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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

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
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