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04 June 2014
Issue: 7609 / Categories: Legal News
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Paper trials “like the Dodo”

A mock “virtual” or “e-trial” has been conducted by Judge Simon Brown from the Birmingham Civil Justice Centre, in collaboration with judges in the US and New Zealand, to demonstrate the possibilities of digital courts.

Participants watched the “trial” on one screen and viewed court documents on another.

However, a Canadian judge’s recent statements in court show the struggle to modernise the justice system is shared by both sides of the Atlantic.

Refusing counsel’s request to conduct a trial in paper, which would result in 10 binders of documents, Judge DM Brown in the Ontario Superior Court of Justice expressed “profound frustration”. Recalling the music collection of 45rpms he treasured as a youth, he said they had “gone the way of the Dodo bird” and would be unrecognisable to his grandchildren. 

“Why should courts and lawyers be any different?” he said, in Bank of Montreal v Faibish.

Birmingham Civil Justice Centre’s Judge Brown says: “What the judge is talking about is e-bundles for applications, CMCs and trials ‘bundles’, which concern only the judge and the litigators—not court filing that involves the parties and the court service. 

“The latter is for the Ministry of Justice; the former is here and now in the Birmingham Mercantile Court pursuant to CPR 1.4(2)(l) as and when litigators want to work that way with easy to use secure software for eBundles and for video conferencing. Just one laptop per person, wifi and two screens each is all you need—and it is international, 24/7 and mobile!”

Issue: 7609 / Categories: Legal News
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Jurit LLP—Caroline Williams

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Flint Bishop—Deborah Niven

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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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