Virtual justice for small claims

Posted By: James

Monday 16th February 2015

A new report from the Civil Justice Council has recommended that a new online court should be set up for small claims of less than £25,000 similar to systems used by internet retailers such as eBay to resolve disputes. Instead of being argued in traditional open court hearings, cases in England and Wales could be settled more quickly by judges sitting in front of a computer using papers received by email or, in difficult cases, through telephone conference calls, the report suggests, with judgements being legally blinding in the same as those handed in a traditional court. "Online dispute resolution (ODR) is not science fiction. Famously, each year on eBay, around 60m disagreements amongst traders are resolved through ODR. This is a well-established way of resolving disputes, appropriate for the internet age. Other jurisdictions, most notably Holland and Canada, are already forging ahead," the report argues. Speaking to the FT, Lord Dyson, Master of the Rolls, describes the report an "exciting milestone", adding that there is no reason to believe many litigants preferred court hearings, as for some it can be a “terrifying experience”. The Daily Telegraph notes that the recommendation comes amid fears that increasing numbers of people are being denied access to justice because of the virtual abolition of legal aid in many areas of the law. Its editorial backs the proposals, however, it warns that virtual courts should not be encouraged in the criminal system where the way suspects and witnesses look and behave can be crucial.

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