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Online courts take the stage

19 May 2017 / Claire Pennells , Masood Ahmed
Issue: 7746 / Categories: Features , Procedure & practice , Technology
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Masood Ahmed & Claire Pennells consider pre-action protocols & the Briggs online court

The Lord Chief Justice and the Master of the Rolls commissioned Lord Justice Briggs to review the civil dispute resolution structure in England and Wales in order to increase access to justice. Although Briggs LJ’s review, known as the Civil Court Structure Review (Interim and Final Reports), considered a wide range of matters, his single most radical proposal was the introduction of an online court (OC) to handle more modest disputes. In Briggs LJ’s estimation, according to his Interim Report , the OC ‘offers the best available prospect of providing access to justice for people and small businesses of ordinary financial resources’. Although the forthcoming general election has meant that the Prisons and Courts Bill, which seeks to implement some of these key reforms (including the formation of a new online procedural rule committee), has been dropped, work on structuring and piloting aspects of the OC continues.

One of the distinguishing features of Briggs LJ’s proposed OC

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NEWS
Tech companies will be legally required to prevent material that encourages or assists serious self-harm appearing on their platforms, under Online Safety Act 2023 regulations due to come into force in the autumn
Commercial leasehold, the defence of insanity and ‘consent’ in the criminal law are among the next tranche of projects for the Law Commission
The Bar has a culture of ‘impunity’ and ‘collusive bystanding’ in which making a complaint is deemed career-ending due to a ‘cohort of untouchables’ at the top, Baroness Harriet Harman KC has found
Lawyers have broadly welcomed plans to electronically tag up to 22,000 more offenders, scrap most prison terms below a year and make prisoners ‘earn’ early release
David Lammy, Ellie Reeves and Baroness Levitt have taken up office at the Ministry of Justice, following the cabinet reshuffle
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