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19 May 2017 / Claire Pennells , Masood Ahmed
Issue: 7746 / Categories: Features , Procedure & practice , Technology
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Online courts take the stage

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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 is that it does not have a pre-action protocol (PAP)

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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’
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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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