England: Online court for claims up to £25k could ‘damage’ English legal reputation

Proposals to establish an online court to resolve civil claims of up to £25,000 have come under fire from the Bar Council in England and Wales.

In an interim report published in December 2015, Lord Justice Briggs said such a court “could be created for the resolution of relatively straightforward debt and damages claims up to a provisionally chosen value at risk of £25,000”.

He added: “As will appear, the OC would achieve its purposes as far as possible by automated software, both for initial triage and basic conciliation, but disputes not thereby resolved would receive human attention both from Case Officers (previously labelled DJOs) and, for final determination, from judges.”

Chantal-Aimée Doerries QC, chair of the Bar Council, said the proposals “risk entrenching a system of two-tier justice”.

She added: “Individuals navigating a ‘lawyerless’ online court process could easily find themselves in litigation with big organisations who can afford to hire their own legal teams. Not being able to recover costs for advice or representation will mean leaving those who need it most to litigate without any legal assistance, which would put them at a significant disadvantage.

“These proposals would also mark a shift towards an inquisitorial system of justice, which has major implications for the judiciary, the risks and costs of which have not been assessed.

“Plans that involve the widespread dismantling of existing court structures would need rigorous testing and evaluation as well as careful piloting. Changes of this magnitude go to the heart of our system of justice and should also be subject to parliamentary oversight.

“Our legal system is the envy of the world, but these proposals have the potential to damage that well-deserved reputation.”