiring only a factual, not causal, link to restricted goods
Fraud claims are surging, with England and Wales increasingly the forum of choice for global disputes. Writing in NLJ this week, Jon Felce of Cooke, Young & Keidan reports claims have risen sharply, with fraud now a major share of litigation and costing billions worldwide
Litigators digesting Mazur are being urged to tighten oversight and compliance. In his latest 'Insider' column for NLJ this week, Professor Dominic Regan of City Law School provides a cut out and keep guide to the ruling’s core test: whether an unauthorised individual is ‘in truth acting on behalf of the authorised individual’
Conflicting county court rulings have left landlords uncertain over whether they can force entry after tenants refuse access. In this week's NLJ, Edward Blakeney and Ashpen Rajah of Falcon Chambers outline a split: some judges permit it under CPR 70.2A, others insist only Parliament can authorise such powers
A wave of scandals has reignited debate over misconduct in public office, criticised as unclear and inconsistently applied. Writing in NLJ this week, Alice Lepeuple of WilmerHale says the offence’s ‘vagueness, overbreadth & inconsistent deployment’ have undermined confidence
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