“Lawyerless” justice could encourage two-tier justice system
Lord Justice Briggs’s plans to modernise and digitise the civil courts structure have received a mixed reception from lawyers.
Bar Chairman Chantal-Aimée Doerries QC says that moves towards introducing online courts with minimum assistance by lawyers could lead a two-tier justice system.
“Any moves towards an online court for claims of up to £25,000 must avoid the risk of entrenching a system of two-tier justice whereby individuals opting to use a ‘lawyerless’ online court process could easily find themselves in litigation with big organisations which can afford to hire their own legal teams,” she says.
“Sir Michael Briggs is right to acknowledge that the success of the online court will depend critically on digital assistance for all those challenged by the use of computers, and on continuing improvement in public legal education.”
Briggs LJ’s final report, published last week, anticipates the online court would have its own set of “user-friendly” rules and would become the compulsory forum for cases within its jurisdiction.
Although Briggs LJ advances adopting £25,000 as the intended ceiling for “online” cases, he said there was a good case for a soft launch of the new court with an initial £10,000 threshold for the Small Claims Track (apart from PI and housing disrepair claims). Complex cases would be transferred to the higher courts, while help would be provided to people who need assistance with online systems.
David Greene, NLJ consultant editor and committee member of the London Solicitors Litigation Association (LSLA), says: “The court he proposes is a whole new ball game with separate rules and an inquisitorial process. While the work our members do is at a different level it remains important to all of us that the justice process at all levels is accessible and effective. Briggs seeks to deliver that and the LSLA welcomes this ‘revolutionary’ initiative.”
NLJ columnist Professor Regan, of City Law School, says: “The detail accepts that the scheme should have a soft introduction and be capped at £10,000. It also suggests that it be voluntary, not compulsory, upon inception.
“2020 is far away but even that timing may prove optimistic.”
