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Online justice: faster, more efficient, more unequal?

16 June 2017 / Sir Geoffrey Bindman KC
Issue: 7750 / Categories: Opinion
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The government should take care not to be captivated by the magic of technology, says Geoffrey Bindman

A few weeks ago, I expressed doubts about the proposed online court for which preparations are well advanced in the Prisons and Courts Bill (see ‘Law and the Human Element’ , NLJ 10 March 2017). My main concern is the diminished role for trained human specialist advisers, ie lawyers. The likelihood is that only those who can afford to pay lawyers—the corporations and institutional parties to the litigation—will have them, perpetuating the inequality which undermines our justice system. My doubts have been reinforced by the collapse of the Dutch Rechtwijzer scheme, the pioneer in online dispute resolution to which the UK proposals owe their inspiration (see ‘Digital law crashes out…for now,’ Steve Hynes, NLJ , 28 April 2017,
p 7). More of that below.

Naturally I welcome efficiencies and economies which new technology can bring to many situations. The onward march of science continues to bring benefits. The development of robotics and artificial intelligence allows tasks hitherto assigned to human beings to be performed

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