header-logo header-logo

10 March 2017 / Sir Geoffrey Bindman KC
Issue: 7737 / Categories: Opinion
printer mail-detail

Law & the human element

nlj_7737_bindman

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 is that the current imbalance between the parties with and

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
back-to-top-scroll