Calls for a radical shake-up of the civil courts that would see the introduction of a new online platform for dealing with disputes have come under fire.
The Civil Justice Committee (CJC) wants “small” claims up to the value of £25,000 to be settled via the Internet.
The plan comes as more and more people are being forced to represent themselves in Court as a result of the small claims limit having already been increased to £10,000.
But James Pritchard, a personal injury solicitor at Macks Solicitors in Middlesbrough, says the proposed limit is far too high and won’t solve a problem the government have created for themselves with previous reforms.
He insisted: “Suggesting that cases up to £25,000 are of small value is ridiculous – £25,000 is not a small amount to anyone except the super-rich.
“They’ve already increased the small claims limit to £10,000 for all types of cases except personal injury, where it remains at £1,000.
“Solicitors have been priced out of the market, as there is no award of costs in small claims.
“People can’t afford to pay solicitors and are forced to represent themselves. It’s clogging up the system because understandably many don’t know what they’re doing.”
The CJC say courts must adapt to the digital age and to keep up with other countries already dealing with civil disputes online. It believes the current court system is too slow, complex and expensive and that a new HM Online Court (HMOC) would save money and increase access to justice.
Judges would decide cases by interacting electronically with parties. Earlier resolution of disputes on HMOC would also be achieved through the work of “facilitators”.
It recommends the creation of an ODR (Online Dispute Resolution) system, saying: “ODR is not science fiction. Famously, each year on eBay, around 60 million 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. If, in England and Wales, we aspire to have a court system that leads the way, then we already have some catching up to do.”
The judge’s final decision would be legally binding in the same way as a courtroom ruling. The process would not require lawyers and telephone hearings may occur in the final stages.
But compensation claims specialist Mr Pritchard said: “Anyone who has ever used eBay’s dispute resolution process knows it can be hugely frustrating.
“The government have created this problem themselves by raising the small claims limit and now they’re panicking and trying to fix it, but it won’t work. “What about all those people who’re aren’t online, for example? Will they be denied access to justice?
“We know the civil justice system is antiquated, but this is just trying to put a sticking plaster on a problem that government has created.”
The CJC wants to see a pilot of the virtual courtrooms within the next two years before nationwide introduction. Eventually the system could be extended to family disputes.
