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04 June 2014
Issue: 7609 / Categories: Legal News
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Paper trials “like the Dodo”

A mock “virtual” or “e-trial” has been conducted by Judge Simon Brown from the Birmingham Civil Justice Centre, in collaboration with judges in the US and New Zealand, to demonstrate the possibilities of digital courts.

Participants watched the “trial” on one screen and viewed court documents on another.

However, a Canadian judge’s recent statements in court show the struggle to modernise the justice system is shared by both sides of the Atlantic.

Refusing counsel’s request to conduct a trial in paper, which would result in 10 binders of documents, Judge DM Brown in the Ontario Superior Court of Justice expressed “profound frustration”. Recalling the music collection of 45rpms he treasured as a youth, he said they had “gone the way of the Dodo bird” and would be unrecognisable to his grandchildren. 

“Why should courts and lawyers be any different?” he said, in Bank of Montreal v Faibish.

Birmingham Civil Justice Centre’s Judge Brown says: “What the judge is talking about is e-bundles for applications, CMCs and trials ‘bundles’, which concern only the judge and the litigators—not court filing that involves the parties and the court service. 

“The latter is for the Ministry of Justice; the former is here and now in the Birmingham Mercantile Court pursuant to CPR 1.4(2)(l) as and when litigators want to work that way with easy to use secure software for eBundles and for video conferencing. Just one laptop per person, wifi and two screens each is all you need—and it is international, 24/7 and mobile!”

Issue: 7609 / Categories: Legal News
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MOVERS & SHAKERS

Cripps—Radius Law

Cripps—Radius Law

Commercial and technology practice boosted by team hire

Switalskis—Grimsby

Switalskis—Grimsby

Firm expands with new Grimsby office to serve North East Lincolnshire

Slater Heelis—Will Newman & Lucy Spilsbury

Slater Heelis—Will Newman & Lucy Spilsbury

Property team boosted by two solicitor appointments

NEWS
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Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
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A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
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