Lord Justice Briggs’s plans for a paperless revolution, due to be published in final form next month, are “something utterly new”, says litigator David Greene.
The headline feature of Briggs LJ’s civil courts structure review so far is his proposal for an online court. Reporting from Briggs LJ’s presentation at the recent Westminster Legal Forum, Greene, NLJ consultant editor and senior partner at Edwin Coe, says: “[Briggs LJ] expressed his understanding that IT projects in the courts do not have a great pedigree of success but he proffers that the available budget is large and reflects the earnestness of the government to make this work.
“The concept of newness also extends to the procedural structure of the court which will have its own new procedural rules built around a three-stage process including a conciliation stage overseen by court officers.” Greene reports that Briggs LJ has changed position on recoverable costs and will now recommend that they be allowed to some degree.
However, an online court is unsuitable for intellectual property cases, Jane Foulser McFarlane, of 30 Park Place Chambers Cardiff, also writes in this week’s NLJ.
She argues that the Briggs review is unlikely to bring down the “prohibitive” cost of litigating intellectual property disputes. It can cost up to £750,000 to challenge a patent in a simple case. A £2,000 claim for copyright infringement can cost £20,000–£30,000.
“As the interim proposal stands, it is aimed at do it yourself litigation without good legal advice or representation” whereas IP law is complex and requires specialist legal support.”
