International Law

The Online Court and the digitisation of justice

By Nick Holmes

In its Report to the Civil Justice Council in February 2015, Online Dispute Resolution for Low Value Civil Claims, the ODR Advisory Group, chaired by Prof Richard Susskind recommended the establishment by HMCTS of an online court for low value civil claims, called HM Online Court (HMOC). This would overcome the fact that current practice and procedures were ?too costly, too slow, and too complex, especially for litigants in person.?

This court service would be in three ?tiers?. The first, ?online evaluation?, would help users identify their problem, be aware of their rights and obligations and understand the options available to them.

Next, ?online facilitation? would involve online mediation and negotiation, supported, where necessary, by telephone conferencing. Some ?automated negotiation? might be involved.

If not resolved by mediation, ?online judges? would decide suitable cases or parts of cases largely on the basis of papers submitted to them electronically, again supported, where necessary, by telephone conferencing.

Although its terms of reference were restricted to civil claims under the value of £25,000, it suggested that the jurisdiction of HMOC ?should also be extended to suitable family disputes and to appropriate cases that come before today?s tribunals.?

My recent article in the Internet Newsletter for Lawyers looks at how this has panned out.

Full post as published by Binary Law on June 19, 2019 (boomark / email).